94-1153. Ledoux and Co., Teaneck, NJ; Order Suspending Licenses  

  • [Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-1153]
    
    
    [[Page Unknown]]
    
    [Federal Register: May 12, 1994]
    
    
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    NUCLEAR REGULATORY COMMISSION
    [Docket Nos. 030-05260, 070-00314, 040-08188, License Nos. 29-01442-01, 
    SMC-1181, SNM-296; EA 94-043]
    
     
    
    Ledoux and Co., Teaneck, NJ; Order Suspending Licenses
    
    I
    
        Ledoux and Company (Licensee) is the holder of Byproduct, Source 
    Material, and Special Nuclear Material Licenses Nos. 29-01442-01, SMC-
    1181, and SNM-296 (Licenses), respectively, issued by the Nuclear 
    Regulatory Commission (NRC or Commission) pursuant to 10 CFR parts 30, 
    40, and 70.
        Byproduct material License No. 29-01442-01 authorizes the Licensee 
    to possess byproduct material for use in the analysis of fission 
    products and neutron-induced radionuclides in various materials, and to 
    possess byproduct material to be used in the calibration of radioassay 
    equipment, including the development of analytical chemical procedures. 
    Byproduct material License No. 29-01442-01 was originally issued on 
    November 20, 1956, was most recently renewed on March 8, 1989, and was 
    due to expire on March 31, 1994, but has remained in effect pursuant to 
    10 CFR 30.37 and a timely request for renewal by the Licensee in 
    accordance with a Licensee letter dated February 24, 1994.
        Source Material License No. SMC-1181 authorizes the Licensee to 
    possess source material for analysis of samples and preparation and use 
    of working standards.
        Source Material License No. SMC-1181 was originally issued on 
    December 14, 1973, was most recently renewed on January 10, 1991, and 
    is due to expire on January 31, 1996.
        Special Nuclear Material License No. SNM-296 authorizes the 
    Licensee to possess plutonium and uranium-235 for use in laboratory 
    sample analysis and calibration of instruments. Special Nuclear 
    Material License SNM-296 was originally issued on April 1, 1959. This 
    license was most recently renewed on March 13, 1989, and was due to 
    expire on March 31, 1994, but has remained in effect pursuant to 10 CFR 
    303.37 and a timely request for renewal by the Licensee in accordance 
    with a Licensee letter dated February 24, 1994.
    
    II
    
        As of July 27, 1990, the Licensee was required to comply with the 
    regulations set forth in 10 CFR 30.35, 10 CFR 40.36, and 10 CFR 70.25. 
    These regulations require that licensees authorized to possess licensed 
    material in the amounts listed in the above-listed Licenses, must 
    submit a certification of financial assurance or a decommissioning 
    funding plan to the NRC. These regulations have been established to 
    assure that licensees demonstrate adequate financial responsibility 
    that funds necessary for a safe decommissioning are available and 
    planned, thus providing adequate assurance that the facility will be 
    decommissioned prior to terminating licensed activities.
        On August 18, 1992, the NRC issued a Demand for Information to the 
    Licensee since the NRC had not, as of that date, received financial 
    assurance from the Licensee. The Demand for Information was issued to 
    determine whether the Licenses should be modified, suspended or 
    revoked. NRC sent letters dated October 21, 1992, and November 16, 1993 
    to the Licensee, and telephone conversations were held with the 
    Licensee on September 28, 1990, January 13, 1992, December 14, 1993, 
    and January 5, 1994, emphasizing the importance of providing the NRC 
    the required financial assurance. Furthermore, an NRC inspection was 
    conducted on October 18-19, 1993 (during which the Licensee committed 
    to provide the required financial assurance by the end of 1993), and an 
    enforcement conference was held with the Licensee on March 15, 1994, to 
    emphasize the significance with which the NRC viewed the failure to 
    provide financial assurance.
        In response to the NRC Demand for Information, dated August 18, 
    1992, Ledoux and Company provided, by letter dated September 10, 1992, 
    a decommissioning cost estimate of $113,013. However, a financial 
    assurance mechanism to cover the estimated amount was not provided. On 
    November 5, 1993, the Licensee informed the NRC by letter that it 
    intended to establish an escrow account in the amount of $125,000 as 
    its financial assurance mechanism by January 1, 1994. On December 28, 
    1993, the Licensee informed the NRC by letter that it needed more time 
    to provide a suitable financial assurance mechanism due to unforeseen 
    circumstances. During the enforcement conference on March 15, 1994, 
    Ledoux and Company representatives indicated that a financial assurance 
    mechanism would not be provided in the next month. On April 5, 1994, 
    the Licensee stated in a letter that it was planning to provide 2 
    ``letters of credit * * *'' and that it would need some time. However, 
    to date no financial assurance mechanism has been provided to the NRC.
    
