ML20133F135

Informs That Based on Orders & Lack of Response from Licensee,Certificate NR-0323-D-101-E Was Made Inactive.Info Confirmed by Kimberly on 961104

ML20133F135
Person / Time
Issue date:	10/04/1996
From:	NRC
To:	NRC
Shared Package
ML20133F109	List: ML20133F106 ML20133F123 ML20133F135
References
SSD, NUDOCS 9701140079
Download: ML20133F135 (4)

Text

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October 4,1996 l

l Note to file Reference Registration: NR-8063-D-801-E.

l Based on the orders and the lack of response from the licensee, the certificate was made l inactive. This information was confirmed by Sandra Kimberly on 11/4/96.

l l Christopher L. Brown, General Engineer l Sealed Source Safety Section l

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, 9701140079 961230 PDR RC *

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4 PAGE1 NRC FORM 567 U. S. NUCLEAR REGULATORY COMM310N REQUEST FOR A SEALED SOURCE OR DEVICE EVALUATION INSTRUCTIONS: Send tNs request AND a copy of ad related letters /apphCatsons and drawings to: The Sealed Source Safety Section, ATTN: Chief, OWFN Mail Stop 6 H3. Change the Ucense Tracidng System milestone to 19 and assign to reviewer code I-5.

NOTE: Retain a copy of tNs request with the ppi,.hi and background flies.

REQUESTER REGION / LOCATION:

-f & f f f[ h. d A J [

TELEPHONE NUMBER l 11 Ill D IV DV 0 HQ D LFDCB DATE TYPE OF ACTION REQUESTED (Check as appropriate)

APPUCMS NAME SOURCE REVIEW AMENDMENT OF REGISTRATION SHEET MM CONTROL NUMBER (S) DEVICE REVIEW NUMBER (S)

LETTERIAPPUCATON DATE UCENSE NUMBER ($) CUSTOM REVIEW CoMMENrs lO k l } U*

a J68 PARK, Ms 4 6 2 /-L 1 FOR SSSS USE ONLY g MODEL NUMBERS NUMBER D%nno /06/ Yd,AA 9'/r/%

DATE RECEIVED DATE TO FEES ,

/ '

r DATEASSIGNED/as/M d/k

/ TYPE OF ACTION (Indicate the number of each type) l COMMERCIAL DISTR!BUTION (FORMAL) l USE BY A SINGLE APPUCANT (CUSTOM)

SOURCE (9C) DEVICE (9A) SOURCE (90) DEVICE (98)

NEW NEW NEW NEW AMENDMENT AMENDMENT AMENDMENT AMENDMENT j NO SAFETY EVALUATLON REQUIRED j LICENSING ACTION REQUIRED IF KNOWN -

NO FEES REQUIRED NO j oTHER (SpecWy)

TOTAL NUMBER OF NOTES REVIEW HOURS NUMBER OF DEFICIENCY LETTERS I NUMBER OF l DEFICIENCY CALLS FOR BILLING PURPOSES ONLY NAME CHANGE ADDRESS CHANGE NEW REGISMON - J PRODUCT INACTM -

ADD TO BILLING REMOVE FROM BILLING FOR FEE USE ONLY TYPE OF FEE FEE CATEGORY ~

] 9A U 9B 9C U 90 CA40VNT RECENED CHECK NUMBER MATANN UPDATED AS REQUIRED DATE OF CHECK LOG

,_] MATSYS UPDATED AS REQUIRED APPROVED BY DATE RETURN DATE COMMENTS NHC FORM fd7 (843) lN N

PAGE1 '

NRC FORM 567 U. S. NUCLEAR REGULATORY COMMi&SION I

REQUEST FOR A SEALED SOURCE OR

• DEVICE EVALUATION INSTRUCTIONS: Send this request AND a copy of all related letters / applications and drawings to: The Sealed Source Safety Section, ATTN: Ch ef, ,

OWFN Mail Stop 6 H3. Change the License Tracking System milestone to 19 and assign to reviewer code I-5. ,

NOTE: Retain a copy of this request with the application and background files.

%EcutsrEN .

REGION / LOCATION:

f)/)2$// dAI 3 I ll Ill IV 0V 0 HO 0 LFDCB TELEiHONE NUMBER DArE i TYPE OF ACTION REQUESTED (Check as appropriate) ,

APPUCANTS NAME SOURCE REVIEW AMENDMENT OF REGISTRATION SHEET l Mall CONTROL NtJMBER($) DEVICE REVIEW N BER(S)  ;

LETTER / APPLICATION DArE LICEMSE NUMBER (S) CUSTOM REVIEW [

COMMENrS lO (YW /

U*

aJ5apnM ,Ks 4 6 L'*L i r

FOR SSSS USE ONLY ,

REVIEWER O MODEL NUMBERS NUMBER ASSIGNED 4 A.OV> O l0 ~ 1 DArE RECEIVED DATE ASSIGNED 5 DATE TO FEES 1/w/%

F4N% a/k

/ TYPE OF ACTION (Indicate the number of each type) 3 l COMMERCIAL DISTRIBUTION (FORMAL) l USE BY A SINGLE APPLICANT (CUSTOM) l SOURCE (9C) DEVICE (9A) SOURCE (90) DEVICE (98)

~ ~ ~ -

NEW NEW NEW NEW

] AMENDMENT ] AMENDMENT ] AMENDMENT ] AMENDMENT $

j NO SAFETY EVALUATION REQUIRED j LICENSING ACTION REQUIRED IF KNOWN -

NO FEES REQUIRED NO i

,,, } OTHER (Specdy)

TOTAL NUMBER OF NOTES REVIEW HQORS, NUMBER &F  !

