ML20058N289
| ML20058N289 | |
| Person / Time | |
|---|---|
| Issue date: | 08/25/1993 |
| From: | Dan Collins NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Combs F NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 9310130253 | |
| Download: ML20058N289 (8) | |
Text
.
a n sa OffKIALRECORD COPY MEMORANDUM FOR:
Frederick C. Combs, Chief l
Operations Branch l
Division of Industrial and Medical Nuclear Safety, NMSS FROM:
Douglas M. Collins, Chief Nuclear Materials Safety and Safeguards Branch Division of Radiation Safety and Safeguards, Region II l
l
SUBJECT:
COMMENTS ON PROPOSED ORDER AND PROCEDURES FOR SUSPENDED LICENSES t
l This is in response to your memorandum dated August 10, 1993, requesting our comments on the above subject. This appears to be a reasonable approach and recommend that the system be implemented. We would suggest-the memorandum establishing the proposed procedures for issuing the Orders be incorporated in the Policy Guidance and Directive system and specify that:
1.
Copies of the proposed Orders, Orders, and all related correspondence be sent by e-mail to the responsible Branch Chiefs in the Regions (because of the short response times, seven days, 30 days, etc.).
2.
Item 2) h) be added to specify that the region will conduce a closeout survey where necessary prior to license termination.
t 3.
Item 4) be revised to state that if the licensee does not respond in writing within seven days of the call from the Region, that an inspection of the facility would normally be done within 30 days.
If there is no documentation from the licensee regarding final disposition of long-lived material, an inspection to determine the situation is j
normally appropriate.
4.
Item 5) V. should specify the HQ contact for such requests to the Department of Energy, and the reference procedure to be followed in making and following up on such requests, including any legal limitations, needs for Orders to seize material, access to facilities, j
etc.
l l
In addition, enclosed is a mark up of the Order to provide clarification.
If you have any questions on these comments, please give me a call.
CRIGINAL 51cNto BY j
DOUGLAS M. COLLINS Douglas M. Collins
Enclosure:
Mark up of Order bcc:
R. Bellamy, RI J. Grobe, RIII C. Cain, RIV J. Reese, RV Document Control Desk s:\\drss\\ suspend.dmc h
d6 DMCollins 9310130253 930825 P('
PDR ORG NOMA 08/25/93
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ENCLOSURE UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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Docket No.
3?-
1?-
)
License No. 4?-
2?-
)
ORDER SUSPENDING LICENSE (EFFECTIVE IMMEDIATELY)
I 1?- (Licensee) is the holder of Materials License No. 4?, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant 10CM PoES (
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W bwW Ghac authorizes the t o ? '. _ neumiu su=&yy nuw or. s s,, as amenu=u, UnY %(
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- ti... ; stated thcrcir The license has an expiration date of b w r b e w'dk YLu ce d. w s s
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II Pursuant to 10 CFR 171.16, the Licensee is required to pay an N3 annual fee.
The Licensee's annual fee for thes license for Fiscal Year 6?, as set forth in fee category.7?- of 10 CFR 171.16(d), is 58?.
As provided in 10 CFR 171.19, the Licensee's fee payment for Fiscal Year 6?- was due on 9?.
The Commission sent Invoice 10?- dated 9?, to the Licensee requesting pa p ent of the annual fee described above within 30 641(Mc )
to the days. p/he Commission sent a second notice of payment du V
Licensee on 11?.
On 12?, the Commission sent a third final notice of payment due, together with a Notice of Delinquent Debt N ehte/
(Notice), to the Licensee.
The finG.: ic: c f p /- ~ +%
specifically informed the Licensee that, " nonpayment of your fee may result in the Revocation of your License in accordance with E=lesure i l.
t i tne enforcement provisions of the Commission's regulations,"
namely, 10.CFR 171.23.
To date, the Licensee has net paid the annual fee required by 10 CFR Part 171.
III Based on the above, I have concluded that the Licensee has d
p illfully vio NRC requirements.
Therefore, pursuant to 10 e
( p, #CFR 2.202, I find that the willful violation requires that this j
In view of the foregoing and 0
s po' g Order be immediately effective.
57, 62, 63, 81, (as applicable), and
[k p 6. pursuant to Sections 53, l
4w-161c, 161i, 161o, 182, and 186 of the Atomic
- s Sections 161b, v
f(
.j Energy Act of 1954, as amended, and the Commission's regulations Y M in 10 CFR 2.202, 171.23, and 10 CFR Parts 30-35, 40, and 70 (as W
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,k pplicable), IT IS HEREBY ORDERED, THAT, EFFECTIVE 1MMEDIATELY:
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6 A.
License No. 4?~ is suspended with respect to re.ceipt and use k lbw few
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licensed nuclear materials; i+-
. i.u;; in effect of -the lp M
M with respect to^ possession and storage of licensed nuclear in the licensee's possession ase'ih material h a
..ug contaminationorinotherforms)untiltheCommissiop,
'b4b8ormd Yerm' nak 4
notifies the Licensee in writing th;t th; 11 r ^~ ^ M O
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noh',M. O b b kmm'.ss'.W Until the C::cF;;i;d _n ifi - the Ticonewt in writing that 3.
the Licenge is terminated, the Licensee shall:
(sSkretXnl\\ite%'.N 1.
?i " ;;t...a/ involving licensed nuclear material to those related to decommissioning and safe, secure storage or transfer of material; and 2.
continue to control entry te restricted areas until NRC W50
. 4 MtM are suitable for release for has determined that
...c y unrestricted use; The Licensee shall dispose of any licensed nuclear material C
y pe,, d'.
