EA-96-009 - Applied Health Physics, Inc.
April 17, 1998
Docket Nos. 030-10859; 030-06198
License Nos. 37-14600-01;37-09135-01
EA-96-009
Robert G. Gallaghar
President and CEO
Applied Health Physics, Inc.
2986 Industrial Boulevard
Bethel Park, PA 15102
| SUBJECT: | RESCISSION OF CONFIRMATORY ORDER (EFFECTIVE IMMEDIATELY), DATED MARCH 29, 1996 |
Dear Mr. Gallaghar:
This letter refers to the Confirmatory Order issued on March 29, 1996,
and the letter from Applied Health Physics (AHP) to the NRC dated March
11, 1998, requesting relaxation of that portion of the Order which suspended
your authorization to receive prepackaged radioactive waste at your Bethel
Park, PA facility. The Order required, in addition to this suspension,
that: (1) you dispose of the radioactive waste as specified in your disposal
schedule dated February 19, 1996, as amended by your facsimiles dated
February 23 and March 15, 1996; (2) you dispose of the radioactive waste
in containers W-1995-010, W-1995-050 through W-1995-062, S-1995-002, and
S-1995-007 through S-1995-010, by December 31, 1996; (3) you establish
an escrow account within 30 days of the date of this Order to provide
financial assurance for waste handling and disposal of the waste; (4)
you inform the NRC of the name, address and location of the escrow agent;
(5) all revenues coming from customers for waste brokerage be delivered
into escrow within seven business days; and (6) you provide the NRC with
monthly bank account statements pertaining to the escrow account.
In our letter to you dated March 24, 1998, we indicated that we were denying
your request for relaxation of the Order due to your inability to obtain
the insurance required by the State of South Carolina. The March 24, 1998
letter also stated that the Order would remain in effect until you submitted,
in writing, to the State of South Carolina, your proposal to use brokers
to transport materials as described in your letter dated March 11, 1998,
and obtained written approval from the South Carolina Department of Health
and Environmental Control (SCDHEC). That approval was provided to you
by SCDHEC in a letter of March 31, 1998.
In their letter SCDHEC went on to state that they concur with your proposal
to enlist the services of a qualified waste collector, licensed by the
NRC or Agreement State to prepare, inspect, and certify shipments of low
level radioactive waste from your Bethel Park, Pennsylvania facility to
the Barnwell disposal site. SCDHEC also specified certain requirements
which must be met.
We have conducted an inspection at your facility in Bethel Park, Pennsylvania,
and determined that you compiled with the requirements of the Order. In
addition, we have reviewed your letter requesting relaxation of the Order
and authorization to bring radioactive waste materials into the Bethel
Park facility for the purpose of storage prior to transfer or disposal,
your letter to SCDHEC requesting approval to utilize independent brokers
and the approval letter from SCDHEC. Based on our evaluation of those
documents and after consultation with the Director of Enforcement, I find
that good cause has been demonstrated to rescind the Confirmatory Order
dated March 29, 1996. Accordingly, pursuant to Section IV of the Order,
I am hereby rescinding the Order.
AHP may bring radioactive waste material into the Bethel Park facility
as specified in your NRC license. You will be periodically inspected by
the NRC. The inspections will include, but not be limited to, a review
of the commitments made by you in letters dated March 11 and 18, 1998,
as well as a review to assure that the requirements specified in the SCDHEC
letter dated March 31, 1998 have been met. In addition, you are required
to maintain an escrow account as committed to in your recent license renewal.
Failure to conduct your NRC licensed program in accordance with established
requirements will result in enforcement action in accordance with the
"General Statement of Policy and Procedures for NRC Enforcement Actions"
(Enforcement Policy), NUREG-1600.
If you have any questions regarding this matter, please contact Ms. Judith
A. Joustra of my staff at (610) 337-5355.
In accordance with Section 2.790 of the NRC's "Rules of Practice," Part
2, Title 10, Code of Federal Regulations, a copy of this letter will be
placed in the Public Document Room.
Your cooperation with us is appreciated.
| Sincerely, |
||
| Hubert J. Miller Regional Administrator |
Docket Nos. 030-10859
030-06198
License Nos. 37-14600-01
37-09135-01
cc:
Commonwealth of Pennsylvania
Todd Mobley, Radiation Safety Officer
