In the Matter of MISTRAS Holding Group, d/b/a: Conam Inspection and Engineering Services, Quality Services Laboratories, Inc., Burr Ridge, IL; Order Imposing Civil Monetary Penalty, 38062-38063 [E9-18212]

Download as PDF 38062 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued Day Event/Activity 20 ................. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access provides a reasonable basis to believe standing can be established and shows (1) Need for SUNSI or (2) need to know for SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access to SGI, the proposed recipient must be provided an opportunity to correct or explain information. Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another designated officer. If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the protective order. Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions by that later deadline. (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. (Answer receipt +7) Petitioner/Intervenor reply to answers. Decision on contention admission. 25 ................. 30 ................. 40 ................. 190 ............... 205 ............... A ................... A + 3 ............ A + 28 .......... A + 53 .......... A + 60 .......... >A + 60 ........ [FR Doc. E9–18012 Filed 7–29–09; 8:45 am] II BILLING CODE 7590–01–P An inspection of the Licensee’s activities was conducted on September 22 and 23, 2008, at its Noblesville, Indiana office. 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 March 9, 2009 (the letter is Not Publicly Available). The Notice states the nature of the violations, the provisions of the NRC’s requirements that the Licensee violated, and the amount of the civil penalties proposed for the violations. The Licensee responded to the Notice in a letter dated March 24, 2009 (also Not Publicly Available). In its response, the Licensee, although neither admitting nor denying the violations, requested mitigation for the civil penalty associated with one of the violations. NUCLEAR REGULATORY COMMISSION [Docket No. 030–35114; License No. 12– 16559–02; EA–08–334; (NRC–2009–0332)] In the Matter of MISTRAS Holding Group, d/b/a: Conam Inspection and Engineering Services, Quality Services Laboratories, Inc., Burr Ridge, IL; Order Imposing Civil Monetary Penalty erowe on DSK5CLS3C1PROD with NOTICES I MISTRAS Holding Group, doing business as Conam Inspection and Engineering Services, Inc. and Quality Services Laboratories, Inc. (MISTRAS or Licensee) is the holder of Materials License No. 12–16559–02 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR part 30 on August 31, 1999. The license authorizes MISTRAS to conduct radiography operations in locations within the NRC’s jurisdiction. VerDate Nov<24>2008 15:34 Jul 29, 2009 Jkt 217001 III After consideration of the Licensee’s response and the statements of fact, PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 explanation, and argument for mitigation contained therein, the NRC staff determined that the violation occurred as stated and that the penalty proposed for the violation should be imposed. The results of the NRC’s review of the information contained in the Licensee’s letter and the basis for the NRC taking the actions described in this Order are set forth in the non-Public Appendix to this Order. 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 shall pay, within 20 days from the date this Order is published in the Federal Register, a civil penalty in the amount of $6,500, in accordance with NUREG/BR–0254. In addition, at the time payment is made, 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 E:\FR\FM\30JYN1.SGM 30JYN1 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices Flint North, 11555 Rockville Pike, Rockville, MD 20852–2738. erowe on DSK5CLS3C1PROD with NOTICES V In accordance with 10 CFR 2.205, the Licensee may request a hearing on this Order within 20 days of its publication in the Federal Register. 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 directed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, and include a statement of good cause for the extension. If a hearing is requested by the Licensee, the Commission will issue an Order designating the time and place of hearing. If a hearing is held, an Order will be issued after the hearing by the Commission dismissing the proceeding or imposing, mitigating, or remitting the civil penalty. If the Licensee fails to request a hearing within 20 days from the date this Order is published in the Federal Register, 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 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 violation, this Order should be sustained. A request for a hearing must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139 (August 28, 2007). The E-Filing process requires participants to submit and serve documents over the internet or, in some cases, to mail copies on electronic optical storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least ten (10) days prior to the filing deadline the requestor must contact the Office of the Secretary by e-mail at HEARINGDOCKET@NRC.GOV, or by calling (301) 415–1677, to request: (1) A digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding VerDate Nov<24>2008 15:34 Jul 29, 2009 Jkt 217001 (even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate). Each requestor will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. Information about applying for a digital ID certificate also is available on NRC’s public Web site at https://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, it can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail notice that provides access to the document to the NRC Office of the General Counsel and others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, if the licensee chooses to request a hearing, the licensee (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request is filed so that they may obtain access to the document via the EFiling system. A person filing electronically may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at https://www.nrc.gov/site-help/esubmittals.html or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The electronic filing Help Desk can be contacted by telephone at 1–866–672– 7640 or by e-mail at MHSD.Resource@nrc.gov. Participants who believe that they have good cause for not submitting documents electronically must file a motion, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 38063 submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their works. For the Nuclear Regulatory Commission. Dated this 23rd day of July, 2009. Cynthia A. Carpenter, Director, Office of Enforcement. [FR Doc. E9–18212 Filed 7–29–09; 8:45 am] BILLING CODE 7590–01–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #11818 and #11819] Pennsylvania Disaster #PA–00024 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the Commonwealth of PENNSYLVANIA dated 07/21/2009. Incident: Apartment Building Fire. Incident Period: 07/08/2009. DATES: Effective Date: 07/21/2009. Physical Loan Application Deadline Date: 09/21/2009. E:\FR\FM\30JYN1.SGM 30JYN1

