In the Matter of Centro de Medicina Nuclear, 21303-21305 [2014-08531]

Download as PDF Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Notices Dated at Rockville, Maryland, this 8th day of April, 2014. For the Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2014–08546 Filed 4–14–14; 8:45 am] Dated at Rockville, Maryland, this 8th day of April 2014. For the Nuclear Regulatory Commission. Roy P. Zimmerman, Director, Office of Enforcement. BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION In the Matter of Centro de Medicina Nuclear, Santurce, Puerto Rico, Docket No. 03031963, License No. 52–25127–01, EA– 13–059 [EA–13–059; NRC–2014–0084] In the Matter of Centro de Medicina Nuclear Order Imposing Civil Monetary Penalty Nuclear Regulatory Commission. ACTION: Order; issuance. AGENCY: I The U.S. Nuclear Regulatory Commission (NRC) is issuing an order imposing civil monetary penalty of $7,000 to Centro de Medicina Nuclear. The order requires Centro de Medicina Nuclear to pay the civil penalty or request a hearing within 30 days of the date of the Order. DATES: Effective Date: See attachment. ADDRESSES: Please refer to Docket ID NRC–2014–0084 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0084. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:06 Apr 14, 2014 White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Leelavathi Sreenivas, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555– 0001; telephone: 301–415–1285, email: Leelavathi.Sreenivas@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Jkt 232001 Centro de Medicina Nuclear (Licensee) is the former holder of Materials License 52–25127–01, issued by the U.S. Nuclear Regulatory Commission (NRC) on November 30, 1990. The license had authorized the Licensee to possess and use unsealed byproduct material for medical uses and sealed sources for instrument calibration in accordance with the conditions specified therein. The Licensee was issued an NRC Order Revoking License on August 7, 2012, for non-payment of the NRC annual license fee. The Order specified that if the fee was not paid within 20 days, the license was to be revoked and the Licensee was to perform a number of actions. Because the Licensee did not pay the fee within the allotted timeframe, the license was, in fact, revoked on August 28, 2012. II The Licensee was required to either pay the fee or respond to the Order by August 28, 2012, and to perform specified actions toward initiating site decommissioning which included: (1) Arranging for disposal or transfer of any licensed material possessed under the license; (2) within 5 days after disposal, providing the NRC written reports describing how, where, and when such disposition took place; (3) within 60 days from the date of revocation, initiating site decommissioning; and (4) no later than the date of revocation, submitting to the NRC a written report that includes: (a) A listing of all licensed materials disposed of, transferred, or still in possession; (b) a description of the conditions of storage of retained materials and actions being taken to control access to the material; and (c) for any licensed material not disposed of or PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 21303 transferred, a description of the actions taken to attempt to dispose of or transfer the licensed material and why those actions were unsuccessful. After the Licensee did not respond to the Order, an NRC inspector visited the site on January 17, 2013, and confirmed that the Licensee’s radioactive sources were secure. During that visit, the Licensee representative informed the inspector that the Licensee had no specific timeframes planned to take the actions required by the Order. In a May 16, 2013, letter, the NRC documented the observations from the January site visit, and provided the Licensee 30 additional days to take the actions required by the Order (initiating site decommissioning and submitting a written report with the status of CDM’s licensed materials and actions taken to dispose of or transfer the materials). Based on the Licensee’s subsequent failure to respond to either the NRC letter or to telephone messages left by NRC staff, the NRC concluded that the Licensee continued to be in violation of NRC requirements. III The NRC served a written Notice of Violation and Proposed Imposition of Civil Penalty (Notice), stating the violation and the amount of the civil penalty proposed for the violation upon the Licensee by letter dated November 5, 2013. A response to the Notice was required within 60 days of the date of the letter transmitting the Notice (i.e., by January 4, 2014). However, the NRC also informed the Licensee that if it transferred or disposed of its licensed material within those 60 days, the NRC would forgo imposition of any civil penalty. After the Licensee did not respond to the Notice, an NRC inspector visited the facility on January 29, 2014, and again ascertained that the licensed material inventory was unchanged and verified that the material was properly secured. NRC staff also participated in a telephone conversation with a Licensee representative on January 29, 2014, during which the Licensee representative stated that he had been granted power of attorney over the affairs of the Licensee owner, and had only recently been made aware of the NRC enforcement action. The Licensee representative agreed to obtain cost estimates for disposal of the licensed material. During subsequent conversations on February 24, 2014, the Licensee informed the NRC that it had not disposed of the licensed material because CDM did not have sufficient funds to do so. E:\FR\FM\15APN1.SGM 15APN1 21304 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Notices The Licensee remained in possession of the licensed material after January 4, 2014 and has also not paid the civil penalty. Accordingly, the NRC staff has determined that the proposed penalty for the violation designated in the Notice should be imposed, in the amount of $7,000. 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 $7,000 within 30 days of the date of this Order, 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 Flint North, 11555 Rockville Pike, Rockville, MD 20852–2738. mstockstill on DSK4VPTVN1PROD with NOTICES V In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order within 30 days of the date of this Order. In addition, the Licensee may demand a hearing on all or part of this Order. Any other person adversely affected by this Order may request a hearing on this Order within 30 days of the date of the Order. Where good cause is shown, consideration will be given to extending the time to answer or 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. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC’s E-Filing rule (72 FR 49139; August 28, 2007, as amended by 77 FR 46562; August 3, 2012), codified in pertinent part at 10 CFR Part 2, Subpart C. The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek VerDate Mar<15>2010 18:06 Apr 14, 2014 Jkt 232001 an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 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 proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the NRC’s public Web site at http://www.nrc.gov/sitehelp/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form available from the NRC’s Electronic Information Exchange (EIE) system. In order to serve documents through EIE, users will be required to install a Web browser plugin from the NRC Web site. Further information on the Web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene through the EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 NRC’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC’s Office of the General Counsel and any 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 documents on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public Web site at http:// www.nrc.gov/site-help/esubmittals.html, by email at MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, 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 firstclass mail as of the time of deposit in the mail, or by courier, express mail, or E:\FR\FM\15APN1.SGM 15APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Notices expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket, which is available to the public at http:// ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the Commission, or the 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, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, participants are requested not to include copyrighted materials in their submission, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by a Licensee or an adversely affected person that meets the criteria above, the Commission will issue an Order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. In the absence of any request for a hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 30 days from the date of issuance without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. If payment has not been made by the time specified above, the matter may be referred to the Attorney General for further action, including collection. Dated at Rockville, Maryland, this 8th day of April 2014. For the Nuclear Regulatory Commission. Roy P. Zimmerman VerDate Mar<15>2010 18:06 Apr 14, 2014 Jkt 232001 21305 Director, Office of Enforcement. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–08531 Filed 4–14–14; 8:45 am] Deepak T. Pai, Senior Counsel, at (202) 551–6876 or Mary Kay Frech, Branch Chief, at (202) 551–6821 (Division of Investment Management, Chief Counsel’s Office). SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained via the Commission’s Web site by searching for the file number, or an applicant using the Company name box, at http:// www.sec.gov/search/search.htm or by calling (202) 551–8090. BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Investment Company Act Release No. 31013; File No. 812–14210] Ivy Funds, et al.; Notice of Application April 10, 2014. Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of an application under section 6(c) of the Investment Company Act of 1940 (‘‘Act’’) for an exemption from section 15(a) of the Act and rule 18f–2 under the Act, as well as from certain disclosure requirements. AGENCY: Applicants’ Representations 1. Ivy Trust, WR Trust, and Ivy VIP Trust are organized as Delaware statutory trusts and are registered under the Act as open-end management investment companies. Each Trust offers Summary of Application: Applicants multiple series (each a ‘‘Fund’’ and request an order that would permit them together the ‘‘Funds’’), each with its to enter into and materially amend own investment objectives, policies, and subadvisory agreements without restrictions.1 shareholder approval and would grant 2. IICO and WRIMCO, wholly owned relief from certain disclosure subsidiaries of Waddell & Reed requirements. Financial Inc., are registered as Applicants: Ivy Funds (‘‘Ivy Trust’’), investment advisers under the Waddell & Reed Advisors Funds (‘‘WR Investment Advisers Act of 1940 Trust’’), and Ivy Funds Variable (‘‘Advisers Act’’). IICO serves as the Insurance Portfolios (‘‘Ivy VIP Trust’’) investment adviser to each Fund of Ivy (each, a ‘‘Trust,’’ and collectively, the Trust and WRIMCO serves as ‘‘Trusts’’); Ivy Investment Management investment adviser to each Fund of WR Company (‘‘IICO’’), and Waddell & Reed Trust and Ivy VIP Trust. Each Adviser Investment Management Company serves as investment adviser to the (‘‘WRIMCO’’) (each, an ‘‘Adviser,’’ and Funds pursuant to an investment collectively, the ‘‘Advisers’’). advisory agreement between the Adviser DATES: Filing Dates: The application was and the applicable Trust (the ‘‘Advisory filed on September 10, 2013 and Agreements’’), approved by the board of amended on January 24, 2014 and April trustees of the applicable Trust (each a 3, 2014. ‘‘Board’’),2 including a majority of the Hearing or Notification of Hearing: An trustees who are not ‘‘interested order granting the application will be persons,’’ as defined in section 2(a)(19) issued unless the Commission orders a of the Act, of the Trust, the Adviser, or hearing. Interested persons may request any Subadviser (as defined below) (the a hearing by writing to the Commission’s Secretary and serving 1 Applicants also request relief with respect to applicants with a copy of the request, any future series of each Trust and any other existing or future registered open-end management personally or by mail. Hearing requests investment company or series thereof that: (a) Is should be received by the Commission advised by either of the Advisers, including any by 5:30 p.m. on May 5, 2014, and entity controlling, controlled by or under common control with either of the Advisers or their should be accompanied by proof of service on the applicants, in the form of successors (included in the term ‘‘Adviser’’); (b) uses the manager of managers structure (‘‘Manager an affidavit or, for lawyers, a certificate of Managers Structure’’) described in the of service. Hearing requests should state application; and (c) complies with the terms and conditions of the application. The only existing the nature of the writer’s interest, the registered open-end management investment reason for the request, and the issues companies that currently may rely on the requested contested. Persons who wish to be order are named as applicants. For purposes of the notified of a hearing may request requested order, ‘‘successor’’ is limited to any entity that results from a reorganization into another notification by writing to the jurisdiction or a change in the type of business Commission’s Secretary. organization. If the name of any Fund contains the ADDRESSES: Secretary, U.S. Securities name of a Subadviser (as defined below), the name and Exchange Commission, 100 F Street of the Adviser, or a trademark or trade name that is owned by the Adviser, will precede the name of NE., Washington, DC 20549–1090. the Subadviser. Applicants: Waddell & Reed Investment 2 The term ‘‘Board’’ also includes the board of Management Company, 6300 Lamar trustees or directors of a future Trust and future Fund, if different. Avenue, Overland Park, Kansas 66202. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\15APN1.SGM 15APN1