DEFIC (ENCY LETTERS

. NUMBER OF DEFICIENCY CALLS FOR BILLING PURPOSES ONLY NAME CHANGE ADDRESS CHANGE ] NEW REGISTRATION - ] PRODUCT INACTIVE - ,

ADD TO BILLING REMOVE FROM BILLING ,

FOR FEE USE ONLY TYPE OF FEE FEE CATEGORY ~

l9A 98 9C 9D AMOUNT RECEIVED CHECK NUMBER MATANN UPDATED AS REQUIRED DATE & CHECK LOG j MATSYS UPDATED AS REQUIRED APPROVED BY DATE RETURN DATE

[

COMMENr3 NRC FORM Sol (8-93) ,

ORIGINATORS COPY ,

e m . 1 1

PAGE1 NRC FORM 567 U. 8. NUCLEAR REGULATORY COMM6SSION REQUEST FOR A SEALED SOURCE OR DEVICE EVALUATION INSTRUCTIONS: Send this request AND a copy of all related letters / applications and drawings to: The Sealed Source Safety Section, ATTN: CNef, OWFN Mail Stop 6 H3. Change the License Tracking System milestone to 19 and assign to reviewer code l-5.

NOTE: Retain a copy of tNs request with the application and background files.

HEQULSTER REGION / LOCATION:

[7 '// r [ // /,d Al TELEPHONE NUMBER DATE

, 1 11 U ill IV OV R HQ LFDCB TYPE OF ACTION REQUESTED (Check as appropriate)

APPucws NAME SOURCE REVIEW AMENCMENT OF REGISTRATION SHEET MA#L CONTROL NUMBER (S) DEVICE REVIEW NUMBER (S)

LETTER /APPUCATION DATE UCENSE NUMBER (S) CUSTOM REVIEW

~

COMMENTS l s)Y N0h j L/

• k 6 jd8 ghit! n ,

fll bl 2Q FOR SSSS USE ONLY REVIEWER ~7 MODEL NUMBERS NUMBER ASSIGNED Db ov v #

/00/ :f[

DATE RECENED DATE ASSIGNED DATE TO FEES 4//y/% swya 2/n

/ TYPE OF ACTION (Indicate the number of each type) l COMMERCIAL DISTRIBUTION (FORMAL) l USE BY A SINGLE APPLICANT (CUSTOM) y SOURCE (9C) DEVICE (9A) SOURCE (90) DEVICE (98)

NEW NEW NEW NEW ""

AMENDMENT AMENDMENT AMENDMENT AMENDMENT l j NO SAFETY EVALUATION REQUIRED j LICENSING ACTION REQUIRED IF KNOWN -

1 NO FEES REQUIRED NO -

,, ) OTHER (SoecWy)

TOTAL NUMBER OF NOTES i REVIEW HOURS. i NUMBER OF J DEFICIENCY LETTERS I NUMBER OF DEFICIENCY CALLS FOR BILLING PURPOSES ONLY NAME CHANGE ADDRESS CHANGE j NEW REGISTRATION - ] PRODUCT INACTIVE - l ADD TO BILLING REMOVE FROM BILLING FOR FEE USE ONLY TYPE OF FEE FEE CATEGORY  !

AMOUNT RECENED

]9A 98 9C U 9D CHECK NUMBER MATANN UPDATED AS REQUIRED l DATE OF CHECK LOG j MATSYS UPDATED AS REQUtRED i APPROVED BY DATE RETURN DATE COMMENTS l

--NC rortM 561 (543)

._ SSSS USE ONLY SUSPENSE COPY o

• S f GCS, 'gm .

SUBJECT:

ORDER SUSPENDING GENERATION 2. INC. LICENSE DISTRIBUTION: DATED: April 12, 1996 L .0C/DAF/SF (AR 8.t) w/cy backun . - ,

i Materials Annual Fee Correspondence File i

PDR w/co)y of backup l

License rile 15-26501-02 w/cy of backup Invoice File AM05814-94. AM05595-95 w/cy of backup JHolloway, OC OC R/F l JLieberman. OE PLohaus. OSP l

GPangburn, NMSS I LChandler. OGC '

DDambly, OGC LCallan. Regional Administrator, RIV GSanborn. Enforcement Coordinator. RIV  !

BSpitzberg. RIV l BGruzynski RIV I GJackson, LFARB 1 LTremper. LFARB L[lO!L, d)

OC/DAF R/F (n^F-6-000) l (To recette a copy of the skuaeneet. Indicate in the bum:

$//$

"C" = Copy widuxn attactwnentem:lomat "E" = Copy wuh attachmencenclosure "N" = No copy.

