United States Nuclear Regulatory Commission - Protecting People and the Environment

EA-97-605 - Moisture Protection Systems Analysts Inc.

April 20, 1998

EA 97-605

Mr. Virgil J. Hood, President
Moisture Protection Systems Analysts Inc.
1350 Beverly Road, Suite 223
McLean, Virginia 22101

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $5,500; NOTIFICATION OF CONSIDERATION OF THE IMPOSITION OF DAILY CIVIL PENALTIES; AND ORDER MODIFYING ORDER SUSPENDING LICENSE (EFFECTIVE IMMEDIATELY) AND ORDER REVOKING LICENSE

Dear Mr. Hood:

Moisture Protection Systems Analysts Inc. (MPS or Licensee) is the holder of Byproduct Material License No. 45-24851-02 (the license), which was issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30 on January 30, 1992. The license authorizes MPS to possess byproduct material, i.e., a Siemens Model R-50 portable roofing gauge that contains a nominal 40 millicuries (mCi) of Americium-241, for use in measuring moisture density of roof surfaces in accordance with the conditions specified in the license. MPS is required to comply with the Commission's regulations, including 10 CFR 30.52, "Inspections."

10 CFR 30.52(a) requires that the Licensee afford the Commission at all reasonable times the opportunity to inspect byproduct material and the premises and facilities wherein byproduct material is used or stored. 10 CFR 30.52(b) requires that the Licensee make available to the Commission for inspection, upon reasonable notice, records kept by him pursuant to pertinent regulations. You are in violation of these requirements as further described below.

On February 3, 1997, an NRC inspection was attempted at 1350 Beverly Road, Suite 223 McLean, Virginia, the address listed on your license. The address is a mixed commercial/residential use condominium. The inspector contacted the condominium's marketing representative to determine your whereabouts. The marketing representative stated that you had broken the lease and vacated the premises without prior notice in mid-December 1996. The inspector and the marketing representative searched the offices formerly used by you for any evidence of the gauge containing licensed material that you are authorized to possess. Visual observation and radiation surveys showed no evidence of the licensed material. The marketing representative gave a forwarding address as 2811 12th Street, NE, Washington, D.C., and stated that this address was provided by one of your clients. On February 5, 6, 10, 11, and 12, 1997, the NRC Region II Office attempted unsuccessfully to contact you by telephone at the 2811 12th Street address, identified as Atlas Contractors (ACI). Telephone messages were left with an answering service on at least February 4 and 6, 1997.

On February 20, 1997, an NRC inspection was attempted at ACI at the 2811 12th Street address. The inspector spoke to the Office Manager, who stated that she had forwarded NRC's telephone messages to you. The Office Manager stated that you are an owner of ACI. The inspector conducted visual observation and radiation surveys, but found no evidence of the gauge containing licensed material. The Office Manager stated that she had no knowledge of company equipment or any other storage locations. The inspector requested that the Office Manager ask you to contact the NRC Region II Office as soon as possible, and the inspector provided two names and telephone numbers there, including his own. On February 24 and 25, and March 12 and 13, 1997, the NRC Region II Office attempted unsuccessfully to contact you by telephone at ACI.

On March 18, 1997, an NRC inspection was again attempted at ACI at the 2811 12th Street address. No one was at the ACI office. On March 25, 1997, the NRC Region II Office attempted unsuccessfully to contact you by telephone at ACI. In April 1997, the NRC Region II Office contacted ACI and confirmed that you were operating out of that office. On June 10, 11 and 20, 1997, and November 19, 1997, the NRC contacted a business associate of yours and left messages for you to contact the NRC. On November 20, 1997, an NRC inspection was attempted at 1441 Florida Avenue, N.W., Washington, D.C., an address provided to the NRC inspector by the telephone directory service.

By moving from the Beverly Road address listed on your NRC license without notifying the NRC, you created a situation whereby NRC was unable to inspect the licensed material that you possess and the records that you maintain pursuant to NRC requirements. These failures represent violations of 10 CFR 30.52(a) and (b). Moreover, given your failure to notify the NRC of your abandonment of the facility described in your license, your failure to notify the NRC of a location where you may be found and where inspections may be conducted, and the admission of the Office Manager that she forwarded NRC's telephone messages to you, these violations are indicative, at a minimum, of careless disregard as defined in the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. Because NRC has been denied the opportunity to inspect your licensed material and your NRC-required records, NRC cannot be certain that public health, safety and the environment are being adequately protected. For example, it is not known whether you have performed leak tests as required by Condition 14 of your NRC license or whether or not the source is leaking radioactive material. Therefore, this violation constitutes a significant regulatory concern and has been categorized at Severity Level III in accordance with the Enforcement Policy.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $2,750 is considered for a Severity Level III violation or problem. Since careless disregard is involved, NRC considered whether credit was warranted for Identification and Corrective action in accordance with the civil penalty assessment process described in Section VI.B.2 of the Enforcement Policy. Credit for identification is not warranted because the violation was identified by NRC. Credit for corrective action also is not warranted, given the actions on your part, which are ongoing, to thwart NRC inspections.

