[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Notices]
[Pages 25788-25789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8672]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-29302; License No. 29-27857-01; EA-06-286]


In the Matter of TRC Engineers, Inc., Mount Laurel, NJ; Order 
Imposing Civil Monetary Penalty

I

    TRC Engineers, Inc., formerly SITE-Blauvelt Engineering, Inc., 
formerly Site Engineers, Inc., is the holder of a byproduct materials 
License No. 29-27857-01 issued by the Nuclear Regulatory Commission 
(NRC or Commission) on July 11, 1986. The license was renewed on 
December 26, 2001 (Amendment 7) and expires on December 31, 2011. The 
license authorizes the Licensee to possess and use certain byproduct 
materials in accordance with the conditions specified therein.

II

    An inspection of the Licensee's activities was completed on 
December 5, 2006 at the licensee's facility, as well as at a temporary 
job site in Monroe, Pennsylvania. The results of this inspection 
indicated that 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 January 30, 2007. The Notice states the nature 
of the violation, the provision of the NRC's requirements that the 
Licensee violated, and the amount of the civil penalty proposed for the 
violation. The Licensee responded to the Notice in a letter dated 
February 28, 2007. In its response, the Licensee disputed the violation 
and requested rescission of the civil penalty.

III

    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, 
the NRC staff has determined, the violation occurred as stated in the 
Notice 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 $ 3,250 within 
30 days of the date of this Order, in accordance with NUREG/

[[Page 25789]]

BR-0254. In addition, at the time payment is made, 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 20555-0001, 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 20555-0001. Copies also shall be sent to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, to the Assistant General Counsel for Materials 
Litigation and Enforcement at the same address, and to the Regional 
Administrator, NRC Region I, 475 Allendale Rd., King of Prussia, PA 
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.

    For the Nuclear Regulatory Commission.
    Dated this 30th day of April 2007.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E7-8672 Filed 5-4-07; 8:45 am]
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