In the Matter of Somascan Incorporated, 31087-31089 [2017-14069]
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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
[FR Doc. 2017–13112 Filed 7–3–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2017–0001]
Sunshine Act Meeting
Weeks of July 3, 10, 17, 24, 31,
August 7, 2017.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
DATE:
reasonable accommodation will be
made on a case-by-case basis.
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Members of the public may request to
receive this information electronically.
If you would like to be added to the
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or email
Brenda.Akstulewicz@nrc.gov or
Patricia.Jimenez@nrc.gov.
Dated: June 30, 2017.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2017–14226 Filed 6–30–17; 4:15 pm]
BILLING CODE 7590–01–P
Week of July 3, 2017
There are no meetings scheduled for
the week of July 3, 2017.
Week of July 10, 2017—Tentative
There are no meetings scheduled for
the week of July 10, 2017.
NUCLEAR REGULATORY
COMMISSION
[Docket No. 03036194; EA–16–255; NRC–
2017–0155]
Week of July 17, 2017—Tentative
In the Matter of Somascan
Incorporated
There are no meetings scheduled for
the week of July 17, 2017.
AGENCY:
Week of July 24, 2017—Tentative
There are no meetings scheduled for
the week of July 24, 2017.
Week of July 31, 2017—Tentative
There are no meetings scheduled for
the week of July 31, 2017.
sradovich on DSK3GMQ082PROD with NOTICES
Week of August 7, 2017—Tentative
There are no meetings scheduled for
the week of August 7, 2017.
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The schedule for Commission
meetings is subject to change on short
notice. For more information or to verify
the status of meetings, contact Denise
McGovern at 301–415–0681 or via email
at Denise.McGovern@nrc.gov.
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
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The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0739, by
videophone at 240–428–3217, or by
email at Kimberly.Meyer-Chambers@
nrc.gov. Determinations on requests for
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Nuclear Regulatory
Commission.
ACTION: Imposition order; issuance.
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
Imposition Order to Somascan
Incorporated, imposing a civil penalty
of $7,000. On April 5, 2017, the NRC
issued a Notice of Violation and
Proposed Imposition of Civil Penalty—
$7,000 to Somascan Incorporated, for
failing to comply with regulatory
requirements regarding the
decommissioning of its site and
securing the licensed material that is
stored in an unrestricted area.
DATES: The Imposition Order was issued
on June 27, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2017–0155 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0155. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
questions about this Imposition Order,
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section of
this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
SUMMARY:
PO 00000
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31087
https://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 (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• 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: 301–287–9249; email:
Leelavathi.Sreenivas@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Imposition Order is attached.
Dated at Rockville, Maryland, this 27th of
June, 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY
COMMISSION
In the Matter of Somascan Incorporated
San Juan, Puerto Rico
Docket No. 03036194
License No. 52–25617–01 (expired)
EA–16–255
ORDER IMPOSING CIVIL MONETARY
PENALTY
I.
Somascan, Inc. (Somascan or the
Licensee) is the holder of expired
Materials License No. 52–25617–01
issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) on
April 16, 2003, pursuant to Part 30 of
Title 10 of the Code of Federal
Regulations (10 CFR). Somascan was a
private outpatient medical licensee
authorized to possess and use
radiopharmaceuticals and sealed
sources for diagnostic and therapeutic
medical procedures permitted by 10
CFR 35.100, 35.200, 35.300, 35.400, and
35.500; and pre-packaged kits
authorized by 10 CFR 31.11.
II.
Onsite inspections of Somascan’s
activities were conducted between
December 10, 2014 and November 16,
2016. The results of these inspections
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Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
indicated that Somascan had not
conducted its activities in full
compliance with NRC requirements, in
that Somascan has neither begun nor
completed decommissioning within the
timeframes required by NRC regulations
in 10 CFR 30.36(d) and 30.36(h) or
secured from unauthorized removal or
access licensed material that is stored in
an unrestricted area. As a result, on
April 5, 2017, a written Notice of
Violation and Proposed Imposition of
Civil Penalty (Notice) was issued to
Somascan (ADAMS Accession No.
ML17094A537). The Notice states the
nature of the violations, the provisions
of the NRC’s requirements that
Somascan violated, and the amount of
the civil penalty proposed for the
violations. As of the date of this Order,
Somascan has not responded to the
Notice.
III.
