In the Matter of Soil Consultants, Inc., ATTN: Mr. Joseph W. Dixon, President, 9303 Center Street, Manassas, VA 20110-5547; Order Imposing Civil Monetary Penalty, 6046-6047 [05-2136]
Download as PDF
6046
Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices
of the General Counsel, U.S. Nuclear
Regulatory Commission, Washington DC
20555; the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; and the Executive Secretary,
U.S. Department of State, Washington,
DC 20520.
In its review of the application for a
license to export special nuclear
material as defined in 10 CFR Part 110
and noticed herein, the Commission
does not evaluate the health, safety or
environmental effects in the recipient
nation of the material to be exported.
The information concerning the
application follows.
NRC EXPORT LICENSE APPLICATION FOR HIGH-ENRICHED URANIUM
Name of applicant
Date of application
Date received
Application number
Docket number
Material type
High-Enriched Uranium ...........................
DOE/NNSA—Y12 .....................................
September 7, 2004
September 24, 2004
XSNM03369
11005512
End use
To fabricate targets for irradiation in the
National Research Universal (NRU)
Reactor to produce medical isotopes
For the Nuclear Regulatory Commission.
Dated this 24 day of January, 2005, at
Rockville, Maryland.
Margaret M. Doane,
Deputy Director, Office of International
Programs.
[FR Doc. 05–2134 Filed 2–3–05; 8:45 am]
BILLING CODE 7590–01–M
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–33635, License No.45–
15200–04, EA–04–103]
III
In the Matter of Soil Consultants, Inc.,
ATTN: Mr. Joseph W. Dixon, President,
9303 Center Street, Manassas, VA
20110–5547; Order Imposing Civil
Monetary Penalty
I
Soil Consultants, Inc. (Licensee) is the
holder of Materials License No. 45–
15200–04 issued by the Nuclear
Regulatory Commission (NRC or
Commission) on October 6, 2004,
Amendment No. 03. The license
authorizes the Licensee to use sealed
source(s) contained in portable gauging
devices (registered pursuant to 10 CFR
32.320 or equivalent Agreement State
regulation) for measuring properties of
materials in accordance with the
conditions specified therein.
II
An investigation of the Licensee’s
activities was completed on February
11, 2004. The results of this
investigation and the NRC’s further
consideration of this matter, including a
predecisional enforcement conference
held with you on August 12, 2004,
indicated that the Licensee had not
conducted its activities in full
compliance with NRC requirements. A
written Notice of Violation and
VerDate jul<14>2003
18:52 Feb 03, 2005
Jkt 205001
Proposed Imposition of Civil Penalty
(Notice) was served upon the Licensee
by letter dated October 6, 2004. The
Notice states the nature of violation, the
provision of the NRC’s requirements
that the Licensee had violated, and the
amount of the civil penalty proposed for
the violation.
The licensee responded to the Notice
in letters dated November 5, 2004, and
December 2, 2004. In its response, the
Licensee denied a violation occurred.
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 the
violation occurred as stated and that the
penalty proposed for the violation
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 herby
ordered that:
The Licensee pay a civil penalty in
the amount of $9,600 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.
V
The Licensee may request a hearing
within 30 days of the date of this Order.
Where good cause is shown, such as
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
Country of
destination
Canada.
requesting to engage in alternative
dispute resolution, 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: Rulemaking 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 I, 475 Allendale Road, King of
Prussia, PA 19406–1415. Because of
continuing disruption in delivery of
mail to United States Government
offices, it is requested that requests for
hearings be transmitted to the Secretary
of the Commission either by means of
facsimile transmission to 301–415–1101
or by e-mail to hearingdocket@nrc.gov
and also to the Office of the General
Counsel either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov.
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.
E:\FR\FM\04FEN1.SGM
04FEN1
Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices
In the event that 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
referred to in Section II above, and
(b) Whether, on the basis of such
violation, this Order should be
sustained.
Dated this 27th day of January 2005.
For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05–2136 Filed 2–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–20885]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment for Genzyme Biosurgery’s
Facility in Ridgefield, NJ
Nuclear Regulatory
Commission.
ACTION: Notice of availability.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kathy Dolce Modes, Materials Security
& Industrial Branch, Division of Nuclear
Materials Safety, Region I, 475
Allendale Road, King of Prussia,
Pennsylvania 19406, telephone (610)
337–5251, fax (610) 337–5269; or by email: KAD@NRC.GOV.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is issuing a license amendment to
Genzyme Biosurgery for Materials
License No. 29–23308–01, to authorize
release of its facility in Ridgefield, New
Jersey for unrestricted use. NRC has
prepared an Environmental Assessment
(EA) in support of this action in
accordance with the requirements of 10
CFR part 51. Based on the EA, the NRC
has concluded that a Finding of No
Significant Impact (FONSI) is
appropriate. The amendment will be
issued following the publication of this
notice.
II. EA Summary
The purpose of the action is to
authorize the release of the licensee’s
Ridgefield, New Jersey facility for
unrestricted use. Genzyme Biosurgery
was authorized by NRC from December
23, 1983, to use radioactive materials for
research and development purposes at
VerDate jul<14>2003
18:52 Feb 03, 2005
Jkt 205001
the site. On June 4, 2004, Genzyme
Biosurgery requested that NRC release
the facility for unrestricted use.
Genzyme Biosurgery has conducted
surveys of the facility and provided
information to the NRC to demonstrate
that the site meets the license
termination criteria in subpart E of 10
CFR part 20 for unrestricted use.
