In the Matter of APINDE Inc., 39484-39486 [2023-12988]

Download as PDF 39484 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices In FR Doc. 2023–11367, beginning on page 34548 in the Federal Register of May 30, 2023, make the following corrections: 1. On page 34548, in the second column, the DATES section is corrected to read as follows: DATES: Thursday June 8, 2023, 9 a.m. to 4 p.m., Bethesda, MD. 2. On page 34548, in the second column, in the SUPPLEMENTARY INFORMATION section, correct the second sentence in the first paragraph to read as follows: The meeting includes the discussion of personnel regarding presidential candidates and the Director of National Intelligence, or her designee, in consultation with the ODNI Office of General Counsel, has determined the meeting will be closed to the public under the exemptions set forth in 5 U.S.C. 552b(c)(6) and 552b(c)(9)(B). 3. On page 34548, in the third column, in the SUPPLEMENTARY INFORMATION section, correct the ‘‘Purpose of the Meeting’’ paragraph to read as follows: I. Purpose of the Meeting: The Board will discuss critical issues and advise the Director of National Intelligence on the selection of the next President of the National Intelligence University. 4. On page 34548, in the third column, in the SUPPLEMENTARY INFORMATION section, correct the ‘‘Agenda’’ paragraph to read as follows: II. Agenda: Call to Order and Presidential Candidates (Personnel). SUPPLEMENTARY INFORMATION: Robert A. Newton, Committee Management Officer and Deputy Chief Operating Officer. [FR Doc. 2023–12984 Filed 6–15–23; 8:45 am] BILLING CODE P NUCLEAR REGULATORY COMMISSION [EA–20–123; NRC–2023–0103] In the Matter of APINDE Inc. Nuclear Regulatory Commission. ACTION: Order; modification. AGENCY: On May 11, 2023, the NRC staff issued an Order revoking APINDE Inc’s NRC license, effective 30 days from the date of the Order, due to a determination that the license was issued based on inaccurate information and in consideration that APINDE Inc. does not have a qualified Radiation Safety Officer (RSO). The license has been suspended since August 22, 2019, when the NRC staff, through an investigation by the NRC’s Office of ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 Investigations, first identified sufficient cause that the license had been issued based on inaccurate information and that APINDE Inc’s RSO was not qualified. In a September 10, 2019, letter, the APINDE Inc. President/CEO acknowledged errors in the license application and stated that corrective actions would be taken. Beyond this written response, APINDE Inc. did not take any steps to restore the requisite reasonable assurance that operations could be conducted in compliance with the Commission’s requirements and that the health and safety of the public would be protected. DATES: The Order was issued on May 11, 2023. ADDRESSES: Please refer to Docket ID NRC–2023–0103 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0103. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, 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 ‘‘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, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Marjorie McLaughlin, Region I, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 610–337–5240; email: Marjorie.Mclaughlin@nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated: June 8, 2023. For the Nuclear Regulatory Commission. Raymond K. Lorson, Regional Administrator, NRC Region I. Nuclear Regulatory Commission In the Matter of: APINDE Inc., Huntington, West Virginia, Docket No. 03039133, License No. 47–35507– 01, EA–20–123 Order Revoking License I APINDE Inc. (APINDE or Licensee) is the holder of Materials License No. 47– 35507–01, issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to Part 30 of Title 10 of the Code of Federal Regulations (10 CFR). The license authorizes possession and use of iridium-192 in sealed sources for use in industrial radiography operations and depleted uranium for use as shielding. The Licensee is located in Huntington, West Virginia, but the license also authorizes the company to perform work at temporary jobsites in all areas within NRC jurisdiction. The license, originally issued on January 9, 2019, has an expiration date of January 31, 2034. II In early 2019, the NRC Office of Investigations (OI) initiated an investigation, in part, to evaluate whether APINDE representatives had forged various documents in the license application related to the training and qualifications of the individual designated as the Radiation Safety Officer (RSO). Upon partial completion of the investigation, it was determined that the NRC had issued a license to APINDE based on inaccurate information from the applicant regarding the qualifications of the RSO, and that APINDE lacked a qualified RSO. Namely, in the initial license application dated October 10, 2018 (ML18297A261; nonpublic because it contains security-related information),1 and in a related correspondence dated November 26, 2018 (ML18347A473; nonpublic because it contains securityrelated information), APINDE submitted an inaccurate training certificate and inaccurate information regarding the 1 Designation in parentheses refers to an Agencywide Documents Access and Management System (ADAMS) accession number. Unless otherwise noted, documents referenced in this letter are publicly-available using the accession number in ADAMS. E:\FR\FM\16JNN1.SGM 16JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices recent radiography experience for the individual proposed to be named on the license as the RSO. Additionally, in a subsequent license amendment request dated June 12, 2019 (ML19178A216; nonpublic because it contains securityrelated information), APINDE requested to name a new RSO on the license but submitted an inaccurate training certificate for this individual as well. The NRC staff determined that there was sufficient cause to suspend APINDE’s license to prevent the company from obtaining/using licensed material due to the license having been issued based on inaccurate information and APINDE maintaining a radiography license without a qualified RSO. Consequently, on August 22, 2019, the NRC issued an Order Suspending APINDE’s NRC license (ML19234A068) based on the lack of reasonable assurance that APINDE’s operations could be conducted in compliance with the Commission’s requirements and that the health and safety of the public would be protected. In response to the suspension, APINDE submitted a written response (ML19263C669), signed by APINDE’s President/Chief Executive Officer (CEO), acknowledging the errors in the application and stating that APINDE would take corrective actions. Beyond this written response, APINDE did not take any steps to restore the requisite reasonable assurance that operations could be conducted in compliance with the Commission’s requirements and that the health and safety of the public would be protected. OI continued the investigation. After reviewing the investigation, the NRC staff concluded that APINDE provided inaccurate statements to the NRC in the initial APINDE license application about the recent radiography experience for the individual proposed to be the RSO and had provided an inaccurate training certificate for required RSO training. Additionally, in a subsequent license amendment request, APINDE requested NRC approval to name a new RSO on the license, but submitted an inaccurate training certificate for this individual as well. On March 19, 2019, the NRC conducted an inspection and verified APINDE did not possess any licensed material at their facility or at any other location. On December 31, 2022, the State of West Virginia annulled APINDE’s corporate status. III Given that the license was issued to APINDE based on inaccurate information and that APINDE still lacks a qualified RSO, the NRC staff is revoking APINDE’s NRC license, VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 