[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Notices]
[Page 76019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27731]



[[Page 76019]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-35321, License No. 11-27657-01, EA-03-128]


In the Matter of All Tech Corporation Pocatello, Idaho; Order 
Imposing Civil Monetary Penalty

    All Tech Corporation (Licensee) is the holder of Byproduct Material 
License No. 11-27657-01 issued by the Nuclear Regulatory Commission 
(NRC or Commission) on March 6, 2000. The license authorizes the 
Licensee to use and possess portable gauging devices in accordance with 
the conditions specified therein.
    An investigation of the Licensee's activities was initiated on 
March 18, 2003. The investigation concluded that the Licensee had not 
conducted its activities in full compliance with NRC requirements. The 
results of the investigation were discussed with the Licensee during a 
predecisional enforcement conference on September 15, 2003. A written 
Notice of Violation and Proposed Imposition of Civil Penalty (Notice) 
was served upon the Licensee by letter dated April 27, 2004. The Notice 
stated 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.
    The Licensee responded to the Notice in a letter dated June 2, 
2004. In its response, the Licensee denied the violation in whole and 
requested remission or mitigation of the civil penalty.
    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, 
the NRC staff has determined that the violation occurred as stated and 
that the penalty proposed for the violation designated in the Notice 
should be imposed.
    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 $6,000 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.
    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 Materials Litigation and 
Enforcement at the same address, and to the Regional Administrator, NRC 
Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011. 
Because of continuing disruptions in delivery of mail to United States 
Government offices, it is requested that requests for hearing be 
transmitted to the Secretary of the Commission either by means of 
facsimile transmission to 301-415-1101 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#442c2125362d2a23202b272f2130042a36276a232b32"><span class="__cf_email__" data-cfemail="ef878a8e9d8681888b808c848a9baf819d8cc1888099">[email protected]</span></a> and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to <a href="/cdn-cgi/l/email-protection#fbb4bcb8b69a9297b89e958f9e89bb958998d59c948d"><span class="__cf_email__" data-cfemail="df90989c92beb6b39cbab1abbaad9fb1adbcf1b8b0a9">[email protected]</span></a>.
    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 10th day of December 2004.

    For the Nuclear Regulatory Commission.
Frank Congel,
Director, Office of Enforcement.
[FR Doc. 04-27731 Filed 12-17-04; 8:45 am]
BILLING CODE 7590-01-P


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