Therefore, to emphasize the importance of maintaining licensed material, facilities, and records available for inspection as required by 10 CFR 30.52, I am issuing the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) at twice the base amount, or $5,500 for the violations described in the enclosed Notice.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.

On February 27 and May 15, 1997, NRC issued Orders Suspending License (Effective Immediately) to you based on non-payment of annual fees required pursuant to 10 CFR 171.16. The February 27, 1997 Order was returned as undeliverable. The May 15, 1997 Order was sent to you at 2811 12th Street, NE, Washington, D.C., by Certified Mail, and was received at that address on May 22, 1997, as evidenced by a signed return receipt.

In addition to the civil penalty proposed above, NRC also is issuing the enclosed Order Modifying Order Suspending License (Effective Immediately) and Order Revoking License. This Order modifies the May 15, 1997 Order, which is attached thereto, for the reasons stated in the Order. Among other things, the Order requires that you: (1) continue to maintain the licensed material in safe storage; (2) immediately notify the NRC of your current business location and the status of the licensed material; (3) test the gauge for leak tightness; and (4) transfer all licensed material to an authorized recipient within 30 days of the date of this Order. After NRC confirmation of the transfer of the licensed material, the Order revokes Byproduct Material License No. 45-24851-02. Pursuant to Section 223 of the Atomic Energy Act of 1954, as amended, any person who willfully violates, attempts to violate, or conspires to violate, any provision of this Order shall be subject to criminal prosecution as set forth in that Section. Violation of this Order may also subject the person to a civil monetary penalty.

Further, given the regulatory significance of this case, if MPS does not promptly afford NRC the opportunity to inspect the licensed material and NRC-required records, or does not otherwise comply with the terms of the Order within the times specified in the Order, you are hereby notified that the NRC intends to consider additional civil penalties to be assessed at the rate of $500 per day. If assessed, the daily civil penalties would continue until the licensed material is properly transferred or disposed of, and would be assessed for each 30 day period at $15,000 per period.

Copies of Byproduct Material License No. 45-24851-02, Form NRC-314 - Certificate of Disposition of Materials, and pertinent Commission regulations are enclosed.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosures, and your response will be placed in the NRC Public Document Room (PDR). To the extent possible, any response should not include any personal privacy or proprietary information so that it can be placed in the PDR without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

NRC still has under review the issue of enforcement action for any violations of the terms of the May 15, 1997 Order, as well as any additional violations of regulatory requirements not specified in the enclosed Notice. You will be notified of our determinations on these matters by separate correspondence.

Questions should be addressed to James Lieberman, Director, Office of Enforcement, who can be reached at (301) 415-2741.

Sincerely,



Thomas T. Martin
Acting Deputy Executive Director
for Regulatory Effectiveness

Enclosures:
1. Notice of Violation and
Proposed Imposition of Civil Penalty
2. Order
3. May 15, 1997 Order Suspending License
(Effectively Immediately)
4. Byproduct Material License No. 45-24851-02
5. Form NRC-314, Certificate of
Disposition of Materials
6. 10 CFR 2.202, 30.52, 170.41
171.16 and 171.23

cc w/encls:
Commonwealth of Virginia
District of Columbia

Mr. Virgil J. Hood
Moisture Protection Systems Analysts, Inc.
1441 Florida Avenue, NW
Washington, D. C., 20009

Mr. Virgil J. Hood
Moisture Protection Systems Analysts, Inc.
2811 12th Street, N.E.
Washington, D.C. 20017


NOTICE OF VIOLATION
AND
PROPOSED IMPOSITION OF CIVIL PENALTY

Moisture Protection Systems
Analysts, Inc.
McLean, Virginia 22101
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License No. 45-24851-02
Docket No. 030-32660
EA 97-605

