ML20195C559
| ML20195C559 | |
| Person / Time | |
|---|---|
| Issue date: | 07/27/1998 |
| From: | Delmedico J, Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| EA-98-082, EA-98-82, EN-98-055, EN-98-55, SECY-98-108-C, NUDOCS 9811170149 | |
| Download: ML20195C559 (1) | |
Text
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July 27,1998 EN 98-055 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:
Envirocare of Utah, Inc.
(EA 98-082)
American Towers Commercial 46 West Broadway, Suite 240 Salt Lake city, Utah 84101
Subject:
EXERCISE OF ENFORCEMENT DISCRETION This is to inform the Commission that the staff intends to exercise enforcement discretion per Section Vll.B.6 of the Enforcement Policy and not propose a civil penalty for a Severity Level ll1 violation that involves possession of more than 350 grams of special nuclaar material (SNM). A Notice of Violation will be sent to Envirocare on or about August 3,1998.
The maximum quantity of SNM that may be possessed by an Agreement State licensee without a specific license issued by NRC is 350 grams. The nature of the SNM wastes received for disposal at Envirocare's facility do not present a potential for criticality.
However, the violation was determined to represent carelese disregard because an Envirocare official had been advised by an NRC official that Envirocare must consider undisposed mobile waste containing SNM in its possession limit. The State of Utah also took enforcement action for exceeding the possession limit, because it is a violation of the State license as well. According to the terms of a Stipulation and Consent Order entered into with the State of Utah, Envirocare agreed to pay an $80,000 civil penalty, as well as an additional $20,000 penalty if SNM possession limits are exceeded within one year of the 1
agreement. Because a significant civil penalty was assessed for the violation by the State, the staff intends to exercise enforcement discretion not to assess an additional civil penalty consistent with the Enforcement Policy,Section VI. The Commission was informed of the staff's intent to exercise enforcement discretion in this case in SECY-98-108.
It shaald be noted that the licensee has not been specifically informed of the enforcement j
action. The schedule of issuance and notification is:
Mailing of Notice August 3,1998 Telephone Notification of Licensee August 3,1998 The State of Utah will be notified.
Contacts: J. DelMedico, OE, 415-2739 J. Lieberman, OE, 415-2741 Distribution:
OWFN OWFN TWFN Regional Offices i
Chairman Jackson EDO OC RI RIV Comm. Dieus DEDE AEOD Ril WCFO Comm. Diaz OE OP CTR Rlil Comm. McGaffigan OGC NMSS SECY NRR 1RM Mall OCA 01 OlG NUDOCS
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PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTil VERIFICATION THAT LICENSEE HAS RECEIVED ACTION e.
/ Ck 9811170149 900727
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