OFFICE LFARB LFARB s D/DW [) RA/RIV b NAfE LMi tchell:dn /b DDandols '

PRa LCallanbMht DATE k @96 '3 }l \\//96 h/[h6 y/[/96 0FFICE OGC b' OC 1 f\

NAfE 00 ly h/ RScr ns DATE 3 >2r/96 t

/ u 96 j OFFICIAL RECEMD COPY ce#

DOCUMEMT NAME: G:\Gener.Ord i

I

UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket No. 030 33103 Generation 2 Inc. ) License No. 15 26501 02 10580 Barkely Suite 62 )

Overland Park, KS 66212 )

ORDER SUSPENDING LICENSE (EFFECTIVE IMMEDIATELY) .

I Generation 2, Inc. (Licensee) is the holder of Materials License No. 15 26501-02, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to the Atomic Energy Act of 1954, as amended, that authorizes the activities stated therein. The license has an expiration date of June 30, 1998.

II Pursuant to 10 CFR 171.16, the Licensee is required to pay an annual fee for this license. In accordance with 10 CFR Part 15, the Licensee was sent an original invoice, a second notice, and a final notice requesting payment. The final notice of payment due specifically informed the Licensee that, "non-payment of your fee may result in the revocation of your license in accordance with the enforcement provisions of the Commission's regulations," namely,10 i

CFR 171.23. To date, the annual fee (s) listed below have not been paid as required by 10 CFR Part 171.

Delincuent Invoices Invoice Date Invoice Number Amount Billed Comment

1. 8/20/94 AM05814 94 $400.00 FY 1994 Annual Invoice

( 2. 7/22/95 AM05595 95 $400.00 FY 1995 Annual Invoice i

fSb }pp.

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2-III l

Based on the above, I have concluded that the Licensee has willfully violated NRC requirements. In addition, prior notice of the violation and an .

1 opportunity to achieve compliance was provided. Therefore, pursuant to 10 CFR 2.202, I find that the violation requires that this Order be immediately effective. In view of the foregoing and pursuant to Sections 81,161b,161c. ,

1611, 1610, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 170.41, 171.23, and 10 CFR Part 30. I l

IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:

A. License No. 15 26501 02 is suspended with respect to receipt and use of l licensed nuclear materials; the license remains in effect with respect l to the possession, transfer, and storage of licensed nuclear material i

remaining in the Licensee's possession, as contamination or in other I forms, until the Commission notifies the Licensee in writing that the License is terminated; B. Until notified by the Commission in writing that the License is terminated, the Licensee shall:

1. restrict activity involving licensed nuclear material to decommissioning and safe, secure storage or transfer of material; and l

l

2. continue to control entry into restricted areas until the Licensee has determined and NRC has confirmed that such areas are suitable for release for unrestricted use; C, The Licensee shall dispose of any licensed nuclear material, acquired or l possessed under the authority of License No. 15-26501-02, and shall take all actions required by 10 CFR 30.36; 1 1

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3 D. Within 30 days from the date of this Order, if the Licensee I manufactures, distributes, or provides services to other licensees, the Licensee must notify, in writing, each customer or client that authorization to provide any of these services has been suspended,  !

Furthermore, the Licensee must notify its customers and clients that they may need to amend their licenses to be in compliance with NRC l

requirements if their license specifically states reliance on the  ;

service of the Licensee. The Licensee must provide the Regional Administrator for NRC Region IV at 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 evidence of the notification and a list of customers or clients notified:

E. The License shall be terminated upon satisfaction of the requirements of 10 CFR 30.36.

l The Deputy Chief Financial Officer / Controller may relax or rescind, in l writing, any of the above conditions upon a showing by the Licensee of good cause. A request for relaxation of the above conditions shall be submitted to the Deputy Chief Financial Officer / Controller, with a copy to the Regional Administrator, in writing and under oath or affirmation.

IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within 30 days of the date of this Order.

Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time must be made in writing to the Controller, and include a statement of good cause for the extension.

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The answer shall be in writing and under oath or affirmation, and shall l specifically admit or deny each allegation or charge made in this Order and i 1

set forth the matters of fact and law on which the Licensee or other person '

adversely affected relies and the reasons as to why this Order should not have l been issued. Any answer or request for hearing shall be submitted to the  :

Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief. Docketing and Service Branch, Washington, DC 20555. Copies shall also be sent to the Deputy 1

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, NRC Region IV, 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 8064: 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 the criteria set forth in 10 1

CFR 2.714(d). l 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 may, 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

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,V 5- l the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. The motion must state with  !

• l particularity the reasons why the order is not based on adequate evidence and 1 must be accomoanied by affidavits or other evidence relied on. j l

. V l

In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, this Order-shall be final 30 days from the date of this Order without further order or proceedings. If an extension ;

of time for requesting a hearing has been approved, the provisions specified 4

in Part III shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.

VI In lieu of filing an answer to the Order, the Licensee may pay the total amount specified below, within 30 days of the date of this Order. This Order is withdrawn if, within 30 days of the date of this Order, the Licensee pays the total amount specified below:

Amounts Due Calculated Through: April 1,1996 Invoice Amount Late Charges Invoice Date Number Billed Oue Amount Due

1. 8/20/94 AM05814 94 $400.00 $249.05 $649.05

2. 7/22/95 AM05595-95 $400.00 119.75 519.75 Total Amount: $1,168.80

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6-The total amount listed above is a delinquent debt to the United States.

