[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Notices]
[Pages 26743-26744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12217]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-22026; License No. 37-20746-01 (Revoked) EA 95-090]


Joseph Paolino and Sons, Inc.; Mt. Laurel, New Jersey; 
Confirmatory Order

I

    Joseph Paolino and Sons, Inc. (Licensee) previously held Byproduct 
Material License No. 37-20746-01 issued by the Nuclear Regulatory 
Commission pursuant to 10 CFR Part 30. The license authorized the 
possession and use of sealed sources containing byproduct material 
(cesium-137 and americium-241) in portable moisture density gauges, in 
accordance with the conditions specified therein. The license was 
issued on September 20, 1984 and was revoked by an Order Revoking 
License for nonpayment of fees on July 30, 1993.

II

    The Order Revoking License directed the Licensee to transfer all 
licensed material that was in its possession to an authorized 
recipient. The Licensee failed to transfer the material and on August 
18, 1994, the NRC issued a Notice of Violation and Revoked License, 
which was returned unclaimed and resent by messenger service and signed 
for by the Licensee on October 6, 1994. On December 14, 1994, the NRC 
issued a Notice of Violation and Proposed Imposition of Civil Penalty--
$3000 and Notification of Consideration of the Imposition of Daily 
Civil Penalties for unauthorized possession of byproduct material and 
failure to comply with the Order Revoking License. The Licensee failed 
to respond to this action and on March 8, 1995, the NRC issued a Notice 
of Violation and Proposed Imposition of Daily Civil Penalties--$15,000. 
The Licensee responded and transferred the byproduct material in its 
possession to an authorized recipient on March 24, 1995. The Licensee 
did not pay the outstanding civil penalties totaling $18,000.

III

    The Notice of Violation and Proposed Imposition of Civil Penalties 
dated December 14, 1994 and March 8, 1995 are still outstanding. As the 
parties [[Page 26744]] desire to resolve all matters pending between 
them, the Licensee, through its Assistant Secretary, Matthew Paolino, 
has entered into an agreement with the NRC executed on April 18, 1995. 
Under the terms of the agreement, the NRC withdraws the civil penalty 
in the amount of $3,000 proposed by Notice of Violation dated December 
14, 1994 and the daily civil penalties in the total amount of $15,000 
proposed by Notice of Violation dated March 8, 1995. Under the terms of 
the agreement, Joseph Paolino and Sons, Inc., Licensee, agrees that for 
a period of five years from April 18, 1995, (1) neither the Licensee, 
nor any successor entity, shall apply to the NRC for a license; and (2) 
neither Joseph Paolino and Sons, Inc. nor a successor entity, shall 
engage in NRC-licensed activities within the jurisdiction of the NRC 
for that same period of time.

IV

    Accordingly, pursuant to sections 81, 161b, 161i, 186, and 234 of 
the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, 2.205, and 10 CFR Parts 30, 34, and 150, 
IT IS HEREBY ORDERED THAT:
    1. The NRC withdraws the civil penalty in the amount of $3,000 
proposed by Notice of Violation dated December 14, 1994 and the civil 
penalties in the amount of $15,000 proposed by Notice of Violation 
dated March 8, 1995.
    2. For a period of five years from April 18, 1995:
    (a) Neither Joseph Paolino and Sons, Inc., nor any successor entity 
shall apply to the NRC for a license; and
    (b) Neither Joseph Paolino and Sons, Inc., nor any successor 
entity, shall engage in NRC-licensed activities (including exercising 
any control over NRC-licensed activities) within the jurisdiction of 
the NRC for that same period of time.
    3. If Joseph Paolino and Sons, Inc., or a successor entity, 
violates paragraph 2. of this section of the Confirmatory Order, then 
the remaining unpaid civil penalty amount shall be due and payable by 
Joseph Paolino and Sons, Inc. or a successor entity, immediately and 
without further notice.

V

    Any person adversely affected by this Confirmatory Order, other 
than Joseph Paolino and Sons, Inc. or a successor entity, may require a 
hearing within 20 days of its issuance. Any request for a hearing shall 
be submitted to the Secretary, U.S. Nuclear Regulatory Commission, 
ATTN: Chief, Docketing and Service Section, Washington, D.C. 20555. 
Copies also shall be sent to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, Washington, D.C. 20555, to the Assistant 
General Counsel for Hearings and Enforcement at the same address, to 
the Regional Administrator, NRC Region I, 475 Allendale Road, King of 
Prussia, Pennsylvania 19406, and to the Licensee. If such a person 
requests a hearing, that person shall set forth with particularity the 
manner in which his or her interest is adversely affected by this Order 
and shall address the criteria set forth in 10 CFR 2.714(d).
    If a hearing is requested by 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 Confirmatory Order should be 
sustained. In the absence of any request for hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this Order without further order or proceedings.

VI

    On March 24, 1995, the Licensee transferred the byproduct material 
to Glasgow, Inc., an authorized recipient and the NRC, Region I, has 
confirmed that transfer. Accordingly, given the Licensee's failure to 
pay the annual fee for the License, the Licensee's transfer of the 
byproduct material, and the Licensee's agreement as described in 
Section III above, License No. 37-20746-01 is hereby terminated.

    Dated at Rockville, Maryland this 9th day of May 1995.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 95-12217 Filed 5-17-95; 8:45 am]
BILLING CODE 7590-01-M