[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-27864] [[Page Unknown]] [Federal Register: November 10, 1994] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [Docket No. 030-06309; License No. 37-13129-01; EA 94-114] Radiation Management Consultants; Philadelphia, Pennsylvania; Order Imposing Civil Monetary Penalty I Radiation Management Consultants (Licensee) is the holder of Byproduct Materials License No. 37-13129-01 (License) issued by the Nuclear Regulatory Commission (NRC or Commission) on April 13, 1992. The license authorizes the Licensee to possess and use certain byproduct materials in accordance with the conditions specified therein. The license is due to expire on April 30, 1997. In addition, on December 13, 1993, the Licensee requested termination of the license. II An inspection of the Licensee's activities was conducted on December 9-10, 1993. The results of this 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 July 11, 1994. The Notice states the nature of the violations, the provision 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 letters dated August 10, and August 19, 1994. In its response, the Licensee denies two of the violations (F and G), and either admits or partially admits the other six violations. In addition, the licensee requests remission 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contained therein, the NRC staff has determined, as set forth in the Appendix to this Order, that Violation F should be withdrawn and that Violations A-E, G, and H, occurred as stated in the Notice and that the penalty proposed for the violations designated in the Notice should be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 $1,500 within 30 days of the date of this Order, by check, draft, money order, or electronic transfer, payable to the Treasurer of the United States and mailed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555. The Licensee may request a hearing within 30 days of the date of this Order. A request for a hearing should be clearly marked as a ``Request for an Enforcement Hearing'' and shall be addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission Washington, D.C. 20555, with a copy to the Commission's Document Control Desk, Washington, D.C. 20555. Copies also shall be sent to the Assistant General Counsel for Hearings and Enforcement at the same address and to the Regional Administrator, NRC Region I, 475 Allendale Road, King of Prussia, PA 19406. 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, 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 the Notice referenced in Section II above, and (b) Whether, on the basis of such violations, this Order should be sustained. Dated at Rockville, Maryland this 3rd day of November, 1994. James Lieberman, Director, Office of Enforcement. [FR Doc. 94-27864 Filed 11-9-94; 8:45 am] BILLING CODE 7590-01-M