The NRC staff has determined that the
violations occurred as stated and that
the penalty proposed for the violations
designated in the Notice should be
imposed. In reaching this
determination, the NRC staff considered
that Somascan allowed its license to
expire on April 30, 2013, and was
previously informed that an expired
license precluded Somascan from
performing any licensed activities
except those required for securing
licensed radioactive material and
decommissioning. Additionally,
Somascan was informed of the need to
properly dispose of its radioactive
material and to request termination of
its license. To date, Somascan has not
acknowledged the Notice and has not
taken any action to address the
violations.
sradovich on DSK3GMQ082PROD with NOTICES
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 a civil penalty
in the amount of $7,000 within 30 days
of the issuance date of this Order, in
accordance with NUREG/BR–0254,
‘‘Payment Methods’’ (see https://
www.nrc.gov/reading-rm/doccollections/nuregs/brochures/br0254/).
In addition, at the time payment is
made, Somascan 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.
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V.
In accordance with 10 CFR 2.205(d),
Somascan and any other person
adversely affected by this Order may
request a hearing on this Order within
30 days of the issuance date of this
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
(hereinafter ‘‘petition’’), and documents
filed by interested governmental entities
participating under 10 CFR 2.315(c),
must be filed in accordance with the
NRC E-Filing rule (72 FR 49139, August
28, 2007, as amended at 77 FR 46562,
August 3, 2012). 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.
Detailed guidance on making electronic
submissions may be found in the
Guidance for Electronic Submissions to
the NRC and on the NRC’s Web site at
https://www.nrc.gov/site-help/
esubmittals.html. 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 ten
(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 (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (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 the
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NRC’s Public Web site at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
Public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the documents 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 on the due date.
Upon receipt of a transmission, the EFiling 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 document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s Public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call to 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have 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 stating why there is good cause for
not filing electronically and 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
E:\FR\FM\05JYN1.SGM
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices
Secretary, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
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. 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 https://
adams.nrc.gov/ehd/, unless excluded
pursuant to an Order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘Cancel’’
when the link requests certificates and
you will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. 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. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. 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
submission.
If a person other than Somascan
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
Somascan or a person whose interest is
adversely affected, 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 alternative dispute resolution
(ADR), or written approval of an
extension of time in which to request a
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17:57 Jul 03, 2017
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hearing or ADR, the provisions specified
in Section IV above shall be final 30
days from the date of this Order without
further order or proceedings. If an
extension of time for requesting a
hearing or ADR has been approved, the
provisions specified in Section IV shall
be final when the extension expires if a
hearing or ADR request has not been
received. If ADR is requested, the
provisions specified in Section IV shall
be final upon termination of an ADR
process that did not result in issuance
of an Order. If payment has not been
made by the time specified above, the
matter may be referred to the Attorney
General for collection.
Dated at Rockville, Maryland, this 27th day
of June 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
[FR Doc. 2017–14069 Filed 7–3–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2017–0152]
Biweekly Notice; Applications and
Amendments to Facility Operating
Licenses and Combined Licenses
Involving No Significant Hazards
Considerations
Nuclear Regulatory
Commission.
ACTION: Biweekly notice.
AGENCY:
Pursuant to Section 189a.(2)
of the Atomic Energy Act of 1954, as
amended (the Act), the U.S. Nuclear
Regulatory Commission (NRC) is
publishing this regular biweekly notice.
The Act requires the Commission to
publish notice of any amendments
issued, or proposed to be issued, and
grants the Commission the authority to
issue and make immediately effective
any amendment to an operating license
or combined license, as applicable,
upon a determination by the
Commission that such amendment
involves no significant hazards
consideration, notwithstanding the
pendency before the Commission of a
request for a hearing from any person.
This biweekly notice includes all
notices of amendments issued, or
proposed to be issued, from June 3, 2017
to June 19, 2017. The last biweekly
notice was published on June 19, 2017.
DATES: Comments must be filed by
August 4, 2017. A request for a hearing
must be filed by September 5, 2017.
ADDRESSES: You may submit comments
by any of the following methods (unless
SUMMARY:
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31089
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0152. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
TWFN–8–D36M, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Kay
Goldstein, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–1506, email:
Kay.Goldstein@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2017–
0152, facility name, unit number(s),
plant docket number, application date,
and subject when contacting the NRC
about the availability of information for
this action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0152.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://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 (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
E:\FR\FM\05JYN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31087-31089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14069]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 03036194; EA-16-255; NRC-2017-0155]
In the Matter of Somascan Incorporated
AGENCY: Nuclear Regulatory Commission.
ACTION: Imposition order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Imposition Order to Somascan Incorporated, imposing a civil penalty of
$7,000. On April 5, 2017, the NRC issued a Notice of Violation and
Proposed Imposition of Civil Penalty--$7,000 to Somascan Incorporated,
for failing to comply with regulatory requirements regarding the
decommissioning of its site and securing the licensed material that is
stored in an unrestricted area.
