10124 Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices

the Pottstown Public library, 500 High

Street, Pottstown, PA.

Dated at Rockville, Maryland, this 16th day

of February 1995.

For the Nuclear Regulatory Commission.

Frank Rinaldi,

Project Manager, Project Directorate I–2,

Division of Reactor Projects I/II, Office of

Nuclear Reactor Regulation.

[FR Doc. 95–4384 Filed 2–22–95; 8:45 am]

BILLING CODE 7590–01–M

[Docket No. 030–29343; License No. 29–

19310–02 (Expired); EA 94–226]

Environmental Testing Laboratories,

Inc., Philadelphia, Pennsylvania; Order

Imposing a Civil Monetary Penalty

I

Environmental Testing Laboratories

(ETL), Inc. (Licensee), is the holder of

expired Byproduct Materials License

No. 29–19310–02 (License) issued by

the Nuclear Regulatory Commission

(NRC or Commission) pursuant to 10

CFR Part 30 on July 31, 1986. The

License authorized the possession and

use of nickel–63 in plated sources or

foils, not to exceed 15 millicuries per

foil, in accordance with the conditions

specified therein. The License expired

on August 31, 1991.

II

ETL did not submit an application for

renewal of the License under 10 CFR

30.37 prior to its expiration on August

31, 1991, nor did ETL notify the

Commission, in writing under 10 CFR

30.36, of a decision not to renew the

License 30 days prior to its expiration.

Although Mr. Walter Holm, Jr., the

Radiation Safety Officer, stated ETL’s

intentions in a letter dated May 15,

1991, to terminate the license, until

January 24, 1995, ETL had not

transferred the licensed material to an

authorized recipient, nor had ETL

applied for an NRC license.

On January 14, 1993, NRC Region I

issued a Notice of Violation (NOV) at

Severity Level IV to ETL, mailed to Mr.

Walter Holm, for possession of

byproduct material without a valid NRC

license. The letter forwarding the NOV

directed the Licensee to lace the

byproduct material in secure storage,

not to use the material, and promptly

transfer the byproduct material to an

authorized recipient. The Licensee did

not respond to that NOV. In a June 7,

1994 letter, the NRC again reminded

ETL of the need to respond to the NRC

Notice of Violation. ETL did not

respond. In addition, ETL did not

respond to a telephone message left on

October 26, 1994. On November 10,

1994, a written Notice of Violation and

Proposed Imposition of Civil Penalty

(Notice); Notification of Consideration

of the Imposition of Daily Civil

Penalties; and Order to Cease and Desist

Use and Possession of Regulated

Byproduct Material were served upon

ETL. The Notice categorized the

violation at Severity Level III since ETL

had not transferred the material nor

responded to the NOV issued on

January 14, 1993. ETL has not

responded in writing to the Notice, even

though a response was required by

December 10, 1994, and even though the

NRC contacted ETL on January 3, 6 and

18, 1995, regarding submittal of a

response. ETL has not responded to the

Order to Cease and Desist as required.

However, NRD, a sub-contractor of

Perkin-Elmer (an authorized recipient)

received the sealed source from ETL on

January 24, 1995.

III

The NRC staff has determined, as set

forth in the Appendix to this Order, that

the violations occurred as stated in the

Notice, and that a penalty of $3,000

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:

ETL pay a penalty in the amount of $3,000

within 30 days of the date on this Order, by

check, draft, money order, or electronic

transfer, payable to the Treasurer of the

United States and mailed to James

Lieberman, Director, Office of Enforcement,

U.S. Nuclear Regulatory Commission, One

White Flint North, 11555 Rockville, MD

20852–2738.

V

ETL may request a hearing within 30

days of the date of this Order. A request

for a hearing should be clearly marked

as a ‘‘Request for an Enforcement

Hearing’’ and shall be addressed to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555, with a copy to

the Commission’s Document Control

Desk, Washington, D.C. 20555. Copies

also shall be sent to the Assistant

General Counsel for Hearings and

Enforcement at the same address and to

the Regional Administrator, NRC Region

I, 475 Allendale Road, 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 ETL fails to request a hearing

within 30 days of the date of this Order,

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 ETL requests a hearing as

provided above, the issues to be

considered at such hearing shall be:

(a) Whether ETL 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

violations, this Order should be

sustained.

Dated at Rockville, Maryland this 15th day

of February 1995.

