[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Notices]
[Pages 63170-63171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25845]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-33887; License No. 49-26808-02; EA-01-302]
In the Matter of High Mountain Inspection Service, Inc., Mills,
WY; Order Imposing Civil Monetary Penalty
I
High Mountain Inspection Service, Inc., (Licensee) is the holder of
Materials License No. 49-26808-02 issued by the Nuclear Regulatory
Commission (NRC or Commission) on
[[Page 63171]]
October 3, 1995. The license authorizes the Licensee to conduct
radiography activities in accordance with the conditions specified
therein.
II
An inspection of the Licensee's activities was completed on January
24, 2002. The results of that inspection indicated 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 May
7, 2002. The Notice states the nature of the violations, the provisions
of the NRC's requirements that the Licensee had violated, and the
amount of the civil penalty proposed for the violations.
The Licensee responded to the Notice in a letter dated June 18,
2002. In its response, the Licensee admitted to the violations
associated with the civil penalty but asserted mitigating extenuating
circumstances. Further, the Licensee stated that the NRC did not fully
and properly consider the facts presented in the February 27, 2002,
predecisional enforcement conference and in the licensee's letter dated
April 4, 2002. The licensee requested remission or at least significant
mitigation of the civil penalty.
III
After consideration of the Licensee's response and the statements
of fact, explanation, and argument for mitigation contained therein,
the NRC staff has determined, as set forth in the Appendices to this
Order, that the violations occurred as stated and that the penalty
proposed for the violations designated 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, and 10 CFR 2.205,
it is hereby ordered that:
The Licensee pay a civil penalty in the amount of $6,000 within 30
days of the date of this Order, in accordance with NUREG/BR-0254. In
addition, at the time of making the 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.
V
In accordance with 10 CFR 2.202, the licensee, and any other person
adversely affected by this Order, may request a hearing on this Order
within thirty (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''. Any request for a hearing shall
be submitted to the Secretary, Office of the Secretary of the
Commission, 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; to the
Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400,
Arlington, Texas 76011; and to the licensee if the hearing request is
by a person other than the licensee. Because of continuing disruptions
in delivery of mail to United States Government offices, it is
requested that requests for hearing be transmitted to the Secretary of
the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected] and also to the Office of
the General Counsel either by means of facsimile transmission to 301-
415-3725 or by e-mail to [email protected].
If a person other than the licensee requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.714(d).\1\
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\1\ The most recent version of Title 10 of the Code of Federal
Regulations, published January 1, 2002, inadvertently omitted the
last sentence of 10 CFR 2.714(d) and subparagraphs (d)(1) and (2),
regarding petitions to intervene and contentions. Those provisions
are extant and still applicable to petitions to intervene. Those
provisions are as follows: ``In all other circumstances, such ruling
body or officer shall, in ruling on--(1) A petition for leave to
intervene or a request for hearing, consider the following factors,
among other things: (i) The nature of the petitioner's right under
the Act to be made a party to the proceeding. (ii) The nature and
extent of the petitioner's property, financial, or other interest in
the proceeding. (iii) The possible effect of any order that may be
entered in the proceeding on the petitioner's interest. (2) The
admissibility of a contention, refuse to admit a contention if: (i)
The contention and supporting material fail to satisfy the
requirements of paragraph (b)(2) of this section; or (ii) The
contention, if proven, would be of no consequence in the proceeding
because it would not entitle petitioner to relief.
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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
issue to be considered at such hearing shall be whether on the basis of
the violations admitted by the Licensee, this Order should be
sustained.
Dated this 30th day of September, 2002.
For The Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 02-25845 Filed 10-9-02; 8:45 am]
BILLING CODE 7590-01-P