Based on a review of circumstances associated with attempts to perform an NRC inspection of the Licensee's material, facilities, and records between February 3, 1997 and November 20, 1997, violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, the NRC proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C 2282, and 10 CFR 2.205. The particular violation and associated civil penalty is set forth below:

10 CFR 30.52(a) requires that the Licensee afford to the Commission at all reasonable times the opportunity to inspect byproduct material and the premises and facilities wherein byproduct material is used or stored.
10 CFR 30.52(b) requires that the Licensee make available to the Commission for inspection, upon reasonable notice, records kept by him pursuant to pertinent regulations.
Contrary to the above, between February 3, 1997 and November 20, 1997, the Licensee did not afford the Commission the opportunity to inspect its byproduct material, the premises and facilities wherein the byproduct material was used or stored, or the associated NRC-required records. Specifically, the Licensee moved from the 1350 Beverly Road, McLean, Virginia address listed on its NRC license on or about December 1996, and did not inform the NRC of its new address. NRC has attempted four inspections at various locations on February 3 and 20, 1997, March 18, 1997, and November 20, 1997. In addition, the NRC attempted to contact the licensee by telephone on February 5, 6, 10, 11, 12, 24 and 25, 1997; March 12, 13 and 25, 1997; June 10, 11 and 20, 1997; and November 19, 1997. Telephone messages were left with an answering service and a business associate for the Licensee's president and authorized user to contact the NRC, including: (1) telephone messages left on February 4 and 6, 1997, and June 10, 1997 with the answering service; and (2) telephone messages left with a business associate on June 11 and 20, 1997 and November 19, 1997. A licensee employee, as well as the answering service and the business associate, have indicated that NRC's telephone messages were relayed to the Licensee's president and authorized user. Despite these repeated attempts, the Licensee has not contacted the NRC; and the location of the licensed material, the premises and facilities wherein the material is used or stored, and the associated NRC-required records, cannot be determined for purposes of inspection.

This is a Severity Level III violation (Supplement VI).
Civil Penalty - $5,500

Pursuant to the provisions of 10 CFR 2.201, the Licensee is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation: (1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may: (1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information).



Dated at Rockville, Maryland
this 20th day of April 1998


UNITED STATES

NUCLEAR REGULATORY COMMISSION

In the Matter of

MOISTURE PROTECTION SYSTEMS
ANALYSTS, INC.
McLean, Virginia 22101
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License No. 45-24851-02
Docket No. 030-32660
EA 98-213

ORDER MODIFYING ORDER SUSPENDING LICENSE
(EFFECTIVE IMMEDIATELY)
AND ORDER REVOKING LICENSE

I

Moisture Protection Systems Analysts, Inc., 1350 Beverly Road, Suite 223 McLean, Virginia 22101, (the Licensee or MPS) is the holder of Byproduct Material License No. 45-24851-02 (the license), which was issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30 on January 30, 1992. The license authorizes MPS to possess byproduct material, i.e., a Siemens Model R-50 portable roofing gauge that contains a nominal 40 millicuries (mCi) of Americium-241, for use in measuring moisture density of roof surfaces in accordance with the conditions specified in the license. Mr. Virgil J. Hood, President, MPS, is the only authorized user listed on the license. On February 27, 1997, and May 15, 1997, the license was suspended by immediately effective Order based on non-payment of annual fees required pursuant to 10 CFR 171.16.

II

On February 3, 1997, an NRC inspection was attempted at the Licensee's address (above). The address is a mixed commercial/residential use condominium. The inspector contacted the condominium's marketing representative to determine the whereabouts of the Licensee. The marketing representative stated that the Licensee had broken the lease and vacated the premises without prior notice in mid-December 1996. The inspector and the marketing representative searched the offices formerly used by the Licensee for any evidence of the gauge containing licensed material that the Licensee was authorized to possess. Visual observation and radiation surveys showed no evidence of the licensed material. The marketing representative gave a forwarding address as 2811 12th Street, NE, Washington, D.C. The marketing representative indicated that this address was provided by one of the Licensee's clients. On February 5, 6, 10, 11, and 12, 1997, the NRC Region II Office attempted unsuccessfully to contact the Licensee by telephone at the 2811 12th Street address, identified as Atlas Contractors (ACI). Telephone messages were left with an answering service on February 4 and 6, 1997.