For the Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

Appendix—Violations and Conclusion

On November 10, 1994, a Notice of

Violation and Proposed Imposition of Civil

Penalty (Notice) was issued based on a

review of communications (and associated

documents) conducted between the NRC and

Environmental Testing Laboratories, Inc.

(ETL) between November 1991 and October

26, 1994. ETL has not responded to the

Notice, even though a response was required

by December 10, 1994, and even though NRC

contacted ETL on January 3, 6 and 18, 1995,

to remind them of need to respond. The

violations set forth in the Notice, as well as

the NRC conclusion on this matter, are as

follows:

1. Restatement of Violations

A. 10 CFR 30.3 states, in part, that except

for persons exempt as provided in 10 CFR

Parts 30 and 150, no person shall possess or

use byproduct material except as authorized

in a specific or general license issued

pursuant to the regulations in this chapter.

Contrary to the above, from January 14,

1993 through October 31, 1994, ETL has been

in possession of byproduct material not

authorized under a specific or general

license, and ETL is not exempt as provided

in 10 CFR Parts 30 and 150. (01013)

B. 10 CFR 30.36(b) requires, in part, that

each licensee notify the Commission

promptly, in writing, and request termination

of the license when the licensee decides to

terminate all activities involving materials

authorized under the license.

10 CFR 30.36(c)(1) requires, in part, that if

a licensee does not submit an application for

license renewal under 10 CFR 30.37, the

licensee shall, on or before the expiration

date specified in the license, terminate use of

byproduct material; properly dispose of

byproduct material; submit a completed form

NRC–314, which certifies information

concerning the disposition of material; and

conduct a radiation survey of the premises

where the licensed activities were carried out

and submit a report of the results of this

survey.

Contrary to the above, as of August 31,

1991, the NRC license issued to ETL expired

and the licensee did not submit an

application for license renewal nor did it
Federal Register / Vol. 60, No. 36 / Thursday, February 23, 1995 / Notices 10125

notify the Commission and request

termination of its license, dispose of its

byproduct material, submit a completed form

NRC–314, and submit a report of the results

of a survey of the premises where the

licensed activities were carried out. (01023)

2. NRC Evaluation and Conclusion

ETL has failed to respond to the Notice.

The November 14, 1993 letter accompanying

the Notice provided a full explanation as to

why a civil penalty was warranted in this

matter. Absent a response from ETL, the NRC

has no basis to retract the violations or

withdraw the civil penalty. Since a response

to the Notice was due by December 10, 1994,

and ETL has not responded, despite several

reminders, the NRC concludes that a civil

penalty in the amount of $3,000 should be

imposed.

[FR Doc. 95–4385 Filed 2–22–95; 8:45 am]

BILLING CODE 7590–01–M

Advisory Committee on Reactor

Safeguards; Meeting Agenda

In accordance with the purposes of

Sections 29 and 182b. of the Atomic

Energy Act (42 U.S.C. 2039, 2232b), the

Advisory Committee on Reactor

Safeguards will hold a meeting on

March 9–11, 1995, in Conference Room

T2B3, 11545 Rockville Pike, Rockville,

Maryland. The date of this meeting was

previously published in the Federal

Register Notice on Wednesday,

December 28, 1994 (59 FR 66977).

Thursday, March 9, 1995

8:30 A.M.–8:45 A.M.: Opening

Remarks by the ACRS Chairman

(Open)—The ACRS Chairman will make

opening remarks regarding conduct of

the meeting and comment briefly

regarding items of current interest.

During this session, the Committee will

discuss priorities for preparation of

ACRS reports.

8:45 A.M.–10:30 A.M.: Proposed Final

Amendment to 10 CFR Part 54, Nuclear

Power Plant License Renewal (Open)—

The Committee will hear presentations

by and hold discussions with

representatives of the NRC staff

regarding the proposed final

amendment to 10 CFR Part 54.

Representatives of the industry will

participate, as appropriate.

10:45 A.M.–12:00 Noon: Rulemaking

to Obtain Equipment Reliability Data

from Licensees (Open)—The Committee

will hear presentations by and hold

discussions with representatives of the

NRC staff regarding the proposed rule to

obtain equipment reliability data from

licensees.

Representatives of the industry will

participate, as appropriate.

1:00 P.M.–2:30 P.M.:

Decommissioning of Nuclear Power

Reactors (Open)—The Committee will

hear presentations by and hold

discussions with representatives of the

NRC staff and the Nuclear Energy

Institute regarding the proposed rule on

decommissioning of nuclear power

reactors.