Failure to pay the total amount within 30 days of the date of this Order may, pursuant to 10 CFR Part 15, result in referral of the delinquent debt to a collection agency, referral to the U.S. General Accounting Office or the U.S.

Department of Justice for collection, or other action deemed appropriate.

Pursuant to 10 CFR 15.29, the Commission may not consider an application for a license from the Licensee unless all previous delinquent debts of the Licensee to the NRC, including the delinquent debt (s) 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 penalties and criminal l sanctions.

FOR THE NUCLEAR REGULATORY COMMISSION 1

i /

/W MS l

Ronald M. Scroggins Ou Deputy Chief Financial 1 l Officer / Controller Dated at Rockville, Maryland this/tt/ day off,1996 l

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. .-- - -- --.-. . ~.--._ . - . . . - . . . - - ._ . . - . .

po C54 9 3' UNITED STATES s* g f

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565-0001 [Op ^'( o# y gi

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\ . . . . ,$

+ May 23, 1996 p l

1 MEMORANDUM T0: Multiple Addressees

1. ,I (See Attached List) ,

FROM: Diane B. Dandois, Chief License Fee and Accounts Receivable Branch Division of Accounting and Finance l Office of the Controller .

SUBJECT:

FINAL ACTION - ORDER SUSPENDING LICENSE NO. 15-26501-02 I  ;

\

l On April 12, 1996, an Order Suspending License was issued to Generation 2, \

l Inc. for nonpayment of fee for License No. 15-26501-02, Invoice Nos. 1 l AM05814-94 and AM05595-95. Since 30 days has elapsed, action on the Order is i as indicated below:

i X / License suspended for nonpayment of fee effective May 13, 1996. All requirements of the Order are effective and should be confirmed. The License Fee and Accounts Receivable Branch has entered Status Code 6 in the License Tracking System (LTS) to indicate the license is suspended for nonpayment of fees. Future applications from the licensee should not be processed until all debts are resolved. The debt will be referred to NRC's debt collection contractor. Regions should change the primary program code to the appropriate possession program code, and the old code should become the secondary code. Also change the flag for

" storage only" to Yes.

/ Licensee paid invoice in full, therefore the Order Suspending License is not in effect.

/ Licensee submitted " Good Cause", therefore the Order Suspending License '

is not in effect. Future applications from the licensee, however, should not be processed until all debts are resolved. The debt will be referred to NRC's debt collection contractor as appropriate.

/ Licensee requested a hearing. Request was forwarded to OGC on N/A.

s X / Other: The license has an expiration data of June 30, 1998, and was extended by rulemaking for five years. Registration NR0323D101E (Invoice No. AM5593-95) was also suspended. )

l cc: L. Camper

S. Baggett i

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Addressees - Memorandum Dated May 23, 1996 l

SUBJECT:

FINAL ACTION - ORDER SUSPENDING LICENSE NO. 15-26501-02 l Mail Stop i

! J. Holloway, 06 T-9 F6 l J. Lieberman, OC 0-7 H5 l P. Lohaus, OSP 0-3 D23 l P. Rabideau, OC T-9 D26 L

R. Scroggins, OC T-9 F6 F. Combs, NMSS T-8 F5 i D. Dambly, 0GC 0-15 818

! L. Chandler, 0GC 0-15 B18 L. Callan, RIV RGN IV G. Sanborn, RIV RGN IV B. Spitzberg, RIV RGN IV B. Gruszynski, RIV RGN IV l

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SUBJECT:

ORDER SUSPEEING GENERATION 2. INC. LICENSE E03230101E j DATED: April 12, 1996 bi DJI_STRIBUTION: Y l plj [,ya , v I"/jf OC DAF/ F AR 81 w/ backu I Ma erlafs A(nnuaieebrrespokdenceF'11e PDR w/ copy of backuo /4 >*j License File NR0323D101E w/cy of backup p ,,(V' ,1 l Invoice File AMOSS93-95 w/cy of backup l J g JHolloway. OC kM[/ g #7 i

l OC R/F /q /

JLieberman. OE f,7 A. ' ' p PLohaus. OSP GPangburn. NMSS C g /1 SBaggett. NMSS pai LChandler. OGC DDambly. OGC t r F"'/

LCallan. Regional Administrator. RIV /r GSanborn. Enforcement Coordinator. RIV BSpitzberg RIV l m /u " " W BGruzynski. RIV /

l GJackson. LFARB A LTremper. LFARB L

I LFARB R/F (2)

OC/DAF R/F (DAF-6-000) h i

yy /6M/

1 l

l l (To receive a copy of this documwat,ladicate h the bus.

VS"Y "C" = Copy wuhma scachmerworloare "E" = Copy with anachmes'erriosure "N" = No copy OFFICE ARB R b _

NMSS M LPitchell:lm DDandois -

PRabid S8agge'tI d mMlas db-h umann OFFICE occ

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6 m oodty e /naef RScrM,fn.

