[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Notices]
[Pages 52813-52814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25740]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 030-10859, 030-06198, License Nos. 37-14600-01, 37-09135-
01, EA 96-353]
Applied Health Physics, Inc., Bethel Park, Pennsylvania;
Confirmatory Order (Effective Immediately)
I
Applied Health Physics, Inc. (Licensee or AHP) is the holder of NRC
License Nos. 37-14600-01 and 37-09135-01 issued by the Nuclear
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30.
The Licensee's facility is located on the Licensee's site in Bethel
Park, Pennsylvania. License No. 37-14600-01 currently authorizes the
receipt, possession, and storage of pre-packaged wastes. License No.
37-09135-01 currently authorizes leak tests services, analysis of
samples, calibrations of instruments, and fixed gauge services. License
No. 37-14600-01 initially was issued on September 4, 1975, and is due
to expire on January 30, 1997. License No. 37-09135-01 was initially
issued on February 19, 1963, and is due to expire on October 31, 2000.
II
AHP was issued a Confirmatory Order on March 29, 1996, (the Order)
as a result of its storage of radioactive waste for more than 180 days,
which is a repeat violation, possessing radioactive material which AHP
was not authorized to possess, and NRC's concern about the financial
status of the licensee and the possibility of abandoned radioactive
material at the licensee's facility.
In letters dated May 2 and 16, 1996, AHP stated that it had
complied with the Order and requested a relaxation of the Order which
would authorize AHP to receive pre-packaged radioactive wastes at their
Bethel Park facility. In particular, these letters described AHP's
actions which included the disposal of certain specified waste and the
establishment of an escrow account into which would be deposited
revenues from customers whose waste is transferred to its Bethel Park,
Pennsylvania facility. These revenues would be deposited into escrow
within five business days and would include the revenues required to
pay for the direct costs of transportation, permits, disposal, and a
10% contingency fee.
The NRC reviewed the AHP request and, based on the information
provided in its letters cited above, the NRC found that AHP had
satisfactorily complied with the requirements of the Order to be met to
date and had made satisfactory progress toward completion of the
remaining requirement, Paragraph IV.C of the Order, which is to be
completed by December 31, 1996. In accordance with Section IV of the
Order, Paragraph IV.A. of the Order was rescinded by letter dated May
31, 1996, so as to authorize AHP to receive prepackaged radioactive
waste at its Bethel Park, Pennsylvania facility. The other requirements
of the Order remained in effect.
Since that time, the NRC learned that the United States Internal
Revenue Service seized AHP's bank accounts, thereby preventing disposal
of radioactive waste located at AHP's Bethel Park, Pennsylvania
facility. As a result, the NRC no longer has confidence that AHP will
be able to dispose of the radioactive waste on-site. Accordingly, in
AHP's facsimile dated September 3, 1996, AHP agreed to suspend all
receipt of pre-packaged radioactive waste at your Bethel Park,
Pennsylvania facility.
III
I find that the Licensee's commitments as set forth in its
facsimile of September 3, 1996 are acceptable and necessary and
conclude that with these commitments, the public health and safety are
reasonably assured. In view of the foregoing, I have determined that
the public health and safety require that the Licensee's commitments in
its September 3, 1996 facsimile be confirmed by this Order. The
Licensee has agreed to this action in a telephone call on September 12,
1996, between Francis M. Costello, Chief, Industrial Applications
Branch, Division of Nuclear Materials Safety, U.S. NRC, Region I, and
Daniel Haber, Assistant to the President, Applied Health Physics. In
addition, during a telephone call on September 20, 1996, between Ms.
Kathleen Dolce, Health Physicist, NRC Region I, and Mr. Robert
Gallaghar, President of AHP, the Licensee understood that, by
consenting to issuance of this Order, it waived its rights to a
hearing. Pursuant to 10 CFR 2.202, I also have determined, based on the
Licensee's consent and on the significance of the underlying violation
described above, that the public health and safety require this Order
to be immediately effective.
Accordingly, pursuant to sections 81, 161b, 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 Part 30, It Is Hereby Ordered,
Effective Immediately, that:
A. Authorization for the receipt of pre-packaged radioactive waste
at the Bethel Park facility is suspended.
The Regional Administrator, Region I, may relax or rescind, in
writing, any of the above conditions upon a showing by the Licensee of
good cause.
V
Any person adversely affected by this Confirmatory Order, other
than the Licensee, may request a hearing within 20 days of its
issuance. 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. Any
[[Page 52814]]
request for a hearing shall be submitted to the Secretary, U.S. Nuclear
Regulatory Commission, ATTN: Chief, Docketing and Service Section,
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 Hearings and
Enforcement at the same address, to the Regional Administrator, NRC
Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, and
to the Licensee. If such a person 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 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 Confirmatory Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), any person other than the
Licensee adversely affected by this Order 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.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 27th day of September 1996.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 96-25740 Filed 10-7-96; 8:45 am]
BILLING CODE 7590-01-P