Agencies

[Federal Register Volume 74, Number 145 (Thursday, July 30, 2009)]
[Notices]
[Pages 38062-38063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18212]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-35114; License No. 12-16559-02; EA-08-334; (NRC-2009-
0332)]


In the Matter of MISTRAS Holding Group, d/b/a: Conam Inspection 
and Engineering Services, Quality Services Laboratories, Inc., Burr 
Ridge, IL; Order Imposing Civil Monetary Penalty

I

    MISTRAS Holding Group, doing business as Conam Inspection and 
Engineering Services, Inc. and Quality Services Laboratories, Inc. 
(MISTRAS or Licensee) is the holder of Materials License No. 12-16559-
02 issued by the U.S. Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR part 30 on August 31, 1999. The license authorizes 
MISTRAS to conduct radiography operations in locations within the NRC's 
jurisdiction.

II

    An inspection of the Licensee's activities was conducted on 
September 22 and 23, 2008, at its Noblesville, Indiana office. 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 March 9, 2009 
(the letter is Not Publicly Available). The Notice states the nature of 
the violations, the provisions of the NRC's requirements that the 
Licensee violated, and the amount of the civil penalties proposed for 
the violations.
    The Licensee responded to the Notice in a letter dated March 24, 
2009 (also Not Publicly Available). In its response, the Licensee, 
although neither admitting nor denying the violations, requested 
mitigation for the civil penalty associated with one of the violations.

III

    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, 
the NRC staff determined that the violation occurred as stated and that 
the penalty proposed for the violation should be imposed. The results 
of the NRC's review of the information contained in the Licensee's 
letter and the basis for the NRC taking the actions described in this 
Order are set forth in the non-Public Appendix to this Order.

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 shall pay, within 20 days from the date this Order is 
published in the Federal Register, a civil penalty in the amount of 
$6,500, in accordance with NUREG/BR-0254. In addition, at the time 
payment is made, 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

[[Page 38063]]

Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.

V

    In accordance with 10 CFR 2.205, the Licensee may request a hearing 
on this Order within 20 days of its publication in the Federal 
Register. 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 directed to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, and include a statement of good cause 
for the extension.
    If a hearing is requested by the Licensee, the Commission will 
issue an Order designating the time and place of hearing. If a hearing 
is held, an Order will be issued after the hearing by the Commission 
dismissing the proceeding or imposing, mitigating, or remitting the 
civil penalty. If the Licensee fails to request a hearing within 20 
days from the date this Order is published in the Federal Register, 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 
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 violation, this Order should be 
sustained.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139 
(August 28, 2007). The E-Filing process requires participants to submit 
and serve documents over the internet or, in some cases, to mail copies 
on electronic optical storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least ten (10) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by e-mail at 
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request: (1) A 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms Viewer\TM\ to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer\TM\ is free and is available at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information 
about applying for a digital ID certificate also is available on NRC's 
public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, it can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
document through EIE. To be timely, electronic filings must be 
submitted to the EIE system no later than 11:59 p.m. Eastern Time on 
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC Office of the 
General Counsel and others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the document on those participants separately. Therefore, if 
the licensee chooses to request a hearing, the licensee (or their 
counsel or representative) must apply for and receive a digital ID 
certificate before a hearing request is filed so that they may obtain 
access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The electronic filing Help Desk can be contacted 
by telephone at 1-866-672-7640 or by e-mail at MHSD.Resource@nrc.gov.
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) first class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
participants are requested not to include copyrighted materials in 
their works.

    For the Nuclear Regulatory Commission.

    Dated this 23rd day of July, 2009.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E9-18212 Filed 7-29-09; 8:45 am]
BILLING CODE 7590-01-P
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