ML20148A004
| ML20148A004 | |
| Person / Time | |
|---|---|
| Issue date: | 12/07/1978 |
| From: | Lieberman J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7812280181 | |
| Download: ML20148A004 (4) | |
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e FORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
.m tne Matter of Radiation Technology, Inc.
Byproduct Material' License Lake Denmark Road No. 29-13613-02 Rockaway, New Jersey 07866 NRC STAFF EXCEPTIONS TO INITIAL DECISION AFFIRMING THE IMPOSITION OF CIVIL PENALTIES IN THE AMOUNT OF $3,300.00 On November 24, 1978 the Administrative Law Judge issued his
" Initial Decision Affirming the Imposition of Civil Penalties in the Amount of $3,300" (Initial Decision).
In accordance with 10 CFR 2.762 of the Commission's regulations, the Staff files the following exceptions to this Initial Decision.
Exception 1 The Administrative Law Judge erred by failing to consider the complete citation in reaching his decision concerning item of non-compliance number 4.
(Initial Decision at 27, lines 1-5).
The Administrative Law Judge considered only part a. of item of non-compliance number 4 which involved a container with an alleged reading of 95 mR/hr. He failed to consider part b. of the citation which involved a drum allegedly reading 40 mR/hr (Initial Decision at 7). As a consequence, the Administrative Law Judge erroneously concluded that there was not reasonable, probative and substantial evidence to support citation 4 and the associated civil 781228 o/1/
penalty (Initial Decision at 27, lines 7-10).
Exception 2 The Administrative Law Judge erred by failing to consider the complete citation in reaching his decision concerning item of non-compliance number 5.
(InitialDecisionat27,line17,at28, lines 1-4, at 28,11nes 17-23). The Administrative Law Judge in considering item of noncompliance 5 only referred to the radioactive material described in item of noncompliance 4a and not the radioactive material described in item of noncompliance 4b. As a consequence, the Administrative Law Judge erroneously concluded that there was not reasonable, probative and substantial evidence to support citation 5 and the associated civil penalty (Initial Decision at 29, line 19, at 30, lines 1-3).
Exception 3 The Administrative Law Judge erred in interpreting 10 CFR 20.207 of the Commission's Regulations by concluding that " constant surveillance and immediate control" means " general control" (Initial Decision at 29, lines 2-4).
As a consequence the Administrative Law Judge erroneously concluded that there was not probative and substantial evidence to support citation 5 and the associated civil penal ty.
(Initial Decision at 29, line 19, at 30, lines 1-3).
. Exception 4 The Administrative Law Judge erred by concluding that the existing " controls over the place and the personnel pennissible in the area operate to prevent unauthorized removal of the radio-active material from the place of storage."
(Initial Decision at 29, lines 12-15). As a consequence the Administrative Law Judge erroneously concluded that there was not reasonable, probative and substantial evidence to support citation 5 and the associated civil penalty (Initial Decision at 29, line 19, at 30, lines 1-3).
Respectfully submitted, k%'
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dames Lieberman Counsel for NRC Staff Dated at Bethesda, Maryland this 7th day of December,1978.
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UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD l
In the Matter of-Radiation Technology, Inc.
Byproduct Material License Lake Denmark Road:
No. 29-13613-02 Rockaway, New Jersey 07866.
' CERTIFICATE OF SERVICE I.hereby certify that copies of NRC STAFF EXCEPTIONS TO INITIAL DECISION AFFIRMING THE IMPOSITION OF CIVIL PENALTIES IN THE AMOUNT'0F $3,300.00 in the above-captioned proceeding have been' served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the-Nuclear Regulatory Commission's internal mail system, this 7th day of December, 1978.
Hon. Samuel W. Jensch Docketing'and Service Section Chief Administrative Law Judge-Office of the Secretary.
O.S. Nuclear Regulatory Commission U.S.. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C. 20555 Dr. Martin A. Welt, President-Atomic Safety' & Licensing Board Panel * (1}
Radiation Technology, Inc.
U.S. Nuclear Regulatory Commission Lake Denmark Road Washington, D.C. 20555 Rockaway, New Jersey 07866 Atomic' Safety & Licensing Appeal Panel (5l Atomic Safety & Licensing Appeal Board (3)
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory' Commission Washington, D.C. 20555 Washington, D.C. 20555 l
YN th 1A James Lieberman Co Jnsel for NRC Staff
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