ML20206F261
| ML20206F261 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/1999 |
| From: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Feldman R THERMAL SCIENCE, INC. |
| Shared Package | |
| ML20206F265 | List: |
| References | |
| REF-QA-99901226 EA-95-009, EA-95-9, NUDOCS 9905060058 | |
| Download: ML20206F261 (2) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30eeH001 May 3, 1999 EA 95-009 Thermal Science, Inc.
ATTN: Mr. Rubin Feldman President 2200 Cassens Drive St. Louiso, Missouri 63026
SUBJECT:
ORDER IMPOSING CIVIL MONETARY PENALTIES - $900,000
Dear Mr. Feldman:
This refers to your letter dated July 7,1998, in response to the Notice of Vic,lation and Proposed imposition of Civil Penalties - $900,000 (Notice) sent to you by our letter dated October 1,1996. Our letter and Notice described nine violations each of which consisted of one or more statements made to the U.S. Nuclear Regulatory Commission (NRC) by Thermal Science, Inc., (TSI) which were either inaccurate or incomplete concerning the quality and testing of Thermo-lag material used by licensees to meet Commission requirements.
In your response, you provided two legal objections to the Notice. 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, you denied all nine violations described in the Notice.
After consideration of your response, we have concluded for the reasons given in the Appendix attached to the enclosed Order imposing Civil Monetary Penalties that the civil penalties were assessed with!n the NRC's statutory authority, that imposition of the civil penalties does not violate the Double Jeopardy Clause of the United States Constitution, and that the violations occurred as stated in the Notice. Accordingly, we hereby serve the enclosed Order on TSI imposing a civil monetary penalty in the amount of $900,000. This Orderis being issued to emphasize the importance of providing NRC cnmplete and accurate information.
As provided in Section IV of the enclosed Order, payment should be made within 30 days in f
accordance with NUREG/BR-0254. In addition, at the time payment is made, a statement indicating when and by what method payment was made, is to be mailed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738.
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y if you have any questions conceming this order, please contact James Lieberman, Director, Office of Enforcement. He can be reached at 301-415-2741.
9905060058 990503 PDR GA999 EECTMALS
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in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice", a copy of this letter and the enclosures will be placed in the NRC's Public Document Room.
Sincerely, kE) ~ v-
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William D. Travers Executive Director for Operations
Enclosures:
- 1. Order imposing Civil Monetary Penalty
- 2. NUREG/BR-0254 Payment Methods 4
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