effective 30 days from the date of this Order. Unless good cause is otherwise given within 30 days of the date of revocation, the staff will terminate the license. IV Accordingly, pursuant to Sections 81, 161b, 161c, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202, 170.41, 171.23, and 10 CFR part 30, it is hereby ordered that: A. License No. 47–35507–01 is revoked, effective 30 days from the date of this Order. B. After the license is revoked, the former Licensee may not resume previously-licensed operations until: a. the former Licensee has applied for and been issued a new license under 10 CFR part 30; and b. any debts to NRC, including the fee for the new license, have been paid in full. C. License No. 47–35507–01 will be terminated by the Commission unless good cause for not terminating the license is provided within 30 days of license revocation. The Director, Office of Enforcement, may relax or rescind, in writing, any of the above conditions upon a showing by the Licensee of good cause. A request for modification of the above conditions shall be submitted to the Director, Office of Enforcement, with a copy to the Regional Administrator, NRC Region I, in writing and under oath or affirmation and must be received within 30 days from the date of this Order. 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 its issuance. The answer shall be in writing and under oath or affirmation, and shall specifically admit or deny each allegation or charge made in this Order. The answer shall set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why this Order should not have been issued. Any answer shall be submitted to the Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications Staff, Washington, DC 20555–0001. Copies shall also be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; the Assistant General Counsel for Security and Enforcement at the same address; the Regional Administrator, NRC Region I, 475 Allendale Rd., Suite PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 39485 102, King of Prussia, PA 19406–1415, and to the Licensee if the answer is by a person other than the Licensee. In addition, the Licensee and any other persons adversely affected by this Order may request a hearing on this Order within 30 days of its issuance. 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 made in writing to the Director, Office of Enforcement, and include a statement of good cause for the extension. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his or her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If the Licensee or a person whose interest is adversely affected requests a hearing, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. A request for hearing must be filed in accordance with the NRC E-Filing rule, which became effective on October 15, 2007. The NRC E-Filing Final Rule was issued on August 28, 2007, (72 FR 49,139) and codified in pertinent part at 10 CFR part 2, subpart C. The E-Filing process requires participants in adjudicatory proceedings 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 an exemption in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five (5) days prior to the filing deadline the requestor must contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by calling (301) 415–1677, to request (1) a digital identification (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). 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 also is available on NRC’s public website at https://www.nrc.gov/ E:\FR\FM\16JNN1.SGM 16JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 39486 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Notices site-help/e-submittals/applycertificates.html. Once a requestor has obtained a digital ID certificate and downloaded the EIE viewer, and a docket has been created, the requestor can then submit a request for a hearing through the EIE. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public website at https:// www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its document through the EIE. To be timely, electronic filings must be submitted to the E-Filing system no later than 11:59 p.m. 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 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, 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 is filed so that they can obtain access to the document via the EFiling system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance though the ‘‘Contact Us’’ link located on the NRC website at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the NRC Electronic Filing Help Desk, which is available between 8 a.m. and 8 p.m., ET, Monday through Friday, excluding government holidays. The toll-free help line number is (866) 672–7640. A person filing electronically may also seek assistance by sending an email to the NRC Electronic Filing Help Desk at MSHD.Resource@nrc.gov. 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 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, ATTN: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, VerDate Sep<11>2014 17:43 Jun 15, 2023 Jkt 259001 Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, ATTN: 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:// adams.nrc.gov/ehd, 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, unless an NRC regulation or other law requires submission of such information. 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 submissions. VI In the absence of a request for hearing, or written approval of an extension of time in which to request a hearing, License No. 47–35507–01 shall be revoked and all other provisions in Part III of this Order shall be final within 30 days of the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions in Part V shall be final when the extension expires if a hearing request has not been received. VII Pursuant to 10 CFR 15.29, the Commission may not consider an application for a new license unless all of the applicant’s delinquent debts to the NRC have been paid in full. Failure to meet the requirements of this Order may subject the Licensee and its agents to civil penalties and criminal sanctions. For the Nuclear Regulatory Commission. /RA/ David L. Pelton, Director, Office of Enforcement. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Dated at Rockville, Maryland, This 11th day of May, 2023. [FR Doc. 2023–12988 Filed 6–15–23; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2023–0001] Sunshine Act Meetings Weeks of June 19, 26, July 3, 10, 17, 24, 2023. The schedule for Commission meetings is subject to change on short notice. The NRC Commission Meeting Schedule can be found on the internet at: https:// www.nrc.gov/public-involve/publicmeetings/schedule.html. PLACE: 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 Anne Silk, NRC Disability Program Specialist, at 301–287–0745, by videophone at 240–428–3217, or by email at Anne.Silk@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. STATUS: Public. Members of the public may request to receive the information in these notices electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555, at 301–415–1969, or by email at Wendy.Moore@nrc.gov. MATTERS TO BE CONSIDERED: TIME AND DATE: Week of June 19, 2023 Tuesday, June 20, 2023 9:00 a.m. Briefing on Results of the Agency Action Review Meeting (Public Meeting) (Contact: Nicole Fields: 630–829–9570) Additional Information: The meeting will be held in the Auditorium, 11545 Rockville Pike, Rockville, Maryland. The public is invited to attend the Commission’s meeting in person or watch live via webcast at the Web address—https://video.nrc.gov/. Week of June 26, 2023—Tentative There are no meetings scheduled for the week of June 26, 2023. Week of July 3, 2023—Tentative There are no meetings scheduled for the week of July 3, 2023. E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39484-39486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12988]