    III
    
        As described in Section I, the Licensee is authorized to receive, 
    possess, use, and transfer a wide range of byproduct material, special 
    nuclear material, and source material in quantities set forth in its 
    Licenses. The regulations specified in 10 CFR 30.35, 10 CFR 40.36, and 
    10 CFR 70.25 require licensees to provide financial assurance such that 
    licensed facilities will be decommissioned in a safe and timely manner, 
    and that adequate funds will be available for decommissioning to ensure 
    that the health and safety of the public is protected. The Licensee has 
    continually failed to provide to the NRC the required financial 
    assurance contrary to the requirements in 10 CFR 30.35, 10 CFR 40.36, 
    and 10 CFR 70.25, yet continues to perform NRC-licensed activities. The 
    Licensee is either unwilling or unable to comply with the financial 
    assurance requirements. The public health and safety require the 
    Licensee to have adequate funds and financial assurance for 
    decommissioning to ensure that decommissioning of the Licensee's 
    facilities can be completed in a safe and timely manner.
        Consequently, I lack the requisite reasonable assurance that 
    sufficient funding will be available for decommissioning of the 
    facility in compliance with Commission requirements, and that the 
    health and safety of the public, including the Licensee's employees, 
    will be protected in connection with the decommissioning of the 
    Licensee's facilities. This is significant should the Licensee 
    discontinue operations without appropriate financial assurance for the 
    decommissioning. Therefore, the public health, safety, and interest 
    require that License Nos. 29-01442-01, SMC-1181, and SNM-296 be 
    suspended.
    
    IV
    
        Accordingly, pursuant to sections 51, 62, 63, 81, 161b, 161i, 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, 40, and 
    70, it is hereby ordered that License Nos. 29-01442-01, SMC-1181, and 
    SWM-296, are suspended pending the submittal to NRC by the licensee of 
    appropriate financial assurance in the amount of $125,000.00 for its 
    licensees in accordance with 10 CFR 30.35, 10 CFR 40.36, and 10 CFR 
    70.25, and the NRC's written acceptance of the licensee's submittal(s) 
    to satisfy these regulatory requirements. While the Licenses are 
    suspended, the Licensee shall not receive, use, manufacture, 
    distribute, or transfer radioactice material and shall place all 
    licensed material in locked storage.
        The Regional Administrator, Region I, may, in writing, relax or 
    rescind this Order upon demonstrator by the Licensee of good cause.
    
    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. The answer may consent to this Order. Unless the 
    answer consents of this Order, the answer shall, in writing and under 
    oath or affirmiation, 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 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, Docketing 
    and Service Section, Washington, DC 20555. Copies of the hearing 
    request also should be sent to the Director, Office of Enforcement, 
    U.S. Nuclear Regulatory Commission, Washington, DC 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 the 
    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 on 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.
        In the absence of any request for hearing, the provisions specified 
    in Section IV above shall be final 20 days from the date of this Order 
    without further order or proceedings.
    
        Dated at Rockville, Maryland, this 4th day of May 1994.
    
        For the Nuclear Regulatory Commission.
    James Lieberman,
    Director, Office of Enforcement.
    [FR Doc. 94-1153 Filed 5-11-94; 8:45am]
    BILLING CODE 7590-01-M
    
    
    

Document Information

Published:
05/12/1994
Department:
Nuclear Regulatory Commission
Entry Type:
Uncategorized Document
Document Number:
94-1153
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: May 12, 1994, Docket Nos. 030-05260, 070-00314, 040-08188, License Nos. 29-01442-01, SMC-1181, SNM-296, EA 94-043