[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Notices]
[Pages 60471-60472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26009]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-32990; License No. 47-25225-01; EA-00-118]
In the Matter of Bass Energy, Inc. Bruceton Mills, West Virginia
26525; Order Imposing Civil Monetary Penalty
I
Bass Energy, Inc. (Licensee) is the previous holder of Materials
License No. 47-25225-01 originally issued by the Nuclear Regulatory
Commission (NRC) on December 15, 1992, and amended on September 2,
1998. The License has subsequently been transferred to another entity.
The license authorized Bass Energy, Inc. to possess and use sealed
sources registered pursuant to 10 CFR 32.210 or an equivalent Agreement
State regulation and contained in a Scan Technologies Model 3500 fixed
gauging device.
II
An investigation of the Licensee's activities was initiated by the
NRC Office of Investigations (OI) on November 3, 1999, and an NRC
inspection conducted on September 28, 1999. The results of the
investigation and inspection revealed that the licensee had not
conducted its activities in full compliance with NRC requirements. A
written Notice of Violation and Proposed Imposition of Civil Penalty
(Notice) was served upon the Licensee by letter dated June 30, 2000.
The Notice stated the nature of the violations, the provisions of the
NRC's requirements that the Licensee violated, and the amount of the
civil penalty proposed for the violations.
To date, the Licensee has not responded to the Notice or paid the
civil penalty. Additionally, telephone calls were initiated on August
16,18, 25 and 30, and September 1, 2000 by Mr. Mark Lesser, Acting
Deputy Director, Division of Nuclear Materials Safety, NRC, Region II,
to Mr. Thomas, President of Bass Energy, Inc., and his attorney
concerning Bass Energy's intent to respond to the Notice or pay the
civil penalty. Mr. Thomas has declined to discuss the matter and his
attorney has not returned Mr. Lesser's calls.
III
After consideration of the Licensee's failure to respond to the
Notice and pay the proposed civil penalty, the NRC staff has
determined, that the civil penalty in the amount of $8,800 for the
violations described in the Notice should be imposed.
IV
In view of the foregoing and pursuant to Section 234 of the Atomic
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, 10 CFR 2.201 and
10 CFR 2.205, It Is Hereby Ordered That:
(A) The Licensee pay a civil penalty in the amount of $8,800 within
30 days of the date of this Order, in accordance with NUREG/BR-0254. In
addition, at the time of making payment, the Licensee shall submit a
statement indicating when and by what method payment was made, to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738,
and
[[Page 60472]]
(B) The Licensee respond in writing to the Notice pursuant to the
provisions of 10 CFR 2.201 within 30 days of the date of this Order
addressing: (1) Admission or denial of the alleged violations, (2) the
reasons for the violations if 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.
This response shall also be addressed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission.
The Licensee may request a hearing within 30 days of the date of
this Order. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time must be made in writing to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a
statement of good cause for the extension. A request for a hearing
should be clearly marked as a ``Request for an Enforcement Hearing''
and shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, and to the Regional Administrator, NRC
Region II, U.S. Nuclear Regulatory Commission, 61 Forsyth St., SW,
Suite 23T85, Atlanta, GA 30303.
If a hearing is requested, the Commission will issue an Order
designating the time and place of the hearing. If the Licensee fails to
request a hearing within 30 days of the date of this Order (or if
written approval of an extension of time in which to request a hearing
has not been granted), the provisions of this Order shall be effective
without further proceedings. If payment has not been made by that time,
the matter may be referred to the Attorney General for collection.
In the event the Licensee requests a hearing as provided above, the
issues to be considered at such hearing shall be:
(a) Whether the Licensee was in violation of the Commission's
requirements as set forth in Part I of the Notice referenced in Section
II above, and
(b) Whether, on the basis of such violation, this Order should be
sustained.
Dated this 29th day of September 2000.
R. William Borchardt,
Director, Office of Enforcement.
[FR Doc. 00-26009 Filed 10-10-00; 8:45 am]
BILLING CODE 7590-01-P