ML20212C537

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Responds to ,Submitted by Attorney,Re NOV & Proposed Imposition of Civil Penalty in Amount of $2,500 to Be Paid within 30 Days of Date of Order.Effectiveness of Actions Will Be Reviewed During Subsequent Insp
ML20212C537
Person / Time
Site: 15000005
Issue date: 10/28/1997
From: Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To: Fife J
COLORADO, STATE OF
Shared Package
ML20212C542 List:
References
EA-96-459, NUDOCS 9710300001
Download: ML20212C537 (2)


Text

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j_ NUCLEAR REGULATORY COMMISSION UNITED STATES

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  • WAPHINGTON, D.C. 306W0001

. . . . . ,o EA 96-459 October 28,1997 Mr. James R. Fife, President Westem Colorado Testing, Inc.

529 25 % Road, #3101 Grand Junction, Culorado 81505

SUBJECT:

ORDER IMPOSING civil MONETARY PENALTY - $2,500 (NRC Inspection Report No. 150-00005 and Investigation Report No. 4-96-040)

Dear Mr. Fife:

This refers to your letter (submitted by your attomey) dated July 16,1997, in response to the Notice of Violation and Proposed imposition of Civil Penalty (Notice) sent to you tc/ our letter dated June 13,1997. Our letter and Notice described one violation identified during an NRC inspection.

To emphasize the need for Westem Colorado Testing, Inc.'s (WCTl's) management and radiation safety officer to assure that WCTl is meeting regulatory requirements, a civil penalty of $2,500 was proposed.

in your response, you stated that the facts o; the case warranted reconsideration of both the characterization of the violation (as willful), as well as the proposed assessment of the civil penalty. Your leMer stated that it would be appropriate to remme the willful designation from the Notice and to waive the proposed penalty against WCTI.

After consideration of your response, we have concluded for the reasons given in the Appendix attached to the enclosed Order imposing Civil Monetary Penalty that you have not provided an adequate basis for mitigation of the proposed civil penalty. Accordingly, the enclosed Order is being served on Westem Colorado Testing, Inc., imposing a civil monetary .L penalty in the amount of $2,500. As provided in Section IV of the enclosed Order, payment i should be made within 30 cays of the date of this Order, by check, draft, money order, or  ; j electronic transfer, payable to the Treasurer of the United States and mailed to Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White

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

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9710300001 971028 PDR STPRGESGCg Il!E!ER,!Ill))Il!!!OllOllll

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i- Westem Colorado Testing, Inc. In accordance with 10 CFR 2.790 of the NRC's "Ru!es of Practice," a copy of this letter and the enclosure will be olaced in the NRC's Public Document Room.

Cincerely, p a;- _

James Lieberman Director, Office of Enforcement Docket No. 150-00005 License No. Colorado.580-1

Enclosure:

As Stated cc: State of Colorado Phillip B. Cardi, Esq.

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