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NUCLEAR REGULATORY COMMISSION

[EA-20-123; NRC-2023-0103]


In the Matter of APINDE Inc.

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; modification.

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

SUMMARY: On May 11, 2023, the NRC staff issued an Order revoking APINDE 
Inc's NRC license, effective 30 days from the date of the Order, due to 
a determination that the license was issued based on inaccurate 
information and in consideration that APINDE Inc. does not have a 
qualified Radiation Safety Officer (RSO). The license has been 
suspended since August 22, 2019, when the NRC staff, through an 
investigation by the NRC's Office of Investigations, first identified 
sufficient cause that the license had been issued based on inaccurate 
information and that APINDE Inc's RSO was not qualified. In a September 
10, 2019, letter, the APINDE Inc. President/CEO acknowledged errors in 
the license application and stated that corrective actions would be 
taken. Beyond this written response, APINDE Inc. did not take any steps 
to restore the requisite reasonable assurance that operations could be 
conducted in compliance with the Commission's requirements and that the 
health and safety of the public would be protected.

DATES: The Order was issued on May 11, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0103 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0103. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, 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 ``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 [email protected]. 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, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marjorie McLaughlin, Region I, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 
610-337-5240; email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: June 8, 2023.

    For the Nuclear Regulatory Commission.
Raymond K. Lorson,
Regional Administrator, NRC Region I.

