ML20196K361
| ML20196K361 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/1999 |
| From: | Lieberman J, Nader Mamish NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| REF-QA-99901226, REF-QA-999901226 99901226, EA-95-009, EA-95-9, EN-96-074A, EN-96-74A, NUDOCS 9907080298 | |
| Download: ML20196K361 (1) | |
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May 3,1999 EN 96-074A OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:
Thermal Science, Inc.
(EA 95-009)
St. Louis, Missouri
Subject:
ORDER IMPOSING CIVIL PENALTIES - $900,000 By EN 96-074, dated October 1,1996, the staff informed the Commission of its intent to issue a Notice of Violation and Proposed imposition of Civil Penalty (Notice) in the amount of $900,000 to Thermal Science, Inc., (TSI). This action is based on nine Severity Level I violations involving repeat deliberate failures to provide complete and accurate information to the NRC concerning TSl's fire endurance and ampacity testing programs for Thermo-Lag fire barriers.
TSI responded to the Notice in a letter dated July 7,1998. In its response, TSI protested the civil penalties on two legal grounds. Specifically: (1) NRC lacks authority to impose a civil penalty on a non-licensee like TSl; and (2) NRC's administrative proceeding is criminal rather than civil, and thus violates the Double Jeopardy Clause of the United States Constitution. In addition, TSI denied all nine violations described in the Notice. After careful consideration of TSI's response, the staff has concluded that the civil penalties were proposed within the NRC's statutory authority, that the violations occurred as stated in the Notice, and that TSI has not provided a basis for withdrawal or mitigation of the civil penalties.
An Order Imposing Civil Monetary Penalties in the Amount of $900,000 is being issued today Under the terms of the Order, the licenses may, within 30 days of the date of the Order, pay the civil penalties or request a hearing.
1 Contacts: N. Mamish, OE, 415-2740 J. Lieberman, OE, 415-2741 Distribution Regional Offices OWFN OWFN TWFN
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