ML20043C335
| ML20043C335 | |
| Person / Time | |
|---|---|
| Site: | 15000033 |
| Issue date: | 05/25/1990 |
| From: | Dewey L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bechhoefer C, Carpenter J, Cole R Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20043C336 | List: |
| References | |
| CON-#290-10399 90-601-01-SC-CI, 90-601-1-SC-CI, NUDOCS 9006050075 | |
| Download: ML20043C335 (11) | |
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UNITED STATES -
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Mr.' Charles 6ecliSoefer, Chairman' Mr. Richard H.or Cole r su urv
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- Atomic Safety and Licensing Board Atomic Safety and Licensing Board e
Nuclear Regulatory -Commission-Nuclear Regulatory Commission Washington, D.C.-20555 Washington, D.C. 20555 7
Mr. James H. Carpenter i
Administrative Judge
'Atoute Safety and Licensing Board
. Nuclear Regulatory Commission
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Washington., D.C. 20555-In th Matter of n
BASIN TESTIis. LABORATORY INC.
GENERAL LICENSE-- 10 C.F.R. 150.20 Docket No. 1500003 ASLBP No, 90-60L-01-SC/CivP L
Dear Administrative Judges:
I counsel for NRC-staff advises that the NRC staff and Basin Testing Laboratory, l
Inc. hake reached a. settlement in the above-captionod proceeding. Enclosed are an-exetUted ~ settlement agreement, an executed motion to terminate the proceeding, b,. 7 ' s -a proposed order approving settlement and terminating the procee'Hng, a
-promissory note and schedule-of payments for the imposition of a civil penalty, tan adderdum to the promissory note, the notices of appearances of counsel for the parties in this proceeding, and a copy 'of a letter from staff counsel:to I
- counsel for Basin Testing.
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In several of the enclosed documents, staff counsel has made handwritten insertions which have been agreed to by the parties.
(See attachedletter from 1
staff coun.sel to counsel for Basin Testing.)
Rather than delaying the
-transmittal of this settlement to the Board by the parties having to send the r
documents back and forth for changes and new signatures, these documents are being' submitted to the Board with these insertions.
These insertions consist S<
of:
(1)'the date the promissory note was rigned; (2) a phrase in the addendum 3
l to the promissory note confirming that there will be a total of 24 payments, and (3) the dates the settlement agreement was signed.
In addition to. these -
- .V r insertions, please be advised that~ the date of the joint motion requesting approval of settlement is the same date as this letter rather than April 30, 1990 as shown in the agreement.
Sincerely, 9006050075 900520 SECY GEN 01500033' Lee Scott Dewey PDR w
Counsel for NRC Staff
Enclosures:
As stated
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UNITED STATES OF AMERICA y
WUCLEAR REGULATORY COMMISSION g
BEFORF THE ATOMIC SAFETY AND LICENSING BOARD y
In the Matter of BASIN TESTING LABORATORY, INC.
dha BASIN SERVICES, INC.
Okt. NO. 15000033 f
WILLISTON, NORTH DAKOTA ASLBP No. 90-601-Y 01-SC/CivP (General License-- 10 CFR 150.20)
EA 88-265 k
JOINT MDTION OF NRC STAFF AND BASIN TESTING LABORATORY, INC. FOR APPROVAL OF SETTLEMENT AGREEMENT f
Pursuant to 10 C..F.R. I 2.203, the NRC staff and Basin Testing F
Laboratory, Inc. jointly move the Atomic Safety and Licensing Board to V
E approve the settle unt agreennt that has been executed by the parties and rg is etteched.
The parties believe that termination of this proceeding on the basis of this agreement is ir, the public interest.
In accordance with 10 C.F.R. $ 2.ZC3, the parties request that the Board approve the attached EP settlement agreement, enter an order which incorporates it by reference into the order, and terminate this proceeding.
A proposed order is attached.
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Respectfully submitted, r
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Lee Scott Dewey E
Counsel for NRC Staff PMd lh Robert W. Harms Harms Law Officee, Ltd.
Counsel for Basin Testing Laboratory Inc.
Dated at Rockville, Maryland f)f g Q (>N) g O 4
this @l, day of April,1990, l
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UNITED STATES OF-AMERICA NUCLEAR REGULATORY COMMISSION' BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
- BASIN TESTING LABORATORY INC.
