ML20133E878

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $2,500.Noncompliance Noted:In 1992,93 & 94 Testing Lab,Inc Performed Activities at Listed Areas Using Byproduct Matl W/O Being Authorized to Conduct Activities

ML20133E878
Person / Time
Issue date:	01/06/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20133E874	List: ML20133E872 ML20133E878
References
EA-96-447, NUDOCS 9701130190
Download: ML20133E878 (2)

Text

.

, . - - - - - - - .-=- _.-- - . - .- - --

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Testing Laboratories. Inc. Docket No. 150-00030 Alamogordo. New Mexico License No. DM223-10 (New Mexico)

EA 96-447 During an NRC inspection and investigation completed November 5. 1996 a violation of NRC requirements was identified. In accordance with the " General-Statement of Policy and Procedure for NRC Enforcement Actions."

NUREG-1600, the Nuclear Regulatory Commission 3roposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of- 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

10 CFR 30.3 requires. in part, that except for persons exempt as arovided in 10 CFR Parts 30 and 150. no person shall possess or use

)yproduct material except as authorized in a specific or general license issued pursuant to Title 10. Chapter 1. of the Code of Federal Regulations.

Contrary to the above, in 1992, 1993 and 1995. Testing Laboratories, l

' Inc. performed activities at Holloman Air Force Base and White Sands Missile Range (areas of exclusive federal jurisdiction) using byproduct material without being authorized to conduct such activities under either a specific or general NRC license. (01013)

This is a Severity Level III violation (Supplement VI).

l. Civil Penalty - $2.500 Pursuant to the provisions of 10 CFR 2.201. Testing Laboratories. Inc.

l (Licensee) is hereby required to submit a written statement or explanation to the Director. Office of Enforcement. U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:

(1) admission or denial of the alleged violation. (2) the reasons for the violation if admitted. and if denied. the reasons why. (3) the corrective steps that have been taken and the results achieved. (4) the corrective steps l that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as why the license should not be modified, suspended, or revoked or why l such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232. this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director. Office of Enforcement. U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer

! of the United States in the amount of the civil penalty proposed above, or the cumulative a.nount of the civil penalties if more than one civil penalty is 9701130190 970106 PDR STPRG ESGNM PDR J

l t

i Jroposed, or may protest imposition of the civil penalty in whole or in part.

ay a written answer addressed to the Director. Office of Enforcement. U.S.

Nuclear Regulatory Commission. Should the Licensee fail to answer within the i time specified, an order imposing the civil penalty will be issued. Should  ;

the Licensee elect to file an answer in accordance with 10 CFR 2.205 '

protesting the civil penalty, in whole or in part, such answer should be i clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation (s) listed in this Notice, in whole or in part. (2) demonstrate

extenuating circumstances. (3) show error in this Notice, or (4) show other I reasons why the penalty should not be imposed. In addition to protesting the

)

civil penalty in whole or in part, such answer may reqqest remission or l

l mitigation of the penalty.

In requesting mitigation of the proposed penalty the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201. but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,

citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been  ;

determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless '

compromised. remitted, or mitigated, may be collected by civil action pursuant i to Section 234c of the Act. 42 U.S.C. 2282c.

l The response noted above (Reply to Notice of Violation, letter with payment of I civil'3enalty., and Answer to a Notice of Violation) should be addressed to: .

James _ieberman. Director. Office of Enforcement. U.S. Nuclear Regulatory Commission. One White Flint North 11555 Rockville Pike. Rockville. MD 20852-

, 2738. with a copy to the Regional Administrator. U.S. Nuclear Regulatory '

l Commission. Region IV. 611 Ryan Plaza Drive. Suite 400. Arlington. Texas 76011.

l Because your res)onse will be placed in the NRC Public Document Room (PDR), to the extent possi)le, it should not include any personal privacy. Jroprietary, or safeguards information so that it can be placed in the PDR witlout l

redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR. and provide the legal basis to support your request for withholding the information from the public.

Dated at Arlington Texas this 6th day of January 1997 1

I D