[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Notices]
[Pages 47530-47532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22651]
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NUCLEAR REGULATORY COMMISSION
[Docket No, 030-19405; License No.37-20553-01 (Suspended); EA 99-057]
In the Matter of Alfonso Deleo, Jr., Ardmore, Pennsylvania, Order
Imposing Civil Monetary Penalty
I
Alfonso Deleo, Jr.(Mr. Deleo or licensee) is the holder of
suspended Byproduct Material License No. 37-20553-01 (license) that was
originally issued by the Nuclear Regulatory Commission (NRC or
Commission) pursuant to 10 CFR part 30 on April 4, 1982. The license
authorized: (1) Possession and use of cesium-137 and americium-241
sealed sources (gauges)
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at temporary jobsites of the licensee anywhere in the United States
where the Commission maintained jurisdiction for regulating the use of
licensed material; and (2) storage of the licensed material at 141 Golf
Hills Road, Havertown, PA. The license has an expiration date of March
31, 2004. Licensees of the Commission are required to pay annual fees.
Mr. Deleo has failed to pay annual fees since 1991.
II
On September 20, 1993, the NRC contacted Mr. Deleo to inform him of
the need to renew the license and pay annual fees, which he had not
done for the preceding two years. After Mr. Deleo indicated that it was
his intent to terminate the license and that he had found a licensee to
take the two gauges in his possession, the NRC outlined the steps that
he would have to take to terminate the license once the licensed
material was properly transferred.
Subsequently, the NRC conducted an inspection at Mr. Deleo's
Havertown, PA, facility on November 16, 1994, at which time he still
possessed the gauges, and had not paid the annual fees. As a result of
Mr. Deleo's continued non-payment of fees, the NRC issued an Order
Suspending License on February 12, 1996.
During a subsequent inspection by the NRC at Mr. Deleo's Havertown,
PA, facility on December 5, 1996, the NRC determined that he failed to
notify the Commission in accordance with 10 CFR 30.36(d)(3) of the
cessation of principal licensed activities. Specifically, Mr. Deleo had
ceased activities prior to August 15, 1994, the regulation's effective
date. As a result, a Notice of Violation was issued on December 16,
1996. Mr. Deleo failed to reply to the Notice within 30 days of its
issuance as required by 10 CFR 2.201. The NRC contacted Mr. Deleo on
February 13, 1997, concerning his failure to reply to the December 16,
1996 Notice, and he indicated that he would reply to the Notice.
Subsequently, the NRC sent Mr. Deleo another letter on February 24,
1997, describing the Decommissioning Timeliness rule (10 CFR 30.36),
and indicating that the licensed material in his possession needed to
be transferred to another authorized recipient by October 15, 1998. The
letter further stated that failure to dispose of licensed material by
that date could result in significant enforcement action, including the
imposition of monetary civil penalties. Nonetheless, Mr. Deleo did not
transfer the gauges. During another inspection of Mr. Deleo's
Havertown, PA, facility on March 16, 1998, he was again informed that
10 CFR 30.36 required him to transfer licensed material to an
authorized recipient by October 15, 1998.
The NRC attempted to contact Mr. Deleo several times between
December 30, 1998 and March 10, 1999 by leaving messages on his
answering machine to determine the status of the licensed material. As
of April 1, 1999, Mr. Deleo had not returned the telephone calls. As a
result, a joint inspection/investigation by the NRC Office of
Investigations and Division of Nuclear Materials Safety was conducted
on April 1, 1999, at his Havertown, PA, facility. That investigation
disclosed that Mr. Deleo still retained possession of the gauges. Based
on the above, including the OI investigation, the NRC concluded that
Mr. Deleo was in willful violation of NRC requirements.
Since the Licensee had not conducted its activities in full
compliance with NRC requirements, a written Notice of Violation and
Proposed Imposition of Civil Penalty (Notice) was served upon the
Licensee by letter dated June 2, 1999. The Notice states the nature of
the violation, the provision of the NRC's requirements that the
Licensee had violated, and the amount of the civil penalty proposed for
the violation.
III
Although Mr. Deleo has confirmed to the NRC, during a telephone
conversation on June 18, 1999, that he has received the NRC's June 2,
1999 letter transmitting the Notice of Violation and Proposed
Imposition of Civil Penalty, he has failed to respond to it and is
still in possession of the gauges. Therefore, the NRC staff has
determined, as set forth in the Appendix to this Order, that the
violation occurred as stated and that the penalty proposed for the
violation designated in the Notice should be imposed.
IV
In view of the foregoing and pursuant to Section 234 of the Atomic
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205,
it is hereby ordered that:
The Licensee pay a civil penalty in the amount of $5,500 within 30
days of the date of this Order, in accordance with NUREG/BR-0254. In
addition, at the time of making the payment, the licensee shall submit
a statement indicating when and by what method payment was made, to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
V
The Licensee may request a hearing within 30 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, DC 20555, and include a
statement of good cause for the extension. A request for a hearing
should be clearly marked as a ``Request for an Enforcement Hearing''
and shall be submitted to the Secretary, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC
20555. Copies also shall 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, and to the Regional Administrator, NRC Region I, 475
Allendale Road, King of Prussia, Pennsylvania, 19406.
If a hearing is requested, the Commission will issue an Order
designating the time and place of the hearing. If the Licensee fails to
request a hearing within 30 days of the date of this Order (or if
written approval of an extension of time in which to request a hearing
has not been granted), the provisions of this Order shall be effective
without further proceedings. If payment has not been made by that time,
the matter may be referred to the Attorney General for collection.
In the event the Licensee requests a hearing as provided above, the
issues to be considered at such hearing shall be:
(a) Whether the Licensee was in violation of the Commission's
requirements as set forth in the Notice referenced in Section II above,
and
(b) Whether, on the basis of such violation, this Order should be
sustained.
Dated this 23rd day of August 1999.
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Director, Office of Enforcement.
Appendix: Evaluation(s) and Conclusion
On June 2, 1999, a Notice of Violation and Proposed Imposition of
Civil Penalty (Notice) was issued to Alfonso Deleo for a violation
identified during an NRC inspection and investigation. Mr. Deleo has
failed to respond to the Notice. Accordingly, the NRC has concluded
that the violation occurred as stated in the Notice and the licensee
has not provided any basis for a reduction of the severity level or for
mitigation of
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the civil penalty. Therefore, the proposed civil penalty in the amount
of $5,500 should be imposed.
[FR Doc. 99-22651 Filed 8-30-99; 8:45 am]
BILLING CODE 7590-01-P