I Dkt. NO.15000033' dba BASIN SERVICES.-INC.
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WILLISTOH, NORTH DAKOTA
)1 ASLBP No. 90-601-
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.01-SC/CivP (General License-- 10 CFR 150.20) )'
EA 88-265.-
_ SETTLEMENT AGREEMENT On December 6,1989, the the Nuclear Reguhtory Commission. (NRC)
- staff isssed ' n order imposing a civil monetary penalty against Basin a
Testing Laboratory, Inc. (Basin Testing) and s'second order requiring Basin Testing to show cause why its general license should not be suspended.' Basin Testing requested a hearing regarding these orders on December 29 1989, and this request was referred to an Atomic Safety and
-Licensing Board.- On January 22, 1990, the Board granted a hearing.
In full settlement of the matter, the NRC staff and Basin Testing agree as follows:
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In response to the order imposing a civil monetary penalty, Basin Testing -withdraws its request for a hearing and agrees to pay a g
$5,000_ civil penalty pursuant to the terms set forth in Attachment A
-to this settlement agreement.
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cause order'(which includes the hiringiof a' full-time radiation safety officer)aniLhasreinspectedBasinTesting'soperations.: _ Based on
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. this information; the NRC staff agrees that Basin Testing-has shown N
cause why its' general-1icense_should not be? suspended.
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-3. The NRC staff'and Basin; Testing jointly move the Atomic Safety and'
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- Licensing-Board for.. an order approving this settlement and-l t
Lterminat ing.. th_i s : proceedit.;.
This agreement will become effective upon Board approval.-
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j FOR T"E (J0. EAR REGULATORY COMMISu un STAFF
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-Lee Scott Dewey Counsel-for-NRC Staff
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dba BASIN SERVICES' INC.
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Willism F. Cobban. President 9
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of.
BASIN! TESTING LABORATORY, INC.
Dkt. NO 15000033 dba BASIN'. SERVICES, INC.
WILLISTON,-NORTH DAKOTA
'ASLBP No. 90-601-01-SC/CivP
- (GeneralLicense--10CFR150.20)
'EA 88-265-ORDER APPROVING SETTLEMENT AGREEMENT AND TERMINATING PROCEEDING On May
, 1990, the parties to this enforcement proceeding, the NRC Staff and Basin' Testing-Laboratory, Inc. (Basin Testing), filed with the Atomic Safety and. Licensing Board: (1) a settlement agreement with attachmentsthat-hadbeenacceptedbybothparties,(2)ajointmotion.
- requesting the Board's approval of the agreement-and the entry of an-order. terminating this proceeding, and (3) a proposed order of termination.
In accordance with 10 C.F.R. 2.203, the Board has reviewed
-_the settlement agreement to determine whether approval of this agreement and-consequent termination of the proceeding is in the public. interest.
~ Based upon its review, the Board is satisfied that this criteria has been met.
Accordingly, the Board approves the settlement agreement attached hereto and incorporates it by reference into this order.
Pursuant to 1
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' Sections 81,161(b),.and (1) 'of-th'e Atomic Energy l Act of-;1954, as' amended:
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?C Land 10 C.F.R.: 6 2.203, the; Board hereby terminates: thi.s-proceeding'on; thel f.
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basis offthe settlement. agreement, t
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THE' ATOMIC SAFETY AND: LICENSING BOARD-4 g
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Charles Bechhoefer, Chairman
- Administrative Judge.
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James H. Carpenter i>
Administrative Judge y;
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.s Richard F. Cole-Administrative Judge 1
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Dated at Rockville, Maryland.
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APR 121990 Docket No. 15000033 6eneralLicense(10CFR250.20)
EA 88 255 Basin Testing Laboratory, Inc.
dba Basin Services, Inc.
ATTN: Mr. William S. Cobban President Post Office Box 1854 Willston,. North Dakota 58802-1854 Gentlemen:
SUBJECT:
SCHEDULE OF PAYMENTS FOR ORDER IMPOSING A CIVIL HONETARY PENA This refers to our discussion with Mr. Harms with regard to your response to our Order Imposing a Civil Monetary Penalty and Order to Show Cause Why License Should Not be Suspended dated December 6,1989. Based on these discussitns, a settlement has been reached between you and the NRC in which you agree to pay a $5,000.00 civil penalty.
