ML20138M141
| ML20138M141 | |
| Person / Time | |
|---|---|
| Site: | 15000030 |
| Issue date: | 12/30/1996 |
| From: | Delmedico J, Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| EA-96-447, EN-96-101, NUDOCS 9702250277 | |
| Download: ML20138M141 (1) | |
Text
_. _
December 30, 1996 EN 96-101 i
0FFICE OF ENFORCEMENT j
NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:
Testing Laboratories, Inc. (EA 96-447)
Alamogordo. New Mexico
)
Docket No. 150-00030 (New Mexico licensee)
Subiect:
PROPOSED IMPOSITION OF CIVIL PENALTY - $2.500 l
This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $2.500 will be issued on or about January 6. 1997. to Testing Laboratories. Inc.. a state of New Mexico licensee j
which uses portable moisture / density gauges. This action is based on Testing Laboratories. Inc. using gauges in areas of exclusive federal jurisdiction without 3 roper authorization from the NRC.
Based on previous correspondence between 1RC and the licensee regarding the need to obtain NRC authorization before conducting activities in exclusive Federal jurisdiction, the staff has concluded that the violation resulted from at least careless disregard for the applicable requirements.
Because there was willfulness involved, i.e.. careless disregard, the staff considered whether credit was warranted for identification and corrective i
action.
Credit was not warranted for identification because the violation was identified by the NRC.
Credit was warranted for corrective actions, which included prompt steps to come into compliance and longer term actions to l
prevent a recurrence once NRC identified the violation. Thus, a civil penalty at the base value is being assessed.
It should be noted that the licensee has not been specifically informed of the i
enforcement action. The schedule of issuance and notification is:
1 Mailing of Notice January 6, 1997 Telephone Notification of Licensee January 6. 1997 i
The State of New Mexico will be notified.
i The licensee has thirty days from the date of the Notice in which to respond.
l Following NRC evaluation of the response, the civil penalty may be remitted.
mitigated, or imposed by Order.
Coritacts:
J. De1 Medico. OE. 415-2739 J. Lieberman. OE. 415-2741 Distribution i
OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV i
Comm. Rogers DEDR AEOD RII WCF0 I
i Comm. Dicus DEDS OP CTR RIII Comm. Diaz OE NMSS i
Comm. McGaffigan 0GC IRM MAIL 4
SECY NRR OIG NUDOCS OCA 01 RES PUBLIC PA SP ACRS IP PRELIMINARY INFORMATION NOT FOR PUBLIC DISCLOSURE UNTIL l
VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 9702250277 961230 PDR I&E O
EN-96-101 PDR
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