On February 20, 1997, an NRC inspection was attempted at ACI at the 2811 12th Street address. The inspector spoke to the Office Manager for ACI. The Office Manager stated that she had forwarded NRC telephone messages to Mr. Hood, the Licensee president and authorized user. The Office Manager stated that Mr. Hood was an owner of ACI. The inspector conducted visual observation and radiation surveys , but found no evidence of the gauge containing licensed material. The inspector requested that the Office Manager ask Mr. Hood to contact the NRC Region II Office as soon as possible, and the inspector provided two names and telephone numbers there, including his own. On February 24 and 25, 1997, and March 12 and 13, 1997, the NRC Region II Office attempted unsuccessfully to contact the Licensee by telephone at ACI.

On March 18, 1997, an NRC inspection was again attempted at ACI at the 2811 12th Street address. No one was at the ACI office. On March 25, 1997, the NRC Region II Office attempted unsuccessfully to contact the Licensee by telephone at ACI. In April 1997, the NRC Region II Office contacted ACI and confirmed that Mr. Hood, the Licensee president and authorized user, was operating out of that office. On June 10, 11 and 20, 1997, and November 19, 1997, the NRC contacted a business associate of the Licensee's president and authorized user and left messages for the Licensee's president to contact the NRC when possible. On November 20, 1997, an NRC inspection was attempted at 1441 Florida Avenue, N.W., Washington, D.C., an address provided to the NRC inspector by the telephone directory service. The inspector was informed that Mr. Hood was out of the country and would not return until December 10, 1997.

On February 27, 1997, NRC issued an Order Suspending License (Effective Immediately) to the Licensee based on non-payment of the annual fee for Fiscal Year 1996, required pursuant to 10 CFR 171.16. The Order was sent to the license at 2811 12th Street, NE, Washington, D.C., by Certified Mail, and was returned to NRC as undelivered.

On May 15, 1997, NRC issued an Order Suspending License (Effective Immediately) to the Licensee based on non-payment of annual fees for Fiscal Years 1996 and 1997, required pursuant to 10 CFR 171.16. The Order was sent to the Licensee at 2811 12th Street, NE, Washington, D.C., by Certified Mail, and was received at that address on May 22, 1997, as evidenced by a signed return receipt. The May 1997 Order was effective immediately and required, among other things, that the Licensee: (a) cease use of its licensed material, other than activities involving decommissioning, storage or transfer; (b) dispose of its licensed nuclear material; and (c) submit an answer to the Order within 30 days of the date of the Order. To date, the Licensee has not submitted the required answer to the Order and has not been in contact with NRC. It is not known whether the Licensee has complied with the portions of the Order that require the Licensee to suspend its use of licensed material and dispose of the licensed material.

III

10 CFR 30.52(a) requires that the Licensee afford to the Commission at all reasonable times the opportunity to inspect byproduct material and the premises and facilities wherein byproduct material is used or stored. 10 CFR 30.52(b) requires that the Licensee make available to the Commission for inspection, upon reasonable notice, records kept by the Licensee pursuant to pertinent regulations. As detailed above, the Licensee has violated these requirements. Moreover, given the failure of the Licensee to notify the NRC of its abandonment of the facility named on the license; the failure to notify NRC of a location where the Licensee could be found and inspections conducted; and the admission of the Office Manager that she forwarded NRC's telephone messages to Mr. Hood, these violations are indicative, at a minimum, of careless disregard as defined in the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. Because NRC has been denied the opportunity to inspect the Licensee's records and its byproduct material, NRC cannot be certain that public health, safety and the environment are being adequately protected. For example, it is not known whether the Licensee has performed leak tests as required by Condition 14 of its NRC license and whether or not the source is leaking radioactive material.

Payment of annual fees for possession of byproduct material is required by 10 CFR 171.16. As detailed in the May 15, 1997 Order, the Licensee violated this requirement for Fiscal Years 1996 and 1997.

IV

The failure of the Licensee to respond as required by the May 15 Order, the apparent violations detailed above, and the apparent careless disregard of the Licensee's principal officer, Mr. Hood, demonstrate that the Licensee is either unwilling or unable to comply with Commission requirements and cannot be tolerated. Additionally, given the Licensee's actions to thwart an NRC inspection of its licensed material and the premises where the material is used and stored, the status of the licensed material cannot be determined, and I lack the requisite reasonable assurance that licensed activities under Byproduct Material License No. 45-24851-02 can be conducted in compliance with Commission requirements and that public health and safety will be protected if the Licensee were to continue in possession of licensed material at this time. Furthermore, pursuant to 10 CFR 2.202, I find that the significance of the violations described above is such that the public health, safety and interest require that the provisions of Section V.A. of this Order be immediately effective.

