ML20247H861
| ML20247H861 | |
| Person / Time | |
|---|---|
| Issue date: | 05/23/1989 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20247H782 | List: |
| References | |
| 30-11906-88-02, 30-11906-88-2, EA-88-313, NUDOCS 8905310350 | |
| Download: ML20247H861 (2) | |
Text
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7 NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Professional Service Industries, Inc.
Docket No.
030-11906 Lombard, Illinois License No.
12-16941-01 EA 88-313 During an NRC inspection conducted on November 30 and December 7-8, 1988 a violation of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C 2282, and 10 CFR 2.205.
The particular violation and associated civil penalty is set forth below:
10 CFR 20.207(b) requires that licensed materials in an unrestricted area and.
not ir storage be tended under the constant surveillance and immediate control of the licensee.
Contrary to the above, on November 18, 1988, an unsecured Campbell-Pacific j
moisture-density gauge containing a nominal 10 millicurie cesium-137 sealed source and a 50 millicurie americium-241 sealed source was left by the licensee in the back of an open bed pickup truck in an unrestricted area and the licensed material was not in storage and was not under the constant surveillance and immediate control of the licensee.
This is a repeat violation.
This is a Severity Level II violation (Supplement IV).
Civil Penalty - $20,000 Pursuant to the provisions of 10 CFR 2.201, Professional Service Industries, Inc. (Licensee), is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice.
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted; (3) the corrective actions that have been taken l
and the results achieved; (4) the corrective actions that will be taken to l
avoid further violations; and (5) the date when full cocpliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an Order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or af firmation.
8905310300 890523 REG 3 LIC30 12-16941-01 PDC
t Within the same time as provided for the response required under 10 CFR 2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of 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 fail to answer within the time specified, an Order imposing the civil penalty will be issued.
Should the-Licensee elect to file an answer in accordance 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 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 factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988), 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 4
the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provision 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 responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region III, U.S.
Nuclear Regulatory Commission, 799 Roosevelt Road, Glen Ellyn, Illinois 60137.
FOR THE NUCLEAR REGULATORY COMMISSION
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A. Bert Davis Regional Administrator Glen Ellyn, Illinois DatedajdayofMay1989 this73 2
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