ML25118A065
| ML25118A065 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/2025 |
| From: | Andrea Kock Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Hale J Phoenix Federal No. 2 Mining |
| References | |
| EA-23-068 | |
| Download: ML25118A065 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD - SUITE 102 KING OF PRUSSIA, PA 19406-1415 April 30, 2025 EA-23-068 John Hale, Jr.
Phoenix Federal No. 2 Mining, LLC 863 Quail Valley Drive Princeton, West Virginia 24740
SUBJECT:
PHOENIX FEDERAL NO. 2 MINING, LLC, ACKNOWLEDGEMENT OF DISPOSAL OF LICENSED MATERIAL
Dear John Hale,
Jr.:
This refers to the Notice of Violation and Proposed Imposition of Civil Penalty (Notice) sent to you as an enclosure to our letter dated March 14, 2024 (ML24071A163),1 and to our subsequent follow-up letter issued to you on November 21, 2024 (ML24326A001). These letters described a violation of U.S. Nuclear Regulatory Commission (NRC) requirements pertaining to the possession of regulated material without authorization in a specific or general license, contrary to the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 30.3(a).
To emphasize the importance of compliance with NRC requirements, the NRC issued a Severity Level III violation to Phoenix Federal No. 2 Mining, LLC. This enforcement action included a proposed civil penalty of $9,000. In the March 14, 2024, letter conveying the enforcement action, the NRC informed you that the NRC would forgo the civil penalty if you properly disposed of or transferred the regulated material at your facility and submitted information documenting that the material had been transferred or disposed of. Because you failed to complete these actions, the NRC issued the subsequent November 21, 2024, letter and reiterated that the $9,000 civil penalty (and potentially additional, daily penalties) would be imposed if you did not resolve the matter.
On April 9, 2025, the NRC confirmed that you completed the actions required to properly dispose of the regulated material in your possession and that you submitted the required information documenting that the disposal occurred. Therefore, the NRC will not impose the civil penalty and considers this enforcement matter to be closed.
You are not required to respond to this letter. However, should you choose to respond, your response should be sent to the U.S. Nuclear Regulatory Commission, ATTN: Regional Administrator, Region I, 475 Allendale Road, Suite 102, King of Prussia, PA 19406-1415 within 30 days of the date of this letter.
1 NRC Agencywide Documents Access and Management System (ADAMS) Accession Numbers listed in this letter are also accessible using the hyperlink below with the associated ADAMS Accession Number inserted in place of the ML at the end: https://www.nrc.gov/docs/ML
J. Hale, Jr.
2 In accordance with Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room and from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response, if you choose to provide one, should not include any personal privacy or proprietary information so that it can be made available to the public without redaction.
If you have any questions concerning this matter, please contact Monica Ford of my staff at 610-337-5214 or Monica.Ford@nrc.gov.
Sincerely, Andrea L. Kock Regional Administrator Docket No. N/A License No. N/A cc:
State of West Virginia Ron Tucker, Esq.
ANDREA KOCK Digitally signed by ANDREA KOCK Date: 2025.04.30 08:35:02 -04'00'
SUNSI Review/ MMM X
Non-Sensitive Sensitive X
Publicly Available Non-Publicly Available OFFICE RI/ORA RI/DRSS RI/ORA OE NMSS M McLaughlin M Ford B Klukan D Bradley M Burgess DATE 4/15/2025 4/15/2025 4/16/2025 4/21/2025 4/21/2025 OFFICE OGC RI/DRSS RA NAME R Carpenter NLO J Zimmerman AKock DATE 4/22/2025 4/24/2025 4/40/25