ML20043C283
| ML20043C283 | |
| Person / Time | |
|---|---|
| Site: | 15000033 |
| Issue date: | 05/30/1990 |
| From: | Bechhoefer C, Carpenter J, Cole R Atomic Safety and Licensing Board Panel |
| To: | BASIN TESTING LABORATORY, INC., DBA BASIN SERVICES, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#290-10412 90-601-01-SC-CI, 90-601-1-SC-CI, EA-88-265, LBP-90-14, SC-CIVP, NUDOCS 9006050002 | |
| Download: ML20043C283 (3) | |
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.g ikkP-90-14i 69 UNITED STATES OF AMERICA T'
NUCLEAR PEGULATORY COMMISSIM MAY 31 A8 :05-8 i'
ATOMIC SAFETY AND LICENSING: BOARD r4rF fcE OF BECRE1ARY Before Administrative Judge d
$ h Ci Charles Bechhoefer,. Chairman SERVED MAY'31-1990 Dr. James H. Carpentor:
Dr. Richard F.
Cole J
=InLthe' Matter of Docket No. 15000033-g" SC/CivP
' BASIN TESTING LABORATORY, INC.
dba BASIN SERVICES, INC.
SC/CivP E
GeneralCLicensee (10 C.F.R.
E.A.88-265 5 150.20)
May.30, 1990 MEMORANDUM AND ORDER (Order Annrovina Settlement Aareement and Terminatina Proceedina)
.This proceeding involves a licensee's challenges to an-
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Order Imposing civil Monetary Penalty and an Order To Show Cause Why License Should Not Be suspended, each issued by the NRC Staff on: December 6, 1989.
A Notice of Hearing was issued on January 22, 1990 (55 Fed. Reg.-2719, January 26,.
1990).
The parties to the proceeding are the Licensee and
.the NHC Staff.
The Licensing Board was notified by telephone on April 9, 1990, that the parties had reached agreement to settle the issues in the proceeding and, as a result, we cancelled the prehearing conference scheduled for April 24, 1990.
See Cancellation of Prehearing Conference, dated April 9, 1990 (55 Fed. Reg. 14026, April 13, 1990).
By l
. memorandum dated May 25, 1990, the NRC Staff transmitted to I
'9006050002 900530 SECY GEN 01500033 PDR"
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, the Board an executed settlement agreement and a joint motion to terminate-the proceeding.
Under'the. agreement, the Staff agreed-to withdraw its order 'to Show Cause', and h
'the Licensee. withdrew its request for a' hearing on-the civil
- penalty order and agreed to pay, in installments,-the civil-monetary penalty sought by the Staff.
The agreement appears to the Board to be fair to both parties and its approval to be in the public interest.
Given the Commission policy. favoring. settlement of' proceedings of-this type (10 C.F.R.
S 2.203), the Board hereby approves the agreement (jncorporating its terms by reference into this order) and urants the parties' motion to terminate the proceeding on the basis thereof.
THE ATOMIC SAFETY AND' LICENSING BOARD w
An enJ Charles Bechhoefer, ADMINISTRATIVE JUDG_phairman.
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41.t/JO4 Dgf James H. Carpenger 4]DMINISTRATIVE JUDGE M~
~
Dr. Richard F.
Cole ADMINISTRATIVE JUDGE Bethesda, Maryland May 30, 1990
% j %l UNITED STATES OF AMERICA l
NUCLEAR RESULATORY COMMISSION _
in the Matter-of I
I
~
BASIN TESTING LABORATORY, INC.
I Docket No.(s)? 15000033-SC/CIVP DBA BASIN SERVICES, INC.
1 (General' Licensee (10 CFR 150.20) i e
E. A.
BB-265) l 1
-CERTIFICATE OF SERVICE 1:hereby. certify that copies.of the foregoing LB-M60 (ORDER APPROVING...I have'been served upon-the following persons by U.S. mail, first class,- except
=as otherwise noted and in accordance:with the requirements of.10 CFR.Sec. 2.712.-
Atomic Safety and Licensing Appeal.
Administrative Judge Board; Charles Bechhoefer, Chairman U.S. Nuclear. Regulatory Commission Atomic Safety-and Licensing Board Washington,.DC 20555
.U.S. Nuclear Regulatory Cometssion Washington, DC 20555 Administrative Judge Administrative Judge
. James H. Carpenter Richard F. Cole Atomic Saf ety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear' Regulator.y Commission-U.S. Nuclear Regulatory Commission Washington, DC 20555~
Washington, DC-20555 Robert W.
Harms, Esquire Office-of the General Counsel Harms Law Offices, Ltd.
U.S. Nuclear Reoulatory Commission 501 E. Broadway, Suite 100, P.O.BX 1192 Washington, DC 20555 Williston, ND 3BB02 Dated at Rockville, Md. this I
31 day of May 1990 b
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