ML20249A343

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Forwards Order Imposing Civil Monetary Penalty of $2,750 Re 980422 & 23 Ltrs in Response to Notice of Violation
ML20249A343
Person / Time
Site: 15000016
Issue date: 06/15/1998
From: Thadani A
NRC
To: Vandevelde J
AFFILIATION NOT ASSIGNED
Shared Package
ML20249A344 List:
References
EA-98-021, EA-98-21, NUDOCS 9806160330
Download: ML20249A343 (2)


Text

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June 15, 1998 EA 98-021' uround Engineering and Testing Service, Inc,

' ATTN: Mr. Jerry Vandevelde Branch Manager 13005 Middletown industrial Blvd.

Suite D Louisville, KY 40223

SUBJECT:

ORDER IMPOSING civil MONETARY PENALTY - $2,750

Dear Mr. Vandevelde:

This refers to your letters dated April 22 anci 23,1998, in response to the Notice of Violation and 1 Proposed Imposition of Civil Penalty (Notice) sent to you by our letter dated March 25,1998. '

Our letter a.id Notice describe one violation that was identified during an NRC inspection -

conducted on December 12,1997, at your Louisville, Kentucky facility.

, ' To emphasize the importance of conducting NRC regulated activities only after adhering to i

appropriate reciprocity requirements, a civil penalty of $5,500 was proposed.

In your responses, you admitted the violation occurred as stated. However, you denied that the

violation was the result of careless disregard and requested that the civil penalty be mitigated based upon your prompt corrective action. Specifically, on December 12,1997. you suspended all operations involving the use of licensed materials, and placed the licensed portable nuclear gauge ir. locked storage until it could be properly and safely transported to the Louisville, Kentucky, office.

After consideration of your responses, we have concluded, for the reasons given in the Appendix attached to the enclosed Order imposing Civil Monetary Penalty (Order), that your L . failure to obtain an NRC license or file for reciprocity represents careless disregard for regulatory requirements and that this failure was appropriately classified at Severity Level Ill. However, we

, have concluded that, based upon the raw information you submitted, the Notice is hereby l

revised to reflect that you used licensed material between January 1 and December 12,1997, l-rather than the previously cited period of time, January 1 through December 18,1997. In addition, we have also concluded that credit is warranted for your prompt corrective action. /

Therefore, in accordance with the Enforcement Policy, the NRC has determined that a base civil penalty irt the amount of $2,750 for this Severity Level ill violation should be imposed.

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Accordingly, we hereby serve the enclosed Order on Ground Engineering and Testing Service, ,

inc., imposing a civil monetary penalty in the amount of $2,750. As provided in Section IV of the enclosed Order, payment should be made within 30 days of the date of this Order, by check, draft, money order, or electronic transfer, payable to the Treasurer of the United States and mailed to James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory  !

Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738. We will review the effectiveness of your corrective actions during a subsequent inspection.

.9906160330 990615 I&E PDR '

MISC . PDR

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Ground Engineering and Testing - 2 Service, Inc.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice", a copy of this setter and the enclosures will be placed in the NRC's Public Document Room.

Sincerely,

_. .A b~

Ash k C. Thadani, Deputy Executive Director for Regulatory Effectiveness

' Docket No. _150-00016 License No. Kentucky 201-431-51

Enclosure:

Order imposing Monetary Civil Penalty cc w/ encl:

Commonwealth of Kentucky State of Indiana Atlanta Testing and Engineering, Inc.

- 3468 Highway 120, Suite B Duluth, GA 30096