ML20217P845

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $2,500.Violation Noted:Licensee of State of Il, Used Millicurie Quantities of Cs-137 & Am-241 to Perform Density Activities within States of Wi & in W/O Filing

ML20217P845
Person / Time
Issue date:	08/22/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20217P831	List: ML20217P826 ML20217P845
References
EA-97-237, NUDOCS 9708290016
Download: ML20217P845 (2)

Text

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NOTICE OF VIOLATION -

AND PROPOSED IMPOSITION OF civil PENALTY -

H. H. Holrnes Testing Laboratories, Inc. Docket No. 150-00012 Wheeling, Illinois License No. IL-01828 EA 97 237 During an NRC investigation conducted on July 29,1996 through April 25,1997, a violation of NRC requirements was identified in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1600, the NRC proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as araended (Act),42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

10 CFR 30.3 requires, in part, that no person shall possess or use byproduct material except as authorized by a specific or genera' license issued by the NRC.

10 CFR 150.20(a) provides, in part, that any person who holds a specific license from an Agreement State is granted en NRC general license to conduct the same activity in Non Agreement States subject to the provisions of 10 CFR 150.20(b).

10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non-Agreement States shall, at least 3 days before engaging in such activity, file 4 copies of NRC Form 241, " Report of Proposed Activities in Non-Agreement States",

with the Regional Administrator of the appropriate NRC regional office.

Contrary to the above, on multiple occasions between September 1992 and December 1996, H. H. Hr,lmes Testing Laboratories, Inc., a licensee of the State of Illinois (an Agreement State), used millicurie quantitles of Cesium-137 and Americium 241 to perform moisture density activities within the States of Wisconsin and Indiana (non Agreement States) without filing Form 241 with the NRC as required. (01012)

This is a Severity Levellil violation (Supplement VI).

Civil Penalty - $2,500.

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full compliance was achieved is already adequately addressed on the docket in a letter from the Licensee dated June 13,1997. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position, in that case or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it to the U.S, Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20055 with a copy to the Regional Administrator, Region lll within 30 days of the date of the letter transmitting this Notice.

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Notice of Violation and 2-Proposed imposition of Civil Penalty The Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition cf the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fall to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in eccordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation (s) listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed, in addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the f actors addressed in Section VI.B.2 of the Enforcement Niicy should be addressed. Any written answer in accordance with 10 '

CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon feiture to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

The response noted above, letter with payment of civil penalty, should be addressed to:

James Lieberman, Director Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852 2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region Ill.

Decause your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable responso, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you E911 specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withhold-ing (e.g., explain why the disclosure of information will create an unwarranted invasion of

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--Notice of Violation and - '

Proposed Imposition of.

Civil Penalty ,

personal privacy or provide the information required by 10 CFR 2,790(b) to support a request for withholding confidential commercial or financialinformation), if safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

- Dated'at Lisle, Illin' ois this day of August 1997 4

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