DATE 3 /g /96 9 /JV% l 0FF1ClAL REOMD CEPY

[DOCUMEMT NAME: Gener.SSD]

^

1 1

I i

44 e s z2 k s I

t i UNITED STATES NUCLEAR REGULATORY COMMISSION ,

In the Matter of )

) Registration No. NR0323D101E i Generation 2 Inc. ) 1 10580 Barkely, Suite 62 ) l Overland Park KS 66212 )

l l

l ORDER SUSPENDING REGISTRATION l (EFFECTIVE IMMEDIATELY) i l

i I l l Generation 2. Inc. (Registrant) is the holder of Sealed Source / Device l l \

l Registration No. NR0323D101E, issued by the Nuclear Regulatory Commission (NRC

, or Commission) pursuant to 10 CFR Part 32.210. <

I l l II

! Pursuant to 10 CFR 171.16, the Registrant is required to pay an annual fee for l this Registration. In accordance with 10 CFR Part 15, the Registrant was sent / i an original invoice, a second notice, and a final notice requesting payment. 1 The final notice of payment due specifically informed the Registrant that, i "non payment of your fee may result in the revocation of your license in accordance with the enforcement provisions of the Commission's regulations,"

namely, 10 CFR 171.23. To date, the Registrant has not paid as required by 10 CFR Part 171.16(d). -

Delinauent Invoices Invoice Date Invoice Number Amount Billed Comment

1. 7/22/95 AM05593 95 $400.00 FY 1995 Annual Invoice i

III In view of the foregoing and pursuant to Sections 81, 161b, 161c, 1611, 1610.

( 182, and 186 of the Atomic Energy Act of 1954, as amended, and the

! Commission's regulations in 10 CFR 2.202, 171.23, and 10 CFR Part 32, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:

l (11,nRIW/9 NN gy ve - i g.

.- - _=- - .. . - - - - . .-. - - - . ~

t 2

A. Thirty (30) days from the effective date of this Order, Registration

! Approval for Sealed Source / Device Registration Certificate No.

NR0323D101E is inactive and may no longer be used as the basis for commercial distribution of the products listed on the registration.

l l

IV The Registrant must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within thirty (30) days of the date of this Order. The answer shall be in writing and under oath or affirmation, and shall specifically admit or deny l

each allegation or charge made in this Order and set forth the matters of fact and law on which the Registrant or other person adversely 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, ATTN: Chief Docketing and Service Branch, Washington, DC 20555. Copies shall also 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, NRC Region IV, 611. Ryan Plaza Drive, Suite 400, Arlington, TX 76011 8064: and to the Registrant if the answer or hearing request is by a person other than the Registrant. If a person other than the Registrant 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 the criteria set forth in 10 CFR 2.714(d).

i l

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i 3-In lieu of filing an answer to the Order, the Registrant may pay the total amount specified below, within thirty (30) days of the date of this Order.

]

This Order is withdrawn if, within thirty (30) days of the date of this Order, the Registrant pays the total amount specified below:

Amounts Due Calculated Through: April 1, 1996 Invoice Amount late Charges Invoice Date Number Billed Due Amount Due

1. 7/22/95 AM05593 95 $400.00 $119.75 $519.75 Total Amount: $519,75

i. If the Registrant 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.

i V

i . In the absence of any request for hearing, or written approval of an extension 1

J of time in which to request a hearing, this Order shall be final thirty (30) i' days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Part III shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR REQUEST FOR HEARING SHALL NOT I STAY THE IMMED'. ATE EFFECTIVENESS OF THIS ORDER.

J

d 4 l

l VI l i

The total amount listed above is a delinquent debt to the United States.

Failure to pay the total amount within thirty (30) days of the date of this Order may, pursuant to 10 CFR Part 15, result in referral of the delinquent debt to a collection agency, referral to the U.S. General Accounting Office or u the U.S. Department of Justice for collection, or other action deemed appropriate. Pursuant to 10 CFR 15.29. the Commission may not consider an i

application for a Registration from the Registrant unless all previous delinquent debts of the Registrant to the NRC, including the delinquent debt (s) identified in this Order, have been paid in full. In addition.

l failure to meet the requirements of this Order may subject the Registrant and its agents to civil penalties and criminal sanctions.

l l

l FOR THE NUCLEAR REGULATORY COMMISSION WJWI/

Ronald H. Scroggins W W ,

l Deputy Chief Financial l Officer / Controller l

l Dated at Rockville, Maryland this /14 day of p ,1996 gt) +

n -

1 GAS Hog y

. 3* . UNITED STATES j '##

j NUCLEAR REGULATORY COMMISSION ,

o ,f WASHINGTON. D.C. 201 %.0001

• / ,-

s

%q

.,,,. 'uy 23. 596 ,- y

/

s MEMORANDUM T0: Multiple Addressees ,l.

(See Attached List) ,

4 FROM: Diane B. Dandois, Chief ^

License fee and Accounts Receivable Branch

'; Division of Accounting and Finance Office af the Controller j

SUBJECT:

FINAL ACTION - ORDER SUSPENDING LICENSE NO. 15-26501-02 i

a On April 12, 1996, an Order Suspending License was issued to Generation 2, Inc. for nonpayment of fee for License No. 15-26501-02, Invoice Nos. l AM05814-94 and AM05595-95. Since 30 days has elapsed, action on the Order is 1 as indicated below:

3 X / License suspended for nonpayment of fee effective May 13, 1996. All i requirements of the Order are effective and should be confirmed. The License Fee and Accounts Receivable Branch has entered Status Code 6 in the License Tracking System (LTS) to indicate the license is suspended for nonpayment of fees. Future applications from the licensee should not be processed until all debts are resolved. The debt will be referred to NRC's debt collection contractor. Regions should change the primary program code to the appropriate possession program code, and the i old code should become the secondary code. Also change the flag for ,

. " storage only" to Yes.

