Press Release-00-053, Note to Editors: Letter to Owner of Envirocare of Utah

Press Release-00-053:Note to Editors: Letter to Owner of Envirocare of Utah

ML003707611
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Issue date:	03/27/2000
From:	Office of Public Affairs
To:
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Press Release-00-053
Download: ML003707611 (1)

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NRC NEWS U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-001 E-mail: opa@nrc.gov Web Site: http://www.nrc.gov/OPA No.00-053 March 27, 2000 NOTE TO EDITORS: LETTER TO OWNER OF ENVIROCARE OF UTAH The Nuclear Regulatory Commission staff has completed its evaluation of the responses of Khosrow B. Semnani, owner of Envirocare of Utah, to a Demand for Information the NRC issued to Mr. Semnani last July and a Request for Additional Information issued in November. The staff has concluded that no further action is warranted.

A copy of the staffs letter to Mr. Semnani conveying this information is attached.

United States NUCLEAR REGULATORY COMMISSION Washington, D.C. 20555-0001 March 27, 2000 EA99-180 Mr. Khosrow B. Semnani Envirocare of Utah, Inc.

46 West Broadway Suite 116 Salt Lake City, UT 84101

SUBJECT:

EVALUATION OF RESPONSES TO DEMAND FOR INFORMATION AND CLOSURE OF ENFORCEMENT CONSIDERATIONS

Dear Mr. Semnani:

On July 12, 1999, the U.S. Nuclear Regulatory Commission (NRC) issued a Demand for Information (DFI) to you concerning your payment of money and other value to Mr. Larry F. Anderson, a former Director of the State of Utah Bureau of Radiation Control. The DFI was issued to resolve the NRCs concerns about your payment to a State of Utah official in connection with a license application by Envirocare of Utah, Inc. (Envirocare). Envirocare is owned by you and is a licensee of the State of Utah, under an Agreement State Program pursuant to Section 274 of the Atomic Energy Act. The NRC was concerned that your payments to a State official with official responsibilities over matters integrally related to the NRCs regulatory program could undermine the NRCs reasonable assurance of adequate protection of the public health and safety, if you were to continue participating in NRC-licensed activities at Envirocare or elsewhere. The DFI was also issued in response to the Section 2.206 of Title 10 of the U.S. Code of Federal Regulations (10 CFR §2.206) petition filed on December 30, 1998, by the Natural Resources Defense Council, addressing the same matter. You responded to the petition on January 12, 1999, and, more fully, on April 5, 1999. You responded to the DFI on September 13, 1999. On November 4, 1999, the NRC issued a Request for Additional Information (RAI) regarding certain information in your response to the DFI. You responded to that request on November 19, 1999.

The NRC has completed its evaluation of your responses to the NRCs DFI and RAI, as well as all available related information, and has concluded that no further action is warranted. In reaching this conclusion, we wish to emphasize the significance of your assurances that you...understand what is required and expected of individuals involved in the management of NRC-licensed activities...that the NRC must rely on the candor and integrity of those individuals, and that the issuance of an NRC license is a privilege to be entrusted to persons who will work diligently to ensure the safety of the public and workers and to ensure compliance with NRC

K. Semnani requirements. See Khosrow B. Semnani Response to NRC Demand for Information, September 13, 1999, at 2.

Should you have any questions concerning this letter, please contact me at (301)415-2741.

Sincerely, s

R. W. Borchardt, Director Office of Enforcement Docket No. 40-8989 License No. SMC-1559 cc: C. Judd, President, Envirocare of Utah W. Sinclair, Director, Utah Division Of Radiation Control T. Cochran, Natural Resources Defense Council D. Shapiro, Morgan, Lewis & Bockius T. Brown, EPA, Region 8, Denver, CO