DATES: The Imposition Order was issued on June 27, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0155 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0155. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For questions about this
Imposition Order, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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 (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
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: 301-287-9249; email: Leelavathi.Sreenivas@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Imposition Order is
attached.
Dated at Rockville, Maryland, this 27th of June, 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of Somascan Incorporated
San Juan, Puerto Rico
Docket No. 03036194
License No. 52-25617-01 (expired)
EA-16-255
ORDER IMPOSING CIVIL MONETARY PENALTY
I.
Somascan, Inc. (Somascan or the Licensee) is the holder of expired
Materials License No. 52-25617-01 issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) on April 16, 2003, pursuant to Part 30
of Title 10 of the Code of Federal Regulations (10 CFR). Somascan was a
private outpatient medical licensee authorized to possess and use
radiopharmaceuticals and sealed sources for diagnostic and therapeutic
medical procedures permitted by 10 CFR 35.100, 35.200, 35.300, 35.400,
and 35.500; and pre-packaged kits authorized by 10 CFR 31.11.
II.
Onsite inspections of Somascan's activities were conducted between
December 10, 2014 and November 16, 2016. The results of these
inspections
[[Page 31088]]
indicated that Somascan had not conducted its activities in full
compliance with NRC requirements, in that Somascan has neither begun
nor completed decommissioning within the timeframes required by NRC
regulations in 10 CFR 30.36(d) and 30.36(h) or secured from
unauthorized removal or access licensed material that is stored in an
unrestricted area. As a result, on April 5, 2017, a written Notice of
Violation and Proposed Imposition of Civil Penalty (Notice) was issued
to Somascan (ADAMS Accession No. ML17094A537). The Notice states the
nature of the violations, the provisions of the NRC's requirements that
Somascan violated, and the amount of the civil penalty proposed for the
violations. As of the date of this Order, Somascan has not responded to
the Notice.
III.
The NRC staff has determined that the violations occurred as stated
and that the penalty proposed for the violations designated in the
Notice should be imposed. In reaching this determination, the NRC staff
considered that Somascan allowed its license to expire on April 30,
2013, and was previously informed that an expired license precluded
Somascan from performing any licensed activities except those required
for securing licensed radioactive material and decommissioning.
Additionally, Somascan was informed of the need to properly dispose of
its radioactive material and to request termination of its license. To
date, Somascan has not acknowledged the Notice and has not taken any
action to address the violations.
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 a civil penalty in the amount of $7,000
within 30 days of the issuance date of this Order, in accordance with
NUREG/BR-0254, ``Payment Methods'' (see https://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0254/). In addition, at the time
payment is made, Somascan 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 2.205(d), Somascan and any other person
adversely affected by this Order may request a hearing on this Order
within 30 days of the issuance date of this 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 (hereinafter
``petition''), and documents filed by interested governmental entities
participating under 10 CFR 2.315(c), must be filed in accordance with
the NRC E-Filing rule (72 FR 49139, August 28, 2007, as amended at 77
FR 46562, August 3, 2012). 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC's Web site at
https://www.nrc.gov/site-help/esubmittals.html. 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
ten (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 (1) request a digital
identification (ID) certificate, which allows the participant (or its
counsel or representative) to digitally sign submissions and access the
E-Filing system for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
petition or other adjudicatory document (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 the NRC's Public Web site at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's Public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the documents 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 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
Public Web site at https://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call to 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
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
[[Page 31089]]
Secretary, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff. Participants filing adjudicatory
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. 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
https://adams.nrc.gov/ehd/, unless excluded pursuant to an Order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``Cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
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. For example, in some instances,
individuals provide home addresses in order to demonstrate proximity to
a facility or site. 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 submission.
If a person other than Somascan 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 Somascan
or a person whose interest is adversely affected, 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 alternative dispute
resolution (ADR), or written approval of an extension of time in which
to request a hearing or ADR, the provisions specified in Section IV
above shall be final 30 days from the date of this Order without
further order or proceedings. If an extension of time for requesting a
hearing or ADR has been approved, the provisions specified in Section
IV shall be final when the extension expires if a hearing or ADR
request has not been received. If ADR is requested, the provisions
specified in Section IV shall be final upon termination of an ADR
process that did not result in issuance of an Order. If payment has not
been made by the time specified above, the matter may be referred to
the Attorney General for collection.
Dated at Rockville, Maryland, this 27th day of June 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
[FR Doc. 2017-14069 Filed 7-3-17; 8:45 am]
BILLING CODE 7590-01-P