.i / Licensee paid invoice in full, therefore the Order Suspending License is j 4

not in effect. ,

/ Licensee submitted " Good Cause", therefore the Order Suspending License ,

is not in effect. Future applications from the licensee, however, l should not be processed until all debts are resolved. The debt will be i

referred sto NRC's debt collection contractor as appropriate.

/ Licensee requested a hearing. Request was forwarded to OGC on N/A.

X / Other: The license has an v piration date of June 30, 1998, and was extended by rulemaking for five years. Registration d <(

NR03230101E (Invoice No. AM5593-95) was also suspended. >

cc: L. Camper e 50 Baggett 1

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. Addressees - Memorandum Dated May 23. 1996 i

SUBJECT:

FINAL ACTION - ORDER SUSPENDING LICENSE NO. 15-26501-02 Mail Stoo J. Holloway, OC T-9 F6 J. Lieberman, OC 0-7 H5 P. Lohaus, OSP 0-3 023 P. Rabideau, OC T-9 026 -

R. Scroggins, OC T-9 F6  !

F. Combs, NHSS T-8 F5 l D. Dambly, OGC 0-15 818 L. Chandler, OGC 0-15 B18 l L. Callan, RIV RGN IV G. Sanborn, RIV RGN IV l B. Spitzberg, RI'l RGN IV I B. Gruszynski, RIV ,

RGN IV I l

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SUBJECT:

ORDER SUSPENDING GENERATION 2. INC. LICENSE

, DI D BUT'Oh. DATED: Apr: 1 12, 1996 l OC/DAF/SF ( AR 8.t) w/cv backun Mater!als Annual Fee Ccerespondence File PDR w/, copy of backup License File 15-26501-02 w/cy of backup Invoice File AM05814-94. AM05595-95 w/cy of backup l JHolloway. OC l OC R/F JLieberman. OE l

PLohaus. OSP GPangburn NMSS LChandler. OGC DDambly. OGC LCallan Regional Administrator RIV GSanborn. Enforcement Coordinator. RIV BSpitzberg. RIV BGruzynski. RIV GJackson. LFARB LTremper. LFARB OC/DAF R/F [nac-6-000) w . m =

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OFFICIAL RECtW) CWY o!+

DOCUMEMT NAME: G:\Gener.Ord l

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.vATERIAL  : CENSE TEPMIMTION/ RETIRE.uEN~ FORM ITo be completed only y Headcuarters Section Leader or person authcrized to sign licenses) l LICENSEE NAME Generation 2. Inc. LICENSE NO. 15-23776-01E ADDRESS Overland Park. KS C0CXET NO. 030-31781 l l

l l EXPIRATION DATE 09/30/95 I

l LICENSE IS EXP!REO XXX BEING TERMINATED _ ,

Basis for oeentomtooey/ retirement:

1. Superseded by License No.

l Transfer documents to new license folder. Date Transferred By__

2. Other Licensee has refused attempted contact by IMAB staff.

l Licensee's possession license only (15-26501-02) and registration certificate (NR0323D101E) have both been suspended for nonpayment of fees, effective 5/13/96. '

AuthorizedSignat$re )

4' MW DATE 07/////96 BY Susan L. Gre ,

bd /A '

NMSS/IMttS/]MAB I

! ACTION BY IRM: ACTION BY IM08: '-

Retire old license. Change status in computer. .

Status changed to 04 n 07/M /96 0 05008,3 by Carolyn Boyle vM. -.

DISTRIBUTION:

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SegionLicensing la p % ef du.Section s bec % g ji Q(pl ,j

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UNITED STATES NUCLEAR REGULATORY COMMISSION

. In the Matter of )

) Docket No. 030 33103 Generation 2. Inc. ) License No. 15 26501 02 10580 Barkely Suite 62 )

Overland Park. KS 66212 )

l i

ORDER SUSPENDING LICENSE l (EFFECTIVE IMMEDIATELY) j I

Generation 2. Inc. (Licensee) is the holder of Materials License No. 15 26501-02, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to the Atomic Energy Act of 1954, as amended, that authorizes the activities stated therein. The license has an expiration date of June 30, 1998.

1 JI Pursuant to 10 CFR 171.16. the Licensee is required to pay an annual fee for this license. In accordance with 10 CFR Part 15. the Licensee was sent an original invoice. a second notice, and a final notice requesting payment. The final notice of payment due specifically informed the Licensee that, "non-payment of your fee may result in the revocation of your license in accordance with the enforcement provisions of the Commission's regulations," namely,10 CFR 171.23. To date, the annual fee (s) listed below have not been paid as required by 10 CFR Part 171.

