United States Nuclear Regulatory Commission - Protecting People and the Environment

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

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