Agencies

[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Pages 21303-21305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08531]


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NUCLEAR REGULATORY COMMISSION

[EA-13-059; NRC-2014-0084]


In the Matter of Centro de Medicina Nuclear

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
order imposing civil monetary penalty of $7,000 to Centro de Medicina 
Nuclear. The order requires Centro de Medicina Nuclear to pay the civil 
penalty or request a hearing within 30 days of the date of the Order.

DATES: Effective Date: See attachment.

ADDRESSES: Please refer to Docket ID NRC-2014-0084 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0084. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Leelavathi Sreenivas, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555-
0001; telephone: 301-415-1285, email: Leelavathi.Sreenivas@nrc.gov.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 8th day of April 2014.

    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.

In the Matter of Centro de Medicina Nuclear, Santurce, Puerto Rico, 
Docket No. 03031963, License No. 52-25127-01, EA-13-059

Order Imposing Civil Monetary Penalty

I

    Centro de Medicina Nuclear (Licensee) is the former holder of 
Materials License 52-25127-01, issued by the U.S. Nuclear Regulatory 
Commission (NRC) on November 30, 1990. The license had authorized the 
Licensee to possess and use unsealed byproduct material for medical 
uses and sealed sources for instrument calibration in accordance with 
the conditions specified therein. The Licensee was issued an NRC Order 
Revoking License on August 7, 2012, for non-payment of the NRC annual 
license fee. The Order specified that if the fee was not paid within 20 
days, the license was to be revoked and the Licensee was to perform a 
number of actions. Because the Licensee did not pay the fee within the 
allotted timeframe, the license was, in fact, revoked on August 28, 
2012.

