[Federal Register Volume 67, Number 62 (Monday, April 1, 2002)]
[Notices]
[Page 15420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7796]



[[Page 15420]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-02384-CivP, ASLBP No. 02-797-01-CivP, EA 99-290]


Atomic Safety and Licensing Board; Before Administrative Judges: 
Charles Bechhoefer, Chairman, G. Paul Bollwerk, III, Dr. Richard F. 
Cole; In the Matter of Earthline Technologies (Previously RMI 
Environmental Services), Ashtabula, OH, License No. SMB-00602; Order 
Imposing Civil Monetary Penalty

March 26, 2002.

Notice of Hearing

    This proceeding involves a proposed civil penalty of $17,600 sought 
to be imposed by the NRC Staff on Earthline Technologies, previously 
RMI Environmental Services, Ashtabula, OH (Earthline or Licensee) for 
an alleged violation of NRC's employee protection regulations, based 
upon the asserted discrimination by an Earthline management official 
against an employee for engaging in protected activities (i.e., 
contacting the NRC concerning safety matters. In response to an Order 
Imposing Civil Monetary Penalty, dated January 15, 2002 and published 
at 67 FR 3917 (Jan. 28, 2002), Earthline on February 6, 2002 filed a 
timely request for an enforcement hearing. On March 6, 2002, an Atomic 
Safety and Licensing Board, consisting of G. Paul Bollwerk, III, Dr. 
Richard F. Cole, and Charles Bechhoefer, who serves as Chairman, was 
established to preside over this proceeding. 67 FR 11,147 (March 12, 
2002).
    Notice is hereby given that, by Memorandum and Order dated March 
26, 2002, the Atomic Safety and Licensing Board has granted the request 
for a hearing submitted by Earthline. This proceeding will be conducted 
under the Commission's hearing procedures set forth in 10 CFR part 2, 
subparts B and G. Parties to this proceeding are Earthline and the NRC 
Staff. The issues to be considered, as set forth in the Order Imposing 
Civil Monetary Penalty, are (a) whether the Licensee was in violation 
of the Commission's requirements as set forth in the Notice of 
Violation and Proposed Imposition of Civil Penalty, served on the 
Licensee by letter dated September 24, 2001; and (b) whether, on the 
basis of such violation, the Order Imposing Civil Monetary Penalty 
should be sustained.
    Documents related to this proceeding issued prior to December 1, 
1999, are available in microfiche form (with print form available on 
one-day recall) for public inspection at the Commission's Public 
Document Room (PDR), Room O-1 F21, NRC One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852-2738. Documents issued 
subsequent to November 1, 1999, are available electronically through 
the Agencywide Documents Access and Management System (ADAMS), with 
access to the public through NRC's Internet Web site (Public Electronic 
Reading Room Link, http://www.nrc.gov/NRC/ADAMS/index.html>). The PDR 
and many public libraries have terminals for public access to the 
Internet.
    As set forth at 10 CFR 2.205(g) and 2.203, the Commission urges the 
parties in proceedings such as this one to attempt to settle or 
compromise the matters at issue. Except to the extent an early 
settlement or other circumstance renders them unnecessary, the 
Licensing Board may, during the course of this proceeding, conduct one 
or more prehearing conferences and evidentiary hearing sessions. The 
time and place of these sessions will be announced in Licensing Board 
Orders. Except as limited by the parameters of telephone conferences 
(which are in any event to be transcribed), members of the public are 
invited to attend such sessions.

    For the Atomic Safety and Licensing Board.

    Dated in Rockville, Maryland, on March 26, 2002.
Charles Bechhoefer,
Chairman, Administrative Judge.
[FR Doc. 02-7796 Filed 3-29-02; 8:45 am]
BILLING CODE 7590-01-P