[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Notices]
[Pages 26743-26744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12217]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-22026; License No. 37-20746-01 (Revoked) EA 95-090]
Joseph Paolino and Sons, Inc.; Mt. Laurel, New Jersey;
Confirmatory Order
I
Joseph Paolino and Sons, Inc. (Licensee) previously held Byproduct
Material License No. 37-20746-01 issued by the Nuclear Regulatory
Commission pursuant to 10 CFR Part 30. The license authorized the
possession and use of sealed sources containing byproduct material
(cesium-137 and americium-241) in portable moisture density gauges, in
accordance with the conditions specified therein. The license was
issued on September 20, 1984 and was revoked by an Order Revoking
License for nonpayment of fees on July 30, 1993.
II
The Order Revoking License directed the Licensee to transfer all
licensed material that was in its possession to an authorized
recipient. The Licensee failed to transfer the material and on August
18, 1994, the NRC issued a Notice of Violation and Revoked License,
which was returned unclaimed and resent by messenger service and signed
for by the Licensee on October 6, 1994. On December 14, 1994, the NRC
issued a Notice of Violation and Proposed Imposition of Civil Penalty--
$3000 and Notification of Consideration of the Imposition of Daily
Civil Penalties for unauthorized possession of byproduct material and
failure to comply with the Order Revoking License. The Licensee failed
to respond to this action and on March 8, 1995, the NRC issued a Notice
of Violation and Proposed Imposition of Daily Civil Penalties--$15,000.
The Licensee responded and transferred the byproduct material in its
possession to an authorized recipient on March 24, 1995. The Licensee
did not pay the outstanding civil penalties totaling $18,000.
III
The Notice of Violation and Proposed Imposition of Civil Penalties
dated December 14, 1994 and March 8, 1995 are still outstanding. As the
parties [[Page 26744]] desire to resolve all matters pending between
them, the Licensee, through its Assistant Secretary, Matthew Paolino,
has entered into an agreement with the NRC executed on April 18, 1995.
Under the terms of the agreement, the NRC withdraws the civil penalty
in the amount of $3,000 proposed by Notice of Violation dated December
14, 1994 and the daily civil penalties in the total amount of $15,000
proposed by Notice of Violation dated March 8, 1995. Under the terms of
the agreement, Joseph Paolino and Sons, Inc., Licensee, agrees that for
a period of five years from April 18, 1995, (1) neither the Licensee,
nor any successor entity, shall apply to the NRC for a license; and (2)
neither Joseph Paolino and Sons, Inc. nor a successor entity, shall
engage in NRC-licensed activities within the jurisdiction of the NRC
for that same period of time.
IV
Accordingly, pursuant to sections 81, 161b, 161i, 186, and 234 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, 2.205, and 10 CFR Parts 30, 34, and 150,
IT IS HEREBY ORDERED THAT:
1. The NRC withdraws the civil penalty in the amount of $3,000
proposed by Notice of Violation dated December 14, 1994 and the civil
penalties in the amount of $15,000 proposed by Notice of Violation
dated March 8, 1995.
2. For a period of five years from April 18, 1995:
(a) Neither Joseph Paolino and Sons, Inc., nor any successor entity
shall apply to the NRC for a license; and
(b) Neither Joseph Paolino and Sons, Inc., nor any successor
entity, shall engage in NRC-licensed activities (including exercising
any control over NRC-licensed activities) within the jurisdiction of
the NRC for that same period of time.
3. If Joseph Paolino and Sons, Inc., or a successor entity,
violates paragraph 2. of this section of the Confirmatory Order, then
the remaining unpaid civil penalty amount shall be due and payable by
Joseph Paolino and Sons, Inc. or a successor entity, immediately and
without further notice.
V
Any person adversely affected by this Confirmatory Order, other
than Joseph Paolino and Sons, Inc. or a successor entity, may require a
hearing within 20 days of its issuance. Any 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 or her 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. 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.
VI
On March 24, 1995, the Licensee transferred the byproduct material
to Glasgow, Inc., an authorized recipient and the NRC, Region I, has
confirmed that transfer. Accordingly, given the Licensee's failure to
pay the annual fee for the License, the Licensee's transfer of the
byproduct material, and the Licensee's agreement as described in
Section III above, License No. 37-20746-01 is hereby terminated.
Dated at Rockville, Maryland this 9th day of May 1995.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 95-12217 Filed 5-17-95; 8:45 am]
BILLING CODE 7590-01-M