II

    The Licensee was required to either pay the fee or respond to the 
Order by August 28, 2012, and to perform specified actions toward 
initiating site decommissioning which included: (1) Arranging for 
disposal or transfer of any licensed material possessed under the 
license; (2) within 5 days after disposal, providing the NRC written 
reports describing how, where, and when such disposition took place; 
(3) within 60 days from the date of revocation, initiating site 
decommissioning; and (4) no later than the date of revocation, 
submitting to the NRC a written report that includes: (a) A listing of 
all licensed materials disposed of, transferred, or still in 
possession; (b) a description of the conditions of storage of retained 
materials and actions being taken to control access to the material; 
and (c) for any licensed material not disposed of or transferred, a 
description of the actions taken to attempt to dispose of or transfer 
the licensed material and why those actions were unsuccessful.
    After the Licensee did not respond to the Order, an NRC inspector 
visited the site on January 17, 2013, and confirmed that the Licensee's 
radioactive sources were secure. During that visit, the Licensee 
representative informed the inspector that the Licensee had no specific 
timeframes planned to take the actions required by the Order. In a May 
16, 2013, letter, the NRC documented the observations from the January 
site visit, and provided the Licensee 30 additional days to take the 
actions required by the Order (initiating site decommissioning and 
submitting a written report with the status of CDM's licensed materials 
and actions taken to dispose of or transfer the materials). Based on 
the Licensee's subsequent failure to respond to either the NRC letter 
or to telephone messages left by NRC staff, the NRC concluded that the 
Licensee continued to be in violation of NRC requirements.

III

    The NRC served a written Notice of Violation and Proposed 
Imposition of Civil Penalty (Notice), stating the violation and the 
amount of the civil penalty proposed for the violation upon the 
Licensee by letter dated November 5, 2013. A response to the Notice was 
required within 60 days of the date of the letter transmitting the 
Notice (i.e., by January 4, 2014). However, the NRC also informed the 
Licensee that if it transferred or disposed of its licensed material 
within those 60 days, the NRC would forgo imposition of any civil 
penalty.
    After the Licensee did not respond to the Notice, an NRC inspector 
visited the facility on January 29, 2014, and again ascertained that 
the licensed material inventory was unchanged and verified that the 
material was properly secured. NRC staff also participated in a 
telephone conversation with a Licensee representative on January 29, 
2014, during which the Licensee representative stated that he had been 
granted power of attorney over the affairs of the Licensee owner, and 
had only recently been made aware of the NRC enforcement action. The 
Licensee representative agreed to obtain cost estimates for disposal of 
the licensed material. During subsequent conversations on February 24, 
2014, the Licensee informed the NRC that it had not disposed of the 
licensed material because CDM did not have sufficient funds to do so.

[[Page 21304]]

    The Licensee remained in possession of the licensed material after 
January 4, 2014 and has also not paid the civil penalty. Accordingly, 
the NRC staff has determined that the proposed penalty for the 
violation designated in the Notice should be imposed, in the amount of 
$7,000.

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 $7,000 within 30 
days of the date of this Order, 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 Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.

V

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 30 days of the date of this Order. In addition, the 
Licensee may demand a hearing on all or part of this Order. Any other 
person adversely affected by this Order may request a hearing on this 
Order within 30 days of the date of the Order. Where good cause is 
shown, consideration will be given to extending the time to answer or 
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.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007, as amended by 77 FR 46562; August 3, 2012), codified 
in pertinent part at 10 CFR Part 2, Subpart C. The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 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 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for 
hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to 
use other software not listed on the Web site, but should note that the 
NRC's E-Filing system does not support unlisted software, and the NRC 
Meta System Help Desk will not be able to offer assistance in using 
unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form available 
from the NRC's Electronic Information Exchange (EIE) system. In order 
to serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene through the EIE. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC's Office of the General 
Counsel and any 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 documents on those participants separately. Therefore, 
any others who wish to participate in the proceeding (or their counsel 
or representative) must apply for and receive a digital ID certificate 
before a hearing request/petition to intervene is filed so that they 
can obtain access to the document via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET, 
Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, 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

[[Page 21305]]

expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the 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, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, participants are requested not to include 
copyrighted materials in their submission, except for limited excerpts 
that serve the purpose of the adjudicatory filings and would constitute 
a Fair Use application.
    If a person other than the Licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a Licensee or an adversely affected 
person that meets the criteria above, the Commission will issue an 
Order designating the time and place of any hearings. If a hearing is 
held, the issue to be considered at such hearing shall be whether this 
Order should be sustained. In the absence of any request for a hearing, 
or written approval of an extension of time in which to request a 
hearing, the provisions specified in Section IV above shall be final 30 
days from the date of issuance without further order or proceedings. If 
an extension of time for requesting a hearing has been approved, the 
provisions specified in Section IV shall be final when the extension 
expires if a hearing request has not been received. If payment has not 
been made by the time specified above, the matter may be referred to 
the Attorney General for further action, including collection.
    Dated at Rockville, Maryland, this 8th day of April 2014.

    For the Nuclear Regulatory Commission.

Roy P. Zimmerman
Director, Office of Enforcement.
[FR Doc. 2014-08531 Filed 4-14-14; 8:45 am]
BILLING CODE 7590-01-P