ML20128K302

Memorandum & Order (Approving Settlement Agreement).* Informs That Board Approves Settlement Agreement & Terminates Proceedings

ML20128K302
Person / Time
Site:	15000032
Issue date:	10/01/1996
From:	Bechhoefer C, Hooper F, Kelber C Atomic Safety and Licensing Board Panel
To:	TESTCO, INC.
Shared Package
ML20128K308	List: ML20128K302 ML20128K380
References
CON-#496-17952 96-712-01-EA, 96-712-1-EA, 96-719-04-EA, 96-719-4-EA, EA, EA-95-101, IA-95-055, IA-95-55, NUDOCS 9610110030
Download: ML20128K302 (3)

Text

/795L 00 0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Tf g7 _)

ATOMIC SAFETY AND LICENSING BOARD OF -CE OF SECRETARY Before Administrative Judges 0CC IETlilG & SEpymr BRANCH Charles Bechhoefer, Chairman Dr. Frank F. Hooper Dr. Charles N. Kelber I

In the Matter of Docket No. IA 95-055 JAMES L. SHELTON (Order Prohibiting Involvement ASLBP No. 96-712-01-EA 4 in NRC-Licensed Activities (Effective Immediately))

SERVED 0CT - 1 1%6 In the Matter of Docket No. 150-00032-EA TESTCO, INC. EA 95-101 4

(Order Imposing Civil Monetary ASLBP No. 96-719-04-EA

Penalty)

(General License) EA 95-101 October 1, 1996 MEMORANDUM AND ORDER (Accroving Settlement Acreement)

! These two enforcement proceedings involve, respectively, an immediately effective enforcement order seeking to bar Mr. James L. Shelton (a radiographer) from participating in certain NRC-licensed activities for a period of three years (measured from October 31, 1995) and a proposed civil penalty of $5,000.00 against the firm of which Mr. Shelton serves as President. Atomic Safety and Licensing Boards, consisting of the same Administrative 9610110030 961001 3 PDR STPRG ESGNC 3 PDR  ?

D502_

Judges, were established for each proceeding. Those Boards issued Notices of Hearing for each proceeding. 61 Fed. Reg. 2848 (January 29, 1996) (Shelton proceeding) ; 61 Fed. Reg. 43268 (August 21, 1996) (Testco proceeding) . The proceedings have been consolidated. Prehearing Conference Order, dated August 15, 1996 (unpublished); see also 61 Fed. Reg. 43268.

On September 17, 1996, the NRC Staff advised the Atomic Safety and Licensing Boards that it had reached a settlement with both Testco and Mr. Shelton. Under the agreement, Mr.

Shelton (1) is prohibited from engaging in certain licensed activities until October 31, 1996; (2) must submit certain forms and pay certain fees prior to conducting such licensed activities during the period November 1,1996 through December 31, 1998; (3) until October 31, 1998, must provide certain notifications to NRC prior to conducting those licensed activities; and (4) must pay a civil penalty of

$1,000, in two installments due no later than October 31, 1996. A copy of the agreement is attached heretc.

Pursuant to 10 C.F.R. S 2.203, settlement agreements such as have been agreed to here are subject to Licensing Board approval, "according due weight to the position of the (NRC) staff." By motion dated September 17, 1996 (delivery of which to one of the Board members was delayed until the week of September 23-27, 1996), the Staff moved that we approve the agreement, which itself recites the Staff'*s position that the agreement "best serves the interests of l

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the public and the parties," as well as the Atomic Energy Act and NRC requirements, and that we terminate the proceedings, i

Absent any contrary information, and according due weight to the Staff's position, we hereby anpprove the Settlement Agreement submitted to us and terminate the proceedings.

1 Pursuant to 10 C.F.R. S 2.764, this Order is effective immediately but is subject to Commission review under 10 C.F.R. S 2.786.

It is so ordered.

The Atomic Sufccy and Licensing Boards m hrh et n A/

~

Charles Bechhoefer, /hairman

ADMINISTRATIVE JUDGE Dr. Frank F. Hooper ADMINISTRATIVE JUDGE k

pr. Charled if. 'Kelber

' ADMINISTRATIVE JUDGE Reckville, Maryland October 1, 1996