Nuclear Regulatory Commission

In the Matter of: APINDE Inc., Huntington, West Virginia, Docket No. 
03039133, License No. 47-35507-01, EA-20-123

Order Revoking License

I

    APINDE Inc. (APINDE or Licensee) is the holder of Materials License 
No. 47-35507-01, issued by the Nuclear Regulatory Commission (NRC or 
Commission) pursuant to Part 30 of Title 10 of the Code of Federal 
Regulations (10 CFR). The license authorizes possession and use of 
iridium-192 in sealed sources for use in industrial radiography 
operations and depleted uranium for use as shielding. The Licensee is 
located in Huntington, West Virginia, but the license also authorizes 
the company to perform work at temporary jobsites in all areas within 
NRC jurisdiction. The license, originally issued on January 9, 2019, 
has an expiration date of January 31, 2034.

II

    In early 2019, the NRC Office of Investigations (OI) initiated an 
investigation, in part, to evaluate whether APINDE representatives had 
forged various documents in the license application related to the 
training and qualifications of the individual designated as the 
Radiation Safety Officer (RSO). Upon partial completion of the 
investigation, it was determined that the NRC had issued a license to 
APINDE based on inaccurate information from the applicant regarding the 
qualifications of the RSO, and that APINDE lacked a qualified RSO. 
Namely, in the initial license application dated October 10, 2018 
(ML18297A261; nonpublic because it contains security-related 
information),\1\ and in a related correspondence dated November 26, 
2018 (ML18347A473; nonpublic because it contains security-related 
information), APINDE submitted an inaccurate training certificate and 
inaccurate information regarding the

[[Page 39485]]

recent radiography experience for the individual proposed to be named 
on the license as the RSO. Additionally, in a subsequent license 
amendment request dated June 12, 2019 (ML19178A216; nonpublic because 
it contains security-related information), APINDE requested to name a 
new RSO on the license but submitted an inaccurate training certificate 
for this individual as well.
---------------------------------------------------------------------------

    \1\ Designation in parentheses refers to an Agency-wide 
Documents Access and Management System (ADAMS) accession number. 
Unless otherwise noted, documents referenced in this letter are 
publicly-available using the accession number in ADAMS.
---------------------------------------------------------------------------

    The NRC staff determined that there was sufficient cause to suspend 
APINDE's license to prevent the company from obtaining/using licensed 
material due to the license having been issued based on inaccurate 
information and APINDE maintaining a radiography license without a 
qualified RSO. Consequently, on August 22, 2019, the NRC issued an 
Order Suspending APINDE's NRC license (ML19234A068) based on the lack 
of reasonable assurance that APINDE's operations could be conducted in 
compliance with the Commission's requirements and that the health and 
safety of the public would be protected. In response to the suspension, 
APINDE submitted a written response (ML19263C669), signed by APINDE's 
President/Chief Executive Officer (CEO), acknowledging the errors in 
the application and stating that APINDE would take corrective actions. 
Beyond this written response, APINDE did not take any steps to restore 
the requisite reasonable assurance that operations could be conducted 
in compliance with the Commission's requirements and that the health 
and safety of the public would be protected.
    OI continued the investigation. After reviewing the investigation, 
the NRC staff concluded that APINDE provided inaccurate statements to 
the NRC in the initial APINDE license application about the recent 
radiography experience for the individual proposed to be the RSO and 
had provided an inaccurate training certificate for required RSO 
training. Additionally, in a subsequent license amendment request, 
APINDE requested NRC approval to name a new RSO on the license, but 
submitted an inaccurate training certificate for this individual as 
well. On March 19, 2019, the NRC conducted an inspection and verified 
APINDE did not possess any licensed material at their facility or at 
any other location. On December 31, 2022, the State of West Virginia 
annulled APINDE's corporate status.

III

    Given that the license was issued to APINDE based on inaccurate 
information and that APINDE still lacks a qualified RSO, the NRC staff 
is revoking APINDE's NRC license, effective 30 days from the date of 
this Order. Unless good cause is otherwise given within 30 days of the 
date of revocation, the staff will terminate the license.

