EA-95-148 - Diamond H Testing Company

April 5, 1996
 
EA 95-148
 
Diamond H Testing Company
 ATTN: Pete J. Hanges, President
 4929 Yellowstone Avenue
 Chubbuck, Idaho 83202
 
SUBJECT: CIVIL PENALTY IMPOSED BY NRC ORDER DATED MARCH 5, 1996
 
Dear Mr. Hanges:
 
Regarding the above-captioned matter, enclosed is a settlement agreement which was executed by all parties on April 4, 1996.
 
If you have questions or comments concerning this document, please contact Mr. Joseph DelMedico of my staff at (301) 415-2739.
 
A copy of this letter and the enclosure will be placed in the NRC Public Document Room in accordance with 10 CFR 2.790.
 
 
 
 
 
Sincerely,
 Joseph R. Gray, Deputy Director
Office of Enforcement
 
 
 
Docket No. 030-32202
 License No. 11-27316-01
 
Enclosure: As stated
 
 
UNITED STATES OF AMERICA
 NUCLEAR REGULATORY COMMISSION
 BEFORE THE OFFICE OF ENFORCEMENT
 
 
 
In the Matter of
 
DIAMOND H TESTING COMPANY
 Pocatello, Idaho
 
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Docket No. 030-32202
 License No. 11-27316-01
 EA 95-148
 
 
 
SETTLEMENT AGREEMENT
 
1. By Order dated March 5, 1996, the Nuclear Regulatory Commission (NRC) imposed a civil monetary penalty in the amount of $5,000 against Diamond H Testing Company (Licensee) for violations occurring on June 14, 1995, involving a Licensee radiographer: (1) failure on two occasions to secure the sealed source in the shielded position following a radiographic exposure, as required by 10 CFR 34.22(a); (2) failure to conduct an adequate survey of the source guide tube following a radiographic exposure, as required by 10 CFR 34.43(b); and (3) failure to wear an alarm ratemeter while conducting radiographic operations, as required by 10 CFR 34.33(a).
 
2. The Licensee hereby admits the above violations, and desires to resolve this matter without litigating it. The Licensee agrees to remit the $5,000 civil penalty amount in three equal monthly payments, beginning with a payment of $1666.68 upon execution of this agreement and payments of $1666.66 due by or on the 30th day of each following month until paid in full. The NRC staff concludes that this Settlement Agreement best serves the interests of the public and the parties and the purposes of the Atomic Energy Act and the NRC's requirements.
 
3. The Licensee agrees that if any payment is not made within the agreed upon time, then the Licensee shall be in default, and payment of the full $5,000 civil penalty imposed by NRC Order dated March 5, 1996 shall be due immediately without further notice or Order.
 
4. The Licensee hereby waives any right to request a hearing on the March 5, 1996 Order Imposing Civil Monetary Penalty. The Licensee further waives any right to contest the payment of the $5,000 civil penalty should the Licensee default on the payment schedule agreed upon in Section 2.
 
5. The payments required by this settlement agreement shall be made
 
by check, draft, money order, or electronic transfer payable to the Treasurer of the United States and addressed to Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852-2738.
                                   U.S. NUCLEAR REGULATORY COMMISSION



                                  James Lieberman, Director     Date:
                                  Office of Enforcement




                                  DIAMOND H TESTING
                                  Pete J. Hanges, President    Date: 
 
 
EA 95-148
 
Diamond H Testing Company
 ATTN: Pete J. Hanges, President
 4929 Yellowstone Avenue 
 Chubbuck, Idaho 83202
 
SUBJECT: CIVIL PENALTY IMPOSED BY NRC ORDER DATED MARCH 5, 1996
 
Dear Mr. Hanges:
 
Regarding the above-captioned matter, enclosed is a settlement agreement which specifies the terms that you have agreed upon as discussed in a telephone conversation on April 3, 1996, between Ms. Ruth Hanges, representing Diamond H Testing Company, and Mr. Joseph DelMedico of this Office. This document has been executed and dated on behalf of the NRC staff.
 
In order to execute the agreement, you should sign on behalf of Diamond H Testing in the space provided, date your signature, and transmit a facsimile copy of the signed document to this office at (301) 415-3431. You should then return the signed original document, together with the $1,666.68 initial payment, to be paid or postmarked by or on April 5, 1996, made payable to the Treasurer of the United States, to Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852-2738. Please note that by accepting this agreement, you waive your right to a hearing to contest the civil penalty.
 
If you have questions or comments concerning this document, please contact Mr. Joseph DelMedico of my staff at (301) 415-2739.
 
A copy of this letter and the enclosure will be placed in the NRC Public Document Room in accordance with 10 CFR 2.790.
 
 
 
 
 
Sincerely,
 James Lieberman, Director
 Office of Enforcement
 
 
 
Docket No. 030-32202 
License No. 11-27316-01
 
Enclosure: As stated