Delincuent Invoices Invoice Date Jnvoice Number Amount Billed Comment

1. 8/20/94 AM05814 94 $400.00 FY 1994 Annual Invoice

2. 7/22/95 AM05595 95 $400.00 FY 1995 Annual Invoice NO C

A"Ob N $30$$$o3 PDR 7Pk

9 2

III I l

Based on the above. I have concluded that the Licensee has willfully violated l NRC requirements. In addition, prior notice of the violation and an  ;

opportunity to achieve compliance was provided. Therefore, pursuant to 10 CFR )

i 2.202. I find that the violation requires that this Order be immediately l effective. In view of the foregoing and pursuant to Sections 81,161b 161c, 161i, 1610, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the l Commission's regulations in 10 CFR 2.202, 170.41, 171.23 and 10 CFR Part 30.

IT IS HEREBY ORDERED EFFECTIVE IMMEDIATELY. THAT:

A. License No. 15 26501 02 is suspended with respect to receipt and use of licensed nuclear materials: the license remains in effect with respect to the possession, transfer, and storage of licensed nuclear material remaining in the Licensee's possession, as contamination or in other forms, until the Commission notifies the Licensee in writing that the License is terminated:

B. Until notified by the Commission in writing that the License is terminated, the Licensee shall:

1. restrict activity involving licensed nuclear material to decomissioning and safe, secure storage or transfer of ma erial:

and l

2. continue to control entry into restricted areas until the Licensee has determined and NRC has confirmed that such areas are suitable for release for unrestricted use:

C. The Licensee shall dispose of any licensed nuclear material, acquired or possessed under the authority of License No. 15-26501 02, and shall take all actions required by 10 CFR 30.36:

4 4

D. Within 30 days from tehe date of this Order. if the Licensee manufactures, distributes, or provides services to other licensees, the Licensee must notify. in writing, each customer or client that authorization to provide any of these services has been suspended.

Furthermore, the Licensee must notify its customers and clients that they may need to amend their licenses to be in compliance with NRC requirements if their license specifically states reliance on the service of the Licensee. The Licensee must provide the Regional Administrator for NRC Region IV at 611 Ryan Plaza Drive Suite 400 Arlington. TX 76011 8064 evidence of the notification and a list of customers or clients notified:

E. The License shall be terminated upon satisfaction of the requirements of 10 CFR 30.36. s The Deputy Chief Financial Officer / Controller may relax or rescind, in writing, any of the above conditions upon a showing by the Licensee of good cause. A request for relaxation of the above conditions shall be submitted to the Deputy Chief Financial Officer / Controller, with a copy to the Regional Administrator, in writing and under oath or affirmation.

IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within 30 days of the date of this Order.

Where good cause is shown, consideration will be given to extending the time  !

to request a hearing. A request for extension of time must be made in writing )

i to the Controller, and include a statement of good cause for the extension, j

)

i

4 The answer shall be in writing and under oath or affirmation. and shall specifically admit or deny each allegation or charge made in this Order and set forth the matters of fact and law on which the Licensee or other person adversely 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, ATTN: Chief. Docketing and Service Branch, Washington, DC 20555. Copies shall also 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, NRC Region IV, )

611 Ryan Plaza Drive, Suite 400 Arlington. TX 76011 8064: 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 the criteria set forth in 10 CFR 2.714(d).

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 l 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 may, 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 i

. . . . . - -- . ---. - - . - , ~ . - . - - - - - - -.. - _ . . . . - . . - -

.s.

the need for 1mmediate 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 avidence and must be accompanied by affidavits or other evidence relied on.

1 V

l In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, this Order shall be final 30 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Part III shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.

VI In lieu of filing an answer to the Order, the Licensee may pay the total amount specified below, within 30 days of the date of this Order. This Order is withdrawn if, within 30 days of the date of this Order, the Licensee pays the total amount specified below:

Amounts Due Calculated Through: April 1. 1996 Invoice Amount Late Charges Invoice Date Number Billed Due Amount Due

1. 8/20/94 AM05814 94 $400.00 $249.05 $649.05

2. 7/22/95 AM05595-95 $400.00 119.75 519.75 Total Amount: $1,168.80 l

i J .

1 6-l

The total amount listed above is a delinquent deot to the United States.

1 i Failure to pay the total amount within 30 days of the date of this Order may, i

! pursuant to 10 CFR Part 15. result in referral of the delinquent debt to a

{ collection agency, referral to the U.S. General Accounting Office or the U.S.

Department of Justice for collection, or other action deemed appropriate.

Pursuant to 10 CFR 1:.29 the Commission may not consider an applicatica for a i

' license from the Licensee unless all previous delinquent debts of the Licensee to the NRC, including the delinquent debt (s) identified in this Order, have j been paid insfull. In addition, failure to most the requirements of this l l Order may subject the Licensee and its agents to civil penalties and criminal ,

i j sanctions. l i

j FOR THE NUCLEAR REGULATORY COMMISSION 1

/

0 W WA

! Ronald M. Scroggins (;/

4 Deputy Chief Financial Officer / Controller i

i Dated at Rockville, Maryland i

this/ts' day of f.1996 O

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SUBJECT:

ORDER SUSPENDING GENERATION 2. INC. LICENSE NR03230101E DAV_D: .A n t . 12. 1o96 ,

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Matenafs Annuaf ree Lorres0cncence e -

POR a/ccCy of Dackuo ,.

License File NR03230101E a.c< :f cac(up , > ' - ':

Invoice File AM05593-95 alc.. of backoo .P ,

JHolloway. OC s.