V

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, and 10 CFR Parts 30, 170, and 171,

A. IT IS HEREBY ORDERED THAT, EFFECTIVE IMMEDIATELY:

1. The requirements of Paragraphs A. through E. of Section III of the Order dated May 15, 1997 and attached hereto remain in effect except where modified below.
2. The Licensee shall immediately contact Mr. Douglas M. Collins, Director, Division of Nuclear Materials Safety, NRC Region II, at telephone number (404) 562-4700, and report the current location, physical status, and storage arrangements of the licensed material. A written response documenting this information shall be submitted under oath or affirmation to the Regional Administrator, NRC Region II, Atlanta Federal Center, 61 Forsyth Street, SW, Suite 23T85, Atlanta, Georgia within ten days of the date of this Order.
3. Within ten days of the date of this Order, the Licensee shall complete a leak test pursuant to Byproduct Material License No. 45-24851-02, Condition 14.A.(1), C and D, to confirm the absence of leakage of radioactive materials and to establish the levels of residual radioactive contamination. The Licensee shall, within five days of the date the leak test results are known, submit the results of the leak test in writing to the NRC Region II office. This information should be addressed to the Regional Administrator, NRC Region II, at the address given in Paragraph A.2. above. If the test reveals the presence of 0.005 microcuries or greater of removable contamination, the Licensee shall immediately contact Mr. Douglas M. Collins, NRC Region II, at the telephone number given in Paragraph A.2 above.
4. Within 30 days of the date of this Order, the Licensee shall cause all licensed material in its possession to be transferred to an authorized recipient in accordance with 10 CFR 30.41 and shall submit for NRC approval a completed form NRC-314. This information should be addressed to the Regional Administrator, NRC Region II, at the address given in Paragraph A.2. above.
5. At least two working days prior to the date of the transfer of any licensed material, the Licensee shall notify Mr. Douglas M. Collins, NRC Region II, at the telephone number given in Paragraph A.2. above, so that the NRC may, if it elects, observe the transfer of the material to the authorized recipient.
6. Within seven working days following completion of the transfer, the Licensee shall provide to the Regional Administrator, NRC Region II, in writing, under oath or affirmation: (1) confirmation, on form NRC-314, that all licensed material has been transferred; (2) the last date that the licensed material was used; (3) a copy of the leak test performed prior to transfer; (4) a copy of the survey performed in accordance with 10 CFR 30.36(j)(2); and (5) a copy of the certification from the authorized recipient that the licensed material has been received. This information shall be addressed to the Regional Administrator, NRC Region II, at the address given in Paragraph A.2. above.
B. IT IS FURTHER ORDERED:
1. Upon a written finding by the Regional Administrator, NRC Region II, that no licensed material remains in the licensee's possession and that other applicable provisions of 10 CFR 30.36 have been fulfilled, Byproduct Material License 45-24851-02 is revoked.

The Director, Office of Enforcement, may relax or rescind, in writing, any of the above provisions upon demonstration of good cause by the Licensee.

VI

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, and may request a hearing on this Order, within 20 days of the date of this Order. 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, U. S. Nuclear Regulatory Commission, Washington, D.C. 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Order and 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 the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, U. S. Nuclear Regulatory Commission, ATTN: Chief, Rulemakings Adjudications Staff, Washington, D.C. 20555.

Copies also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, to the Deputy Assistant General Counsel for Enforcement at the same address, and to the Regional Administrator, NRC Region II, Atlanta Federal Center, 61 Forsyth Street, SW Suite 23T85, Atlanta, Georgia 30303 and to MPS if the answer or hearing request is by a person other than MPS. If a person other than MPS 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 2.714(d).

If a hearing is requested by the Licensee , or a person whose interest is adversely affected, 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.

Pursuant to 10 CFR 2.202(c)(2)(i), MPS may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the provisions of this Order which are immediately effective on the ground that those provisions, including the need for immediate effectiveness, are not based on adequate evidence but on mere suspicion, unfounded allegations, or error.

In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section V shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE PROVISIONS OF THIS ORDER WHICH ARE IMMEDIATELY EFFECTIVE.

FOR THE NUCLEAR REGULATORY COMMISSION



Thomas T. Martin
Acting Deputy Executive Director for
Regulatory Effectiveness

Dated at Rockville, Maryland
this 20th day of April 1998

 

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