Enclosed is a
- Promissory Note in Payment of Preexisting Debt' which you should read carefully, sign on page 3, and return to the Director, Division of Accounting and Finance, Office of the Co. troller, NRC, with your first installment payment of $225.71 before May 15, 1990.
should also be sent to the Director, Office of Enforcement, U.S. NuclearA copy of the signe Regulatory Comission, ATTN:
Document Contrcl Desk, Washington, D.C. 20555.
Please note thtt your signature constitutes a waiver of your right to contest the amount of the civil penalty and the underlying violations and empowers the United States to obtain a judgment provision against you without a hearing in the event that you fail to make a required payment.
Further, you are cautioned that if the Director, Division of Accounting and Finance, does not receive your promissory te and your first installment pay-ment by May 15, 1990, we may take action -
er Section 234c of the Atomic Energy Act of 1954, 42 U.S.C. 12282c.
In accordence with Section 2.790 of the NRC's ' Rules of Practice," Part 2 Title 10, Code of Federal Regulations, a copy of this letter and the enclosures will be placed in the NRC's Public Document Room.
Sincerely, my&W ames Lieberinan Director _
Office of Enforcement
Enclosure:
Promissory Note in l
Payment of Preexisting Debt kSee addendum attached hereto changing ~Tiirst inst-deta to 'uaa l'.
1000.
nt payment
Q'.to-Junn::Asso.J9*nt ^*y_,"tM@keinkin"** chtnsinalt hk.pnfmsnt date.
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- 3 m y4 Promissory Note in Payment of Preexisting Debt m.$p
. General Licensee (10 CFR 150;20)
EA 88-265' W'
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Obitgation - For value received. Basin Testing Laboratery, Inc.
o referred to as the Maker)' promises to pay to the order of-the Treasurer (
E United States the principal sum of $5 000 dollars of th.
iMay 15,:1990, at the rate; of:8.25 perc,ent per year,. with interest accruing from a
the sum of the principal due and all unpaid interes This-note is being
- to the United States on:the civil penalty ($5
-assigned the control numbers captioned above.,000) debts, which have been j
' principal sum stated in this note is intended to repay.a
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' acknowledges that execution:of this; note constitutes a waiver of the The Maker further
. to contest.the amount of. the civil penalty and the underlying violations-nh Act of 1954, as :. mended, 42 U.S.C. 62282c.on' which the civ q
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principal' installments.of $226.71 eachInstallments - This.nete is to b
.the fif teenth. day of t*,e monthof 5226.63,. payable to the Treasur E
L beginning on May 15 1990 and continuing until either the principal sum and all interest and other, cha t
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'tc be in' default.
Payments will be mailed to the following address:
- Nuclear Regulatory Commission, ATTN:
U.S.
Mail Stop MNBB 11104, Washington, D.C. 20555. Division of Accounting and Finance, and late-payment penalties:Following is an. amortization schedule exclusi o
Oue Date1 Principal Interest Unpaid Prir.cipal Balance
- 05/15/90 5 192.33~
5 34.3B 3 4807.67
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06/15/90-193.66 33.05 4614.01 l
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07/15/90 194.99 31.72 4419.02 08/15/90 196.33 30.38' 4222.69 09/15/90--
197.68-29.03-4025.01 10/15/90' 199.04 27.67 3825.97
~11/15/90' 200.41 26.30 3625.56 12/15/90 201.78.
24.93-3423.78
'01/15/91-203.17 23.54 3220.61 3
02/15/91 204.57 22.14 3016.04 o
03/15/91 205.97 20.74 i
04/15/91 207.39 19.32 2602.68 2810.07 05/15/91 208.P!
17.89 2393.85 W,
06/15/91 210.25 16.46 2183.61 07/15/91' 211.70 15.01 1971.91 08/15/91 213.15 13.56 1758.76 09/15/91 214.62 12.09 1544.14 10/15/91 216.09 10.62 11/15/91 217.58 9.13 1328.05 12/15/91-219.08 7.63 1110.47 01/15/92-220.58 6.13 891.39 02/15/92 222.10 4.61 670.81 8Hil fil:ff f:29 2!d8 448.71 4
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Promissory Note in Repayment of Preexisting rebt - Page 2 3.