2:30 P.M.–4:00 P.M.: Wolf Creek

Event—Loss of Reactor Coolant

Inventory During Shutdown (Open)

The Committee will hear

presentations by and hold discussions

with representatives of the NRC staff

regarding the safety significance of the

event at the Wolf Creek Nuclear Power

Plant which involved loss of reactor

coolant inventory during shutdown.

Representatives of the industry will

participate, as appropriate.

4:15 P.M.–5:15 P.M.: Methods for

Estimating (Seismic) Core-Damage

Frequency from a Seismic Margin

Analysis (Open)—The Committee will

hear presentations by and hold

discussions with the ACRS Fellow

regarding the status of Committee

activities in developing a methodology

for estimating the core-damage

frequency from seismic events, given

that a plant has performed a seismic

margin analysis. (This is part of the

Committee’s efforts to provide guidance

and insights to the Commission for

determining where the current

population of operating plants, both

individually and collectively, fall in

relation to the safety goals.)

5:15 P.M.–6:30 P.M.: Preparation of

ACRS Reports (Open)—The Committee

will discuss proposed ACRS reports on

certain matters considered during this

meeting.

Friday, March 10, 1995

8:30 A.M.–8:35 A.M.: Opening

Remarks by the ACRS Chairman

(Open)—The ACRS Chairman will make

opening remarks regarding conduct of

the meeting.

8:35 A.M.–9:30 A.M.: Kobe

Earthquake (Open)—The Committee

will hear presentations by and hold

discussions with representatives of the

NRC staff regarding the impact of the

recent Kobe earthquake on nuclear

power plants and other structures

located in the vicinity of the earthquake.

9:30 A.M.–10:15 A.M.: Report of the

Planning and Procedures Subcommittee

(Open/Closed)—The Committee will

hear a report of the Planning and

Procedures Subcommittee on matters

related to the conduct of ACRS business

and internal organizational and

personnel matters relating to the ACRS

staff members.

A portion of this session may be

closed to discuss matters that relate

solely to internal personnel rules and

practices of this Advisory Committee,

and matters the release of which would

constitute a clearly unwarranted

invasion of personal privacy.

10:30 A.M.–11:00 A.M.: Future ACRS

Activities (Open)—The Committee will

discuss topics proposed for

consideration during future ACRS

meetings.

11:00 A.M.–11:15 A.M.: Reconciliation

of ACRS Comments and

Recommendations (Open)—The

Committee will discuss responses from

the NRC Executive Director for

Operations to ACRS comments and

recommendations included in recent

ACRS reports.

11:15 A.M.–12:00 Noon: Preparation

of ACRS Reports (Open)—The

Committee will continue its discussion

of proposed ACRS reports on certain

matters considered during this meeting.

1:00 P.M.–3:15 P.M.: Preparation of

ACRS Reports (Open)—The Committee

will continue its discussion of proposed

ACRS reports on certain matters

considered during this meeting.

3:30 P.M.–3:45 P.M.: Subcommittee

Activities (Open)—The Committee will

hear a report by the Chairman of the

ACRS Thermal Hydraulic Phenomena

Subcommittee regarding the February

15–16, 1995 meeting.

3:45 P.M.–5:00 P.M.: New Research

Needs (Open)—The Committee will

discuss new research needs.

5:00 P.M.–6:30 P.M.: Strategic

Planning (Open)—The Committee will

discuss items that are of significant

importance to the Committee and the

Commission.

Saturday, March 11, 1995

8:30 A.M.–10:30 A.M.: Preparation of

ACRS Reports (Open)—The Committee

will continue its discussion of ACRS

reports on certain matters considered

during this meeting.

10:45 A.M.–11:45 A.M.: Strategic

Planning (Open)—The Committee will

continue to discuss items that are of

significant importance to the Committee

and the Commission.

11:45 A.M.–12:00 Noon:

Miscellaneous (Open)—The Committee

will discuss miscellaneous matters

related to the conduct of Committee

activities and complete discussions of

topics that were not completed during

previous meetings as time and

availability of information permit.

Procedures for the conduct of and

participation in ACRS meetings were

published in the Federal Register on

October 5, 1994 (59 FR 50780). In

accordance with these procedures, oral

or written statements may be presented

by members of the public, electronic

recordings will be permitted only