[Federal Register: November 24, 2003 (Volume 68, Number 226)]
[Notices]               
[Page 65964-65965]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no03-127]                         

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-31160, License No. 21-26060-01EA-03-100]

 
In the Matter of Mid American Inspection Services, Inc., Gaylord, 
MI; Order Imposing Civil Monetary Penalty

I

    Mid American Inspection Services, Inc. (Licensee) is the holder of 
Materials License No.21-26060-01 issued (renewed) by the Nuclear 
Regulatory Commission (NRC or Commission) August 27, 2001. The license 
authorizes the Licensee to perform industrial radiography using NRC-
licensed materials in accordance with the conditions specified therein.

II

    The NRC conducted an inspection of the Licensee's activities on 
April 10, 2003. 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 
August 12, 2003. The Notice states the nature of the violation, the 
provision of the NRC's requirements that the Licensee had violated, and 
the amount of the civil penalty proposed for the violation.
    The Licensee responded to the Notice in a letter dated, September 
8, 2003. In its response, the Licensee admitted the violation and 
provided its corrective actions to prevent recurrence of similar 
violations in the future. The Licensee also requested reduction of the 
proposed civil penalty.

III

    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for reduction contained therein, the 
NRC staff has exercised discretion and lowered the proposed civil 
penalty of $6,000 to $3,000. Therefore, a civil penalty in the amount 
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:
    The Licensee pay a civil penalty in the amount of $3,000 within 30 
days of the date of this Order, in accordance with NUREG/BR-0254. In 
addition, at the time of making the 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.

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, 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

[[Page 65965]]

the Assistant General Counsel for Materials Litigation and Enforcement 
at the same address, and to the Regional Administrator, NRC Region III, 
801 Warrenville Road, Lisle, IL 60532-4351. Because of continuing 
disruptions in delivery of mail to United States Government offices, it 
is requested that requests for hearing be transmitted to the Secretary 
of the Commission either by means of facsimile transmission to (301) 415-1101 or by e-mail to hearingdocket@nrc.gov and also to the Office 
of the General Counsel either by means of facsimile transmission to (301) 415-3725 or by e-mail to OGCMailCenter@nrc.gov.
    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:
    Whether, on the basis of the violations admitted by the license, 
this Order should be sustained.

    For the Nuclear Regulatory Commission.

    Dated this 14th day of November, 2003.
Frank Congel,
Director, Office of Enforcement.
[FR Doc. 03-29244 Filed 11-21-03; 8:45 am]

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