Administrative Charges L A'dministrative charges to cover the costs incurred
- I by the United States in handling and-processing past-due amounts will be assessed -
- at the rate of $32.00 for each payment more than thirty (30) days past due; an additional $15.00foreachpaymentmorethansixty'(60)dayspast-due;andan
-additionel $18.00 for each payment more than ninety-(90) days past due.
4'
' Late Payment Penalties - Late payment penalties will be assessed on any amount more than ninety (90) days past due, at the rate of six (6) percent
- Per year.
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5.
= Payment Crediting -- The-payments that the Maker makes under this note will.
.be credited as of-the date received by the U.S. Nuclear Regulatory Comission first to outstanding late payment penalties and administrative charges; second
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to accrued interest; and third to the outstanding principal of the civil penalty.
6.
Default
' unpaid for a', period of thirty (30) days or moreAcceleration, and Other Remed this note.shall at the option of. the United States, be considered to be in default.
In the eve,r.t of default, J
the full amount of the prir.cipal sum, together with any accrued interest, late payment ~ penalties and administrative charges assessed under this no less~
any payments actually received by the United States from the Maker, sha due and~ payable in full imediately without the need for further demands or notices to the Maker. Furthermore, in the event of default the Maker agrees that the United States may exercise any ecliection options legally available
-to it,. including, but not limited to, taking administrative offset, hiring a private debt collection agency, filing adverse credit reports to local;and
, national credit-bureaus, referring the Maker's account for legal actions, and suspending;or revoking any licenses or other privilege which the U.S. Nuclear Regulatory Commission has granted to the Maker.
I
- 7.1. Default Costs and Fees - In the event of default, toe Maker agrees to pay L
all reasonable collection costs, court costs, and attorney's fees incurred by the United States as a result of. the default and of any appropriate collection actions-taken by the United States.
B.-
Confess Judgment Provisions - The Make ir permitted by Controlling Law a
(?s specified in paragraph 9), does hereby au,thorize and empower a United States 1
Attorney, any of his assistants, or any attorney of any court of record, State L
or Federal the' Maker for the entire amount of this obligation, with interestto appear for the t
less payments actually made, at any time after the same becomes due and payable,, as herein provided, in any court of' record, Federal or State; to waive the issuance and service of process upon the Maker in any suit on the obligation; to waive any venue requirements in such suit; to release all errors which may intervene in er.tering upon such judgment or in issuing any execution thereon; and to consent to immediate execution on said judgment. The Maker does hereby ratify and p
confirm all'that said attorney may do by virtue hereof.
9.
Controlling Law - Except where controlled by Federal law all disputes concerning this note shall be controlled by the law of the jur,isdiction in i,.
which the Maker is incorporated at the time the note is signed.
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4 Promissory Note In Repayment of Preexisting Debt - Page 3:
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- 10. Change"- The provisions of this note may not be changed except by s' written agreement which specifies the agreed-upon changes and which is signed-by. the Maker and sit authorized representative of the United States.
31,, Legal Effect --This note shall not be effective or legally binding upon the Maker or the United States until the date-it is signed by an-authorized official of the Maker.
- 12. : Signatures and Certification - 1, as an official of the Maker, do hereby.
certify that I.have read and understood the terms'of this note,.
This ($* Day of DM 1990
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I am an.authori?%g: official of the Maker and do certify that the Maker is L
incorporated it ne State of North Dakota at the time this note is signed and.that'the signature above is that=of an individual authorized to enter into a promissory nete for the Maker, i
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(,.),,jk d w n S Q /u / o 4*?r I!S~4-Signature Printed home 9
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ADDENDUM TO PROMISSORY NOTE
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DATED MAY 10, 1990 Uj pg.
Order imposing a c:lvil monetary penalty and order to show cause why license,should.not be suspended, dated
' December 6.-1989.
Pursuant to agreements between counsel for NRC, Mr. Lee Scott Dewey, United States Nuclear Regulatory Commission, Washington, D.C.,: and '
Robert W. Harms,-Harms Law Offices, Ltd., Williston, ND,-attorney
-for Basin Testing Laboratory,- Inc., dba Basin Services, Inc.', the above referenced and foregoing promissory note-which calls for a pr:.3cipal' payment of $192.33 and interest' of $34.38, payable on May'.15. 1990, said promissory note.is hereby amended-and the,first
' payment thereunder shall begin on June 15, 1990,.and shall continue
. for.each month. thereafter pursuant to the payment schedule as' set forth therein.
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