[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55496-55497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26703]
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NUCLEAR REGULATORY COMMISSION
[License No. 45-23000-02, Docket No. 030-33583, EA 99-223]
In the matter of Roof Survey and Consultants, Inc., 2045 Wesvan
Drive, N.E., Roanoke, Virginia 24012.
Order Modifying Order Suspending License (Effective Immediately)
and Order Revoking License
I
Roof Survey and Consultants, Inc. (RSCI or (licensee) 2045 Wesvan
Drive, N.E., Roanoke, VA 24012, is the holder of Byproduct Material
License No. 45-23000-02 (the license), which was issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30 on
September 14, 1994. The license authorized RSCI to possess byproduct
material, i.e., a Troxler Model No. 3216 portable roofing gauge
containing a nominal 44 millicuries of Americium-241, for use in
measuring the moisture density of roof surfaces in accordance with the
conditions specified in the license. Mr. Charles R. Akers, President
and Radiation Protection Officer, is the only authorized user listed on
the license.
II
Pursuant to 10 CFR 171.16, the licensee is required to pay an
annual fee for the license. The licensee's annual fee for License No.
45-23000-02 for fiscal year 1996, as set forth in fee category 3P of 10
CFR 171.16(d), was $1600. In accordance with 10 CFR Part 15, the
licensee was sent an original invoice dated August 22, 1996, a second
notice dated September 23, 1996, and a final notice dated October 24,
1996, requesting payment of the annual fee. The final notice of payment
due specifically informed RSCI that non-payment of the fee might result
in the suspension or revocation of the license in accordance with the
Commission's regulations at 10 CFR 171.23. To date, the annual fee for
1996 has not been paid.
On April 3, 1997, NRC issued an Order Suspending License (Effective
Immediately) to RSCI, based on non-payment of license fees for fiscal
year 1996. The Order of April 3, 1997, required, among other things,
that RSCI dispose of any licensed material, acquired or possessed under
the authority of License No. 45-23000-02.
As of September 5, 1997, the licensee had not complied with the
April 3, 1997 Order, in that no disposal of licensed material had
occurred. On July 14, 1997, an inspection was conducted which verified
that the gauge was stored at Mr. Akers' residence. Mr. Akers was not
present during the inspection. On November 20, 1997, an inspection was
attempted but the inspector was not able to contact Mr. Akers. On March
27, 1998, an inspection was again attempted; however, Mr. Akers was not
present and security of the device could not be verified. On December
8, 1998, an inspection was again attempted. Mr. Akers was not
available. His spouse, however, was home and allowed the inspector to
verify that the material was still in safe secure storage. Region II
attempted to contact Mr. Akers on April 20, 1999, and left a message
requesting a return call on his answering machine. Mr. Akers did not
return the call.
On May 20, 1999, NRC sent the licensee a certified letter, return
receipt requested, reiterating the requirements of the April 3, 1997
Order, that RSCI dispose of any licensed material, acquired or
possessed under the authority of License No. 45-23000-02. No response
was received. On August 3, 1999, the United States Postal Service
confirmed that Mr. Akers signed for and received the certified letter
on May 28, 1999. On August 4, 1999, the Director of NRC's Region II
Division of Nuclear Materials Safety, attempted to contact Mr. Akers
via telephone. Mr. Akers was not available, and a message was left with
the person answering the call to have Mr. Akers call the NRC Region II
office. To date, Mr. Akers has not returned any calls or otherwise
contacted the NRC.
Based on the above, two deliberate violations of NRC requirements
have been identified. The violations are: (1) Failure to pay the annual
fees prescribed by 10 CFR 171.16 for Byproduct Material License No. 45-
23000-02 for Fiscal Year 1996; and, (2) failure to comply with the
terms of the April 3, 1997, Order Suspending License. Specifically,
that Order required the licensee to dispose of all licensed nuclear
material, acquired or possessed under the authority of License No. 45-
23000-02, and to submit an answer in writing and under oath and
affirmation and specifically admit or deny each charge made therein. As
of this date, the licensee has neither disposed of the material
possessed under the license nor answered that Order.
III
The deliberate failures of the licensee to comply with the April 3,
1997 Order and to pay the annual fee as required by Commission
regulations demonstrate that the licensee is either unwilling or unable
to comply with Commission requirements. Moreover, because the licensee
has failed to respond to NRC inquiries, the NRC is unable to ascertain
the current status of licensed material in the licensee's possession.
Consequently, I lack the requisite reasonable assurance that public
health and safety will be protected if the licensee were to continue in
possession of licensed material at this time. Therefore, the public
health, safety, and interest require that the licensee report the
current location, physical status, and storage arrangements of its
licensed material; that the licensee leak test the licensed material;
that the licensee transfer the licensed material to an authorized
recipient as described below; and that Byproduct Material License No.
45-23000-02 be revoked. Furthermore, pursuant to 10 CFR 2.202, I find
that the significance of the violations described above is such that no
further notice is required and that the public health, safety and
interest require that the provisions of Section IV.A. of this Order be
immediately effective.
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, and 10 CFR Parts 30, 170, and
171,
A. It is hereby ordered, effective immediately, That:
1. The requirements of Paragraphs A through E of Section III of the
Order dated April 3, 1997, and attached hereto remain in effect except
where modified below.
2. The licensee shall contact Mr. Douglas M. Collins, Director,
Division of Nuclear Materials Safety, NRC Region II, at telephone
number 404-562-4700 or 1-800-577-8510, within five days of the date of
this Order and report the current location, physical status, and
storage arrangements of the licensed material. Additionally, the
licensee shall submit a written statement documenting this information
under oath or affirmation to the Regional Administrator, NRC Region II,
Atlanta Federal Center, 61 Forsyth Street, SW, Suite 23T85, Atlanta,
Georgia 30303, within seven days of the date of this Order.
[[Page 55497]]
3. Within ten days of the date of this Order, the licensee shall
complete a leak test pursuant to Byproduct Material License No. 45-
23000-02, Condition 14.A., B., C., and D. to confirm the absence of
leakage 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 Regional Administrator, NRC Region II, at the address
given in Paragraph 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 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 a
completed Form NRC-314 to the Regional Administrator, NRC Region II, at
the address given in paragraph 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 No. 45-23000-02 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.
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, 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 shall include a statement of good cause for the extension.
The answer may consent to the 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 set forth the matters of fact and law on which the licensee or
other person adversely affected relies and 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 and 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 Assistant General Counsel for Materials Litigation and
Enforcement at the same address; and to the Regional Administrator, NRC
Region II, Atlanta Federal Center, 61 Forsyth Street, S.W., Suite
23T85, Atlanta, Georgia 30303-3415; and to the licensee if the answer
or hearing request is by a person other than the licensee. If a person
other than the licensee 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), the licensee, may, in addition
to demanding a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the ground that the Order, including the need for immediate
effectiveness, is 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 IV 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 immediate effectiveness of this order.
Dated at Rockville, Maryland this 4th day of October 1999.
For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Deputy Executive Director for Materials, Research and State Programs.
[FR Doc. 99-26703 Filed 10-12-99; 8:45 am]
BILLING CODE 7590-01-P