OC R/F / 7/

JLieberman. OE f ,.7 ..

PLohaus. OSP GPangburn. NMSS ( 7# ' /, ~

SBaggett. NMSS poi .

LChandler. OGC  ;

00ambly. 0GC LCallan. Regional Administrator. RIV /b' g r 8'" /

GSanborn. Enforcement Coordinator. RIV ~~",

BSpitzberg. RIV ' _ /o '

BGruzynski.RIV GJackson. LFARB f z/4"/'

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LTremper. LFARB /

LFARB R/F (2) }.1 f 4 OC/DAF R/F (DAF-6-000) l gt /800l m_ . - - - v . c- ~_-

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__ . . _ _ _ _ _ _ . ._. . . . _ _ _ _ . _ __ __ ~ . _ _ __

l i

I UNITED STATES l NUCLEAR REGilLATORY COMMISSION i

l In the Matter of )

l ) Registration No. NR0323D101E

Generation 2. Inc. )

10580 Barkely. Suite 62 )

Overland Park. KS 66212 )

l ORDER SUSPENDING REGISTRATION (EFFECTIVE IMMEDIATELY)

I Generation 2. Inc. (Registrant) is the holder of Sealed Source / Device i

Registration No. NR03230101E. issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 32.210.

11 Pursuant to 10 CFR 171.16. the Registrant is required to pay an annual fee for this Registration. In accordance with 10 CFR Part 15 the Registrant was sent  !

an original invoice, a second notice, and a final notice requesting payment.

The final notice of payment due specifically inforr.ed the Registrant that, "non payment of your fee may result in the revocation of your license in accordance with the enforcement provisions of the Commission's regulations," ,

1 namely,10 CFR 171.23. To date, the Registrant has not paid as required by 10 1 CFR Part 171.16(d).

Delinouent Invoices Invoice Date Invoice Number Amount Billed Comment

1. 7/22/95 AM05593 95 $400.00 FY 1995 Annual Invoice III l In view of the foregoing and pursuant to Sections 81, 161b. 161c. 161i, 161o.

l 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202. 171.23, and 10 CFR Part 32. IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT:

" ' ^

_ ~ _ _ ._ _ _ _ _ .__ . _ . . _ _ . . _ _ . __ __ ___ _.

2 A. Thirty (30) days from the effective date of this Order. Registration Approval for Sealed Source / Device Registration Certificate No.

NR0323D101E is inactive and may no longer be used as the basis for commercial distribution of the products listed on the registration.

l IV i

The Registrant trust, and any other person adversely affected by this Order may. submit an answer to this Order and may request a hearing on this Order, within thirty (30) days of the date of this Order. The answer shall be in

]

writing and under oath or affirmation, and shall specifically admit or deny each allegation or charge made in this Order and set forth the matters of fact l and law on which the Registrant or other person adversely affected relies and i the reasons as to why this Order should not have been issued. Any answer or requbst for hearing shall be submitted to the Secretary, U.S. Nuclear ' -

1

' 1 Regulatory Commission. ATTN: Chief. Docketing and Service Branch, Washington, DC 20555. Copies shall also be sent to the Deputy Chief Financial l

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, NRC Region IV, 611 Ryan Plaza Drive, l Suite 400, Arlington, TX 76011 8064: and to the Registrant if the answer or hearing request is by a person other than the Registrant. If a person other i than the Registrant requests a hearing, that person shall set forth with l

particularity the manner in which his or her interest is adversely affected by l this Order and shall address the criteria set forth in 10 CFR 2.714(d).

i

o -

o 3

In lieu of filing an answer to the Order tne Registrant may pay the total amount specified below, within thirty (30) days of the date of this Order.

This Order is withdrawn if. within thirty (30) days of the date of this Order, the Registrant pays the total amount specified below:

Amounts Due Calculated Through: April 1. 1996 Invoice Amount late Charges Invoice Date Number Billed Due Amount Due

1. 7/22/95 AM05593 95 $400.00 $119.75 $519.75 Total Amount: $519.75 If the Registrant 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.

V

. In the absence of any request for hearing, or written approval of an extension o.' time in which to request a hearing, this Order snall be final thirty (30) days from the date of this Order without further order or proceedings. If an l

extension of time for requesting a hearing has been approved, the provisions specified in Part III shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.

3 i

l l

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

e 4

VI The total amount listed above is a delinquent debt to the United States.

Failure to pay the total amount within thirty (30) days of the date of this Order may, pursuant to 10 CFR Part 15, result in referral of the delinquent debt to a collection agency, referral to the U.S. General Accounting Office or the U.S. Department of Justice for collection, or other action deemed

~

appropriate. Pursuant to 10 CFR 15.29, the Commission may not consider an application for a Registration from the Registrant unless all previous delinquent debts of the Registrant to the NRC, including the delinquent debt (s) identified in this Order, have been paid in full. In addition, failure to meet the requirements of this Order may subject the Registrant and its agents to civil penalties and criminal sanctions.

FOR THE NUCLEAR REGULATORY COMMISSION WW Ronald M. Scroggins W Deputy Chief Financial Officer / Controller Dated at Rockville Maryland A

this /t4 day of p ,1996 g l

l

. . - - \