Ac/
acquired or possessed under the authority of License No. 4?-
3
[b within thirty '30) days after the date of this Order, either g
ge.
by returning the material to the manufacturer or
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had p6 g,ke, transferring it to another person authorized to possess the p
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'same material;
^ '( nd
. ay1 Within 5 days after disposal of the material, the Licensee
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p shall notify n writing the Regional Administrator for NRC m, of the disposition of a4vf licensed h
Region 13?,(atoMdress )
To k
- v -
%n 4 y K6 nuclear materialy hi+ >" gesscas;d :.- the hte ^f the N rush, d' 4?~; We W "t""J ge/
ar d
- da"
""d r zuthwi m vt ucens. 's.
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of athis Order,.44 e Within 30 da bwu %_ ys #
4k Od i E.
lismusee li manuf acture -
distribut r provid er g nr j ceWh I services to other licensees, Y.: '_i__--
notify 4e-g'l g ;-
.ust (wwr,d.g w iticg each custome or client $thatjauthorization to 6{,h.
md+,sudos o< *
'ts OnAk'\\
was eim provide 4ny support;has been suspended,anu s
du'ksNRoI % v Jd r;...== cannon pav.id; ny furth;.,,yert.
Furthermore, 7 t
the 1.,1censee must notify its customers and clients that they i
4 may need to amend their licenses to be in compliance with
'A NRC requirements.
~hIdN I
^
4 F.
Within 30 days of the date of thic Order, the Licensee shall conduct a radiation survey of the premises where th: (
licensed activities were carried out, as set forth in 10 CFR 3 0. 3 6 (c) (1) (v), 4 0.4 2 (c) (1) (v), and 70.38 (c) (1) (v), as
- ~.
1 9 applicable, and subrit a report of the results of this survey to the Regional Administrator for NRC Region 13?,
18.
the I.icensee shall Within 30 days of the date of this Order, G.
to the Regional Administrator for NRC Region submit a report
{ FIELD}13?- at { FIELD}18-that includes: (1) a listing of all materials disposed of, transferred, or still in the possession of the licensee, (2) a description of the
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conditions of storage of retained material and_ actions being
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I f taken to control access to the material, and (3) for-.any L material not disposed of or transferred, a description of the actions taken to attempt to dispose of or transfer the material and why they were unsuccessful.
/
I The License shall be terminated upon completion of the steps H.
outlined in Steps B through G above to the satisfaction of
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the Regional Administrator.
for relaxation of the above conditions shall be l
zgo Any request with submitted to the Deputy Chief Financial Officer /Co-troller, a copy to the Regional Administrator, in writing and under oath p
b U or affirmation, and showing good cause for the relaxation.
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In accordance with 10 CFR 2.202, the Licensee must, and any other submit an answer to l
person adversely affected by this Order may, this Order, and may request a hearing on this Order, within 30 l
4 l :-
l
_3_
days of the date of this Order.
The answer shall, in writing and under oath or affirmation, specifically admit or deny each forth the matters i
allegation or charge made in this Order and set i
of fact and law on which the Licensee or other person adversely t
affected relies.and the reasons as to why this Order should not have been issued.
Any answer or request for hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission,
-l ATTN: Chief, Docketing and Service Branch, Washington, D.C.
20555.
Copies also shall be sent to the Deputy Chief Financial Officer / Controller, U.S. Nuclear Regulatory Commission, Washington, DC 20555; the Assistant General Counsel for Hearings and Enforcement at the same address; the Regional Administrator, j
NRC Region 13?~, 18-; and to-the Licensee if the answer or hearing request is by a person other than the Licensee.
If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his or her interest is adversely affected by this Order and shall address
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the criteria set forth in 10 CFR 2.714(d).
I t
In lieu of filing an answer to the Order,-the Licensee may pay the prescribed annual fee, together with the_ amounts specified-below, within 30 days of the date of this Order.- This Order is i'
rescinded if, within 30 days of the date ofEthis' order, the Licensee remits the required fee of S8?, plus applicable L
interest, penalties, and administrative charges of $14?- through i
15?, for a total of $16?.
If payment is received prior to l-15?, a deduction of $17?- per day for interest and penalties-may I
L i
1
. be made from the total amount of S16?~.
If the Licensee or a person whose interest is adversely affected requests a hearing, the Commission will issue an order designating the time and place of any hearing.
If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.
Pursuant to 10 CFR 2.202 (c) (2) (i), the Licensee, or any other person adversely affected by this Order =ay, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error.
The motion must state with particularity the reasons why the order is not based on adequate evidence and must be accompanied by affidavits or other evidence relied on.
V In the absence of any request for hearing, this Order shall be final 30 days from the date of this Order without further order or proceedings.
AN ANSWER OR REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
VI The S8?- fee plus interest, penalties and administrative charges 3
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i of $14?- through 15?, for Invoice 10?- is a delinquent dent to i
I Failure to make a remittance of $16?- within i
the United States.
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to 10 CFR Part i
30 days of the date of this Order may, pursuant 15, result in referral.of the delinquent debt to a collection f
i General Accounting office or the agency, referral to the U.S.
U.S. Department of Justice for. litigation, or other action deemed l
i to 10 CFR 15.29,.the Commission may not.
appropriate.
Pursuant consider a new application for a license from the Licensee unless t
all previous delinquent debts of the Licensee to the NRC, including the delinquent debt identified in this Order, have been paid in full.
In addition, failure to meet the requirements of this Order may subject the Licensee and its agents to civil
}
t penalties and criminal sanctions.
{
1 FOR THE NUCLEAR REGULATORY COMMISSION I
Ronald M.
Scroggins Deputy Chief Financial officer / Controller I
Dated at Rockville, Maryland l
this day of 1993 i
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