[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Notices]
[Pages 60471-60472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26009]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-32990; License No. 47-25225-01; EA-00-118]


In the Matter of Bass Energy, Inc. Bruceton Mills, West Virginia 
26525; Order Imposing Civil Monetary Penalty

I

    Bass Energy, Inc. (Licensee) is the previous holder of Materials 
License No. 47-25225-01 originally issued by the Nuclear Regulatory 
Commission (NRC) on December 15, 1992, and amended on September 2, 
1998. The License has subsequently been transferred to another entity. 
The license authorized Bass Energy, Inc. to possess and use sealed 
sources registered pursuant to 10 CFR 32.210 or an equivalent Agreement 
State regulation and contained in a Scan Technologies Model 3500 fixed 
gauging device.

II

    An investigation of the Licensee's activities was initiated by the 
NRC Office of Investigations (OI) on November 3, 1999, and an NRC 
inspection conducted on September 28, 1999. The results of the 
investigation and inspection revealed 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 June 30, 2000. 
The Notice stated the nature of the violations, the provisions of the 
NRC's requirements that the Licensee violated, and the amount of the 
civil penalty proposed for the violations.
    To date, the Licensee has not responded to the Notice or paid the 
civil penalty. Additionally, telephone calls were initiated on August 
16,18, 25 and 30, and September 1, 2000 by Mr. Mark Lesser, Acting 
Deputy Director, Division of Nuclear Materials Safety, NRC, Region II, 
to Mr. Thomas, President of Bass Energy, Inc., and his attorney 
concerning Bass Energy's intent to respond to the Notice or pay the 
civil penalty. Mr. Thomas has declined to discuss the matter and his 
attorney has not returned Mr. Lesser's calls.

III

    After consideration of the Licensee's failure to respond to the 
Notice and pay the proposed civil penalty, the NRC staff has 
determined, that the civil penalty in the amount of $8,800 for the 
violations described 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, 10 CFR 2.201 and 
10 CFR 2.205, It Is Hereby Ordered That:
    (A) The Licensee pay a civil penalty in the amount of $8,800 within 
30 days of the date of this Order, in accordance with NUREG/BR-0254. In 
addition, at the time of making 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, 
and

[[Page 60472]]

    (B) The Licensee respond in writing to the Notice pursuant to the 
provisions of 10 CFR 2.201 within 30 days of the date of this Order 
addressing: (1) Admission or denial of the alleged violations, (2) the 
reasons for the violations if admitted, and if denied, the reasons why, 
(3) the corrective steps that have been taken and the results achieved, 
(4) the corrective steps that will be taken to avoid further 
violations, and (5) the date when full compliance will be achieved. 
This response shall also be addressed to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission.
    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 II, U.S. Nuclear Regulatory Commission, 61 Forsyth St., SW, 
Suite 23T85, Atlanta, GA 30303.
    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 Part I of the Notice referenced in Section 
II above, and
    (b) Whether, on the basis of such violation, this Order should be 
sustained.

    Dated this 29th day of September 2000.
R. William Borchardt,
Director, Office of Enforcement.
[FR Doc. 00-26009 Filed 10-10-00; 8:45 am]
BILLING CODE 7590-01-P