[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]


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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Order, that Violation F should be withdrawn and that Violations A-E, G, 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