ML20149F464

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EN-97-059:on 970701,notice of Proposed Imposition of Civil Penalty in Amount of $2,750 Issued to Licensee.Action Based on Severity Level III Violation Involving Numerous Failures, in Careless Disregard to Commission Requirements
ML20149F464
Person / Time
Issue date: 06/26/1997
From: Delmedico J, Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-193, EN-97-059, EN-97-59, NUDOCS 9707220201
Download: ML20149F464 (1)


Text

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1 June 26, 1997 EN 97-059 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION 3

Licensee:

Hagerstown Construction Services. Inc.

(EA 97-193)

Hagerstown. Maryland Docket No. 150-00019 i~

' Sub.iect:

PROPOSED IMPOSITION OF CIVIL PENALTY - $2.750 This is to' inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount of $2.750 will be issued on or about July 1. 1997, to Hagerstown Construction Services. Inc.. Hagerstown, n

Maryland. This action is based on a Severity Level III violation involving numerous failures, in careless disregard to Commission requirements, to file NRC Form 241 for work involving moisture density gauges performed under an Agreement State license in States where NRC has licensing authority.

The failure to file Form 241 resulted in NRC being unaware, for an extended period of time.>that licensed activities were. being conducted in NRC jurisdiction.

Because the violation is considered willful, consideration was given as to whether credit was warranted for Identification or Corrective action.

Credit for identification is not warranted because the NRC identified the violation.

Credit for corrective action is warranted because the company took immediate action to restore compliance once the violation was identified, and applied for an NRC license as a long term corrective action. This assessment resulted

.in the proposed civil penalty amount of $2.750.

It should be noted that the company has not been specifically informed of the enforcement action. The schedule for issuance and notification is:

Mailing of Notice July 1, 1997

' Telephone Notification of Licensee July 1, 1997 The State of Maryland will be notified.

The company has thirty days from the date of the Notice in which to respond.

Following NRC evaluation of the response, the civil penalty may be remitted, mitigated, or~ imposed by Order.

Contacts:

J. DelMedico. OE. 415-2739 J.'Lieberman. OE. 415-2741 Distribution OWFN OWFN TWFN Regional Offices j

Chairman Jackson EDO OC RI RIV Comm. Rogers DEDR AEOD RII WCFO

.Comm. Dicus DEDO OP CTR RIII Comm. Diaz OE NMSS

-Comm. McGaffigan OGC IRM-IBIL SECY NRR OIG NUDOCS OCA 01 RES PUBLIC PA SP ACRS IP PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 9707220201 970626' d

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