[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Notices]
[Pages 18652-18654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07984]


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NUCLEAR REGULATORY COMMISSION

[EA-13-251; NRC-2015-0083]


In the Matter of ATC Group Services, Inc.

AGENCY: Nuclear Regulatory Commission.

[[Page 18653]]


ACTION: Order imposing civil monetary penalty; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order imposing civil monetary penalty of $3,500 to ATC Group Services, 
Inc., for the failure to control a portable gauge. The Order is being 
imposed after receipt and review of the Licensee's reply to a Severity 
Level III Notice of Violation and Proposed Imposition of Civil Penalty 
Issued on November 19, 2014.

DATES: Effective Date: April 25, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0083 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this action by the 
following methods:
    <bullet> Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0083. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#c380a2b1acafed84a2afafa2a4aba6b183adb1a0eda4acb5"><span class="__cf_email__" data-cfemail="27644655484b0960464b4b46404f42556749554409404851">[email protected]</span></a>. For questions about this Order, 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to <a href="/cdn-cgi/l/email-protection#48382c3a663a2d3b273d3a2b2d08263a2b662f273e"><span class="__cf_email__" data-cfemail="3f4f5b4d114d5a4c504a4d5c5a7f514d5c11585049">[email protected]</span></a>. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
original Notice of Violation and Proposed Imposition of Civil Penalty 
can be found in ADAMS under Accession No. ML14324A963.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Patricia Lougheed, Region III, U.S. 
Nuclear Regulatory Commission, Lisle, Illinois 60532; telephone: 630 
810-4376, email: <a href="/cdn-cgi/l/email-protection#c898a9bcbaa1aba1a9e684a7bdafa0adadac88a6baabe6afa7be"><span class="__cf_email__" data-cfemail="1848796c6a717b71793654776d7f707d7d7c58766a7b367f776e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Lisle, Illinois this 27th day of March, 2015.
    For the Nuclear Regulatory Commission.
Darrell J. Roberts,
Acting Regional Administrator.

In the Matter of ATC Group Services, Inc. Indianapolis, IN
Docket No. 030-13245
License No. 13-17732-01
EA-13-251

Order Imposing Civil Monetary Penalty

I

    ATC Group Services, Inc. (Licensee) is the holder of Materials 
License No. 13-17732-01, issued by the U.S. Nuclear Regulatory 
Commission (NRC) on December 30, 1977, and last amended January 29, 
2014 (Amendment 31). The license authorizes the Licensee to use and 
store moisture/density gauges containing radioactive material in 
accordance with the conditions specified therein.

II

    An inspection of the Licensee's activities was conducted on 
December 4, 2013, and an Office of Investigations investigation was 
completed August 12, 2014. The results of this inspection and 
investigation 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 November 19, 2014. 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 December 14, 
2014. In its response, the Licensee disagreed with the NRC assessment 
of the safety significance of the violation. Specifically, the Licensee 
requested that the violation be deemed a Severity Level IV violation.

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 that, as set forth in the Appendix to this 
Order, 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 pays a civil penalty in the amount of $3,500 within 30 
days of the date of this Order, in accordance with NUREG/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

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 30 days of its issuance. In addition, the Licensee and any 
other person adversely affected by this Order may request a hearing on 
this Order within 30 days of its issuance. Where good cause is shown, 
consideration will be given to extending the time to answer or request 
a hearing. A request for extension of time must be directed to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
and include a statement of good cause for the extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139; 
August 28, 2007, as amended by 77 FR 46562, August 3, 2012), codified 
in pertinent part at 10 CFR part 2, subpart C. The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at <a href="/cdn-cgi/l/email-protection#8de5e8ecffe4e3eaa3e9e2eee6e8f9cde3ffeea3eae2fb"><span class="__cf_email__" data-cfemail="81e9e4e0f3e8efe6afe5eee2eae4f5c1eff3e2afe6eef7">[email protected]</span></a>, or by 
telephone at (301) 415-1677, to request: (1) A digital ID certificate, 
which allows the participant (or its counsel or representative) to 
digitally sign documents and access the E-Submittal server for any 
proceeding in which it is participating; and (2) advise the Secretary 
that the participant will be submitting a request or petition for

[[Page 18654]]

hearing (even in instances in which the participant, or its counsel or 
representative, already holds an NRC-issued digital ID certificate). 
Based upon this information, the Secretary will establish an electronic 
docket for the hearing in this proceeding if the Secretary has not 
already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, web-based submission form. In order to 
serve documents through Electronic Information Exchange (EIE), users 
will be required to install a web browser plug-in from the NRC Web 
site. Further information on the web-based submission form, including 
the installation of the Web browser plug-in, is available on the NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene through the EIE. Submissions 
should be in Portable Document Format (PDF) in accordance with NRC 
guidance available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the 
time the documents are submitted through the NRC's E-Filing system. To 
be timely, an electronic filing must be submitted to the E-Filing 
system no later than 11:59 p.m. Eastern Time (ET) on the due date. Upon 
receipt of a transmission, the E-Filing system time-stamps the document 
and sends the submitter an email notice confirming receipt of the 
document. The E-Filing system also distributes an email notice that 
provides access to the document to the NRC Office of the General 
Counsel and any others who have advised the Office of the Secretary 
that they wish to participate in the proceeding, so that the filer need 
not serve the documents on those participants separately. Therefore, 
any others who wish to participate in the proceeding (or their counsel 
or representative) must apply for and receive a digital ID certificate 
before a hearing request/petition to intervene is filed so that they 
can obtain access to the document via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email at 
<a href="/cdn-cgi/l/email-protection#3578667d711b6750465a40475650755b47561b525a43"><span class="__cf_email__" data-cfemail="8ec3ddc6caa0dcebfde1fbfcedebcee0fceda0e9e1f8">[email protected]</span></a>, or by a toll-free call at (866) 672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., ET, 
Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket, which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    If a person other than the Licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by the Licensee or 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 Order 
should be sustained. In the absence of any request for a hearing, or 
written approval of an extension of time in which to request a hearing, 
the provisions specified in Section IV above shall be final 30 days 
from the date this Order is issued without further order or 
proceedings. If an extension of time for requesting a hearing has been 
approved, the provisions specified in Section IV shall be final when 
the extension expires if a hearing request has not been received. If 
payment has not been made by the time specified above, the matter may 
be referred to the Attorney General for collection. [light face 
signature below]

    Dated this 27th day of March, 2015.

    For the Nuclear Regulatory Commission
Darrell J. Roberts
Acting Regional Administrator Region III
[FR Doc. 2015-07984 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 7590-01-P


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