IV

    Accordingly, pursuant to Sections 81, 161b, 161c, 161i, 161o, 182, 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202, 170.41, 171.23, and 10 CFR 
part 30, it is hereby ordered that:
    A. License No. 47-35507-01 is revoked, effective 30 days from the 
date of this Order.
    B. After the license is revoked, the former Licensee may not resume 
previously-licensed operations until:
    a. the former Licensee has applied for and been issued a new 
license under 10 CFR part 30; and
    b. any debts to NRC, including the fee for the new license, have 
been paid in full.
    C. License No. 47-35507-01 will be terminated by the Commission 
unless good cause for not terminating the license is provided within 30 
days of license revocation.
    The Director, Office of Enforcement, may relax or rescind, in 
writing, any of the above conditions upon a showing by the Licensee of 
good cause. A request for modification of the above conditions shall be 
submitted to the Director, Office of Enforcement, with a copy to the 
Regional Administrator, NRC Region I, in writing and under oath or 
affirmation and must be received within 30 days from the date of this 
Order.

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 its issuance. The answer shall be in writing 
and under oath or affirmation, and shall specifically admit or deny 
each allegation or charge made in this Order. The answer shall set 
forth the matters of fact and law on which the Licensee or other person 
adversely affected relies and the reasons as to why this Order should 
not have been issued.
    Any answer shall be submitted to the Secretary, U.S. Nuclear 
Regulatory Commission, ATTN: Chief, Rulemakings and Adjudications 
Staff, Washington, DC 20555-0001. Copies shall also be sent to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; the Assistant General Counsel for Security 
and Enforcement at the same address; the Regional Administrator, NRC 
Region I, 475 Allendale Rd., Suite 102, King of Prussia, PA 19406-1415, 
and to the Licensee if the answer is by a person other than the 
Licensee.
    In addition, the Licensee and any other persons adversely affected 
by this Order may request a hearing on this Order within 30 days of its 
issuance. 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 made in writing to the Director, Office of Enforcement, 
and include a statement of good cause for the extension. If a person 
other than the Licensee requests a hearing, that person shall set forth 
with particularity the manner in which his or her interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.309(d) and (f).
    If the Licensee or a person whose interest is adversely affected 
requests a hearing, the Commission will issue an Order designating the 
time and place of any hearing. If a hearing is held, the issue to be 
considered at such hearing shall be whether this Order should be 
sustained.
    A request for hearing must be filed in accordance with the NRC E-
Filing rule, which became effective on October 15, 2007. The NRC E-
Filing Final Rule was issued on August 28, 2007, (72 FR 49,139) and 
codified in pertinent part at 10 CFR part 2, subpart C. The E-Filing 
process requires participants in adjudicatory proceedings 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 an exemption in accordance 
with the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by email at 
[email protected], or by calling (301) 415-1677, to request (1) a 
digital identification (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). 
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 also is available on NRC's public website 
at https://www.nrc.gov/

[[Page 39486]]

site-help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate and 
downloaded the EIE viewer, and a docket has been created, the requestor 
can then submit a request for a hearing through the EIE. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public website at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the filer submits its document through the EIE.
    To be timely, electronic filings must be submitted to the E-Filing 
system no later than 11:59 p.m. 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 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, 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 is filed so that they can obtain access to the 
document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance though the ``Contact Us'' link 
located on the NRC website at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Electronic Filing Help Desk, 
which is available between 8 a.m. and 8 p.m., ET, Monday through 
Friday, excluding government holidays. The toll-free help line number 
is (866) 672-7640. A person filing electronically may also seek 
assistance by sending an email to the NRC Electronic Filing Help Desk 
at [email protected].
    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 
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, ATTN: 
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, MD 
20852, ATTN: 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://adams.nrc.gov/ehd, 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, unless an NRC regulation or other law 
requires submission of such information. 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 submissions.

VI

    In the absence of a request for hearing, or written approval of an 
extension of time in which to request a hearing, License No. 47-35507-
01 shall be revoked and all other provisions in Part III of this Order 
shall be final within 30 days of the date of this Order without further 
order or proceedings. If an extension of time for requesting a hearing 
has been approved, the provisions in Part V shall be final when the 
extension expires if a hearing request has not been received.

VII

    Pursuant to 10 CFR 15.29, the Commission may not consider an 
application for a new license unless all of the applicant's delinquent 
debts to the NRC have been paid in full.
    Failure to meet the requirements of this Order may subject the 
Licensee and its agents to civil penalties and criminal sanctions.

    For the Nuclear Regulatory Commission.

/RA/

David L. Pelton,

Director, Office of Enforcement.

    Dated at Rockville, Maryland, This 11th day of May, 2023.

[FR Doc. 2023-12988 Filed 6-15-23; 8:45 am]
BILLING CODE 7590-01-P
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