The NRC staff has prepared an EA in
support of the license amendment. The
facility was remediated and surveyed
prior to the licensee requesting the
license amendment. The NRC staff has
reviewed the information and final
status survey submitted by Genzyme
Biosurgery. Based on its review, the staff
has determined that there are no
additional remediation activities
necessary to complete the proposed
action. Therefore, the staff considered
the impact of the residual radioactivity
at the facility and concluded that since
the residual radioactivity meets the
requirements in subpart E of 10 CFR
part 20, a Finding of No Significant
Impact is appropriate.
III. Finding of No Significant Impact
The staff has prepared the EA
(summarized above) in support of the
license amendment to terminate the
license and release the facility for
unrestricted use. The NRC staff has
evaluated Genzyme Biosurgery’s request
and the results of the surveys and has
concluded that the completed action
complies with the criteria in subpart E
of 10 CFR part 20. The staff has found
that the environmental impacts from the
action are bounded by the impacts
evaluated by NUREG–1496, Volumes 1–
3, ‘‘Generic Environmental Impact
Statement in Support of Rulemaking on
Radiological Criteria for License
Termination of NRC-Licensed
Facilities’’ (ML042310492,
ML042320379, and ML042330385). On
the basis of the EA, the NRC has
concluded that the environmental
impacts from the action are expected to
be insignificant and has determined not
to prepare an environmental impact
statement for the action.
IV. Further Information
Documents related to this action,
including the application for the license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
6047
this notice are: Environmental
Assessment (ADAMS Accession No.
ML050270048), ‘‘Report of the
Decommissioning of the Genzyme
Biosurgery Research and Development
Laboratories for the Purpose of
Surrendering the Company’s
Radioactive Materials License’’ included
with the licensee’s letter dated June 4,
2004 (ADAMS Accession No.
ML041800154) and additional
information dated October 15, 2004
(ADAMS Accession No. ML042990427).
Please note that on October 25, 2004,
the NRC terminated public access to
ADAMS and initiated an additional
security review of publicly available
documents to ensure that potentially
sensitive information is removed from
the ADAMS database accessible through
the NRC’s Web site. Interested members
of the public may obtain copies of the
referenced documents for review and/or
copying by contacting the Public
Document Room pending resumption of
public access to ADAMS. The NRC
Public Documents Room is located at
NRC Headquarters in Rockville, MD,
and can be contacted at (800) 397–4209,
(301) 415–4737 or by e-mail to
pdr@nrc.gov.
Dated in King of Prussia, Pennsylvania this
27th day of January, 2005.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. 05–2138 Filed 2–3–05; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–3098]
Duke Cogema Stone and Webster’s
Proposed Mixed Oxide Fuel
Fabrication Facility; Notice of
Availability of Final Environmental
Impact Statement
Nuclear Regulatory
Commission.
ACTION: Notice of availability of final
environmental impact statement.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Matthew Blevins, Senior Project
Manager, Environmental and
Performance Assessment Directorate,
Division of Waste Management and
Environmental Protection, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
(301) 415–7684; e-mail: mxb6@nrc.gov.
SUMMARY: Notice is hereby given that
the U.S. Nuclear Regulatory
E:\FR\FM\04FEN1.SGM
04FEN1
Agencies
[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 6046-6047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2136]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-33635, License No.45-15200-04, EA-04-103]
In the Matter of Soil Consultants, Inc., ATTN: Mr. Joseph W.
Dixon, President, 9303 Center Street, Manassas, VA 20110-5547; Order
Imposing Civil Monetary Penalty
I
Soil Consultants, Inc. (Licensee) is the holder of Materials
License No. 45-15200-04 issued by the Nuclear Regulatory Commission
(NRC or Commission) on October 6, 2004, Amendment No. 03. The license
authorizes the Licensee to use sealed source(s) contained in portable
gauging devices (registered pursuant to 10 CFR 32.320 or equivalent
Agreement State regulation) for measuring properties of materials in
accordance with the conditions specified therein.
II
An investigation of the Licensee's activities was completed on
February 11, 2004. The results of this investigation and the NRC's
further consideration of this matter, including a predecisional
enforcement conference held with you on August 12, 2004, 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
October 6, 2004. The Notice states the nature of violation, the
provision of the NRC's requirements that the Licensee had violated, and
the amount of the civil penalty proposed for the violation.
The licensee responded to the Notice in letters dated November 5,
2004, and December 2, 2004. In its response, the Licensee denied a
violation occurred.
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 the violation occurred as stated and that the penalty
proposed for the violation 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 herby ordered that:
The Licensee pay a civil penalty in the amount of $9,600 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.
V
The Licensee may request a hearing within 30 days of the date of
this Order. Where good cause is shown, such as requesting to engage in
alternative dispute resolution, 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: Rulemaking 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 I, 475 Allendale Road, King of Prussia, PA 19406-1415. Because
of continuing disruption in delivery of mail to United States
Government offices, it is requested that requests for hearings be
transmitted to the Secretary of the Commission either by means of
facsimile transmission to 301-415-1101 or by e-mail to
hearingdocket@nrc.gov and also to the Office of the General Counsel
either by means of facsimile transmission to 301-415-3725 or by e-mail
to OGCMailCenter@nrc.gov.
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.
[[Page 6047]]
In the event that 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 referred to in Section II
above, and
(b) Whether, on the basis of such violation, this Order should be
sustained.
Dated this 27th day of January 2005.
For the Nuclear Regulatory Commission.
Frank J. Congel,
Director, Office of Enforcement.
[FR Doc. 05-2136 Filed 2-3-05; 8:45 am]
BILLING CODE 7590-01-P