ML20140G801
| ML20140G801 | |
| Person / Time | |
|---|---|
| Site: | 15000005 |
| Issue date: | 06/13/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20140G794 | List: |
| References | |
| EA-96-459, NUDOCS 9706170083 | |
| Download: ML20140G801 (3) | |
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l NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY I
l Western Colorado Testing, Inc. Docket No. 150-00005 Grand Junction, Colorado License No. Colorado 580-01 i EA 96-459 I
l i During an NRC investigation conducted from August 14,1996, through January 8,1997, l and inspection conducted October 11,1996, through February 3,1997, a violation of NRC i requirements was identified. In accordance with the " General Statement of Policy and
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- Procedure for NRC Enforcement Actions," NUREG-1600, the NRC proposes to impose a
- civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as l amended (Act),42 U.S.C.2282, and 10 CFR 2.205. The particular violation and l associated civil penalty are set forth below
l 10 CFR 30.3 requires in relevant part, that no person shall possess or use l byproduct material except as authorized by a specific or general license issued by
! the NRC.
I 10 CFR 150.20(a) provides in part that any person who holds a specific license j from an Agreement State is granted an NRC general license to conduct the same '
activity in non-Agreement States subject to the provisions of 10 CFR 150.20(b).
1 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non-
! Agreement States shall, at least 3 days before engaging in each such activity, file 4 i copies of NRC Form-241, " Report of Froposed Activities in Non-Agreement States", l with the Regional Administrator of the appropriate NRC regional office.
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Contrary to the above, on numerous occasions in 1995 and 1996, Western Colorado Testing, Inc., a licensee of the State of Colorado, an Agreement State, used nuclear gauges in Idaho and Wyoming, non-Agreement States, and failed to file a Form-241 with the NRC prior to engaging in such activity. Specifically, Western Colorado Testing, Inc., used nuclear gauges at the following locations on the indicated dates:
- 2. Dixon Airport, Wyoming, on April 16 - 20 and May 1,1995.
l l This is a Severity Level lll violation (Supplement VI).
j Civil Penalty - $2,500.
l Pursuant to the provisions of 10 CFR 2.201, Western Colorado Testing, 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 of Violation and Proposed imposition of Civil Penalty (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 9706170083 970613 t
PDR STPRC ESGCD
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1 Notice of Violation and Proposed Imposition of Civil Penalty admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as why the license should not be modified, suspended, or revoked or why l 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 affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil l penalty proposed above, or the cumulative amount of the civil penalties if more than one ;
l civil penalty is proposed, 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 .
l order imposing the civil penalty will be issued. S.hould the Licensee elect to file an answer !
in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such i 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 l
l 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.
l In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 l CFR 2.205 should be set forth separately from the statement or explanation in reply l
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 L attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been determined in I
accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to l 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.
l The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the Regional l
Administrator, U.S. Nuclear Regulatory Commission, Region IV,611 Ryan Plaza Drive,
, Suite 400, Arlington, Texas 76011.
Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards
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Notice of Violation and Proposed Imposition of Civil Penalty information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you rnust specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withhold-ing (e.g., explain why the disclosure of information will create an unwarranted invasion of j personal privacy or provide the information required by 10 CFR 2.790(b) to support a !
request for withholding confidential commercial or financial information).
Dated at Arlington, Texas, this 13th day of June 1997 1
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