[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56486-56488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23112]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-39036; EA-18-123; NRC-2019-0203]
In the Matter of Solis Tek, Inc.
AGENCY: Nuclear Regulatory Commission.
ACTION: Order imposing civil monetary penalty; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
imposition order (Order) to Solis Tek, Inc. (Solis Tek). After
consideration of Solis Tek's request for mitigation of the Civil
Penalty amount proposed in the NRC Notice of Violation and Proposed
Imposition of Civil Penalty (Notice) served upon Solis Tek by letter
dated May 15, 2019 the NRC staff has determined that the violations
occurred as previously stated in the Notice and that the $45,500
penalty proposed for the violations will be imposed. This Order is
effective upon its issuance.
DATES: This order was issued on October 9, 2019.
ADDRESSES: Please refer to Docket ID NRC-2019-0203 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0203. Address
questions about NRC docket IDs to Jennifer Borges Roman; telephone:
301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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 [email protected]. The May 15, 2019 letter is available
in ADAMS under Accession No. ML19114A261. The October 9, 2019 order is
available in ADAMS under Accession No. ML19200A164.
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: Susanne Woods, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-287-9446, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 17th day of October, 2019.
For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.
Attachment--Order Imposing Civil Monetary Penalty
United States of America
Nuclear Regulatory Commission
In the Matter of:
Solis Tek, Incorporated, Carson, CA. Docket No. 030-39036,, License
No. 29-35415-01E, EA-18-123.
Order Imposing Civil Monetary Penalty
I
Solis Tek, Incorporated (Solis Tek) was the holder of Materials
License No. 29-35415-01E issued on July 20, 2017, by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 30 of Title
10 of the Code of Federal Regulations (10 CFR). The license authorized
the distribution of bulbs containing radioactive material (krypton-85)
to unlicensed persons in accordance with conditions specified therein.
The Solis Tek facility is located in Carson, California.
In its letter dated June 10, 2019, Solis Tek requested termination
of License Number 29-35415-01E. the NRC issued the license termination
for this license on October 9, 2019 (ADAMS Accession No. ML19206A096).
II
The NRC initiated an investigation on June 20, 2017, and conducted
an inspection from July 9, 2018, to August 22, 2018. The results of
this investigation and inspection indicated that Solis Tek 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 Solis Tek by letter dated May 15, 2019. The
Notice states the nature of the violations, the provisions of the NRC's
requirements that Solis Tek violated, and the amount of the civil
penalty proposed for the violations.
Solis Tek responded to the Notice in a letter dated June 10, 2019.
In its response, Solis Tek did not dispute the violations or their
severity, but requested mitigation of the proposed civil penalty
amount, alternative dispute resolution (ADR), and termination of the
license.
III
After consideration of Solis Tek's response and the statements of
fact, explanation, and argument for mitigation contained therein, the
NRC staff has determined as set forth in the Appendix to this Order
that the
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violations occurred as stated and that the penalty proposed for the
violations designated in the Notice should be imposed. The NRC also
determined that ADR was not appropriate given Solis Tek's request to
terminate the license.
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:
Solis Tek pay a civil penalty in the amount of $43,500 within 30
(thirty) days of the date of this Order. Payment is to be made in
accordance with NUREG/BR-0254 ``Payment Methods'' (http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0254/). In addition, at
the time payment is made, Solis Tek 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 2.205(d), Solis Tek and any other person
adversely affected by this Order may request a hearing on this Order
within 30 days of the date of this Order. 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,
Washington, DC 20555, 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). 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 [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for 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 the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.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. Submissions should be in Portable Document Format (PDF).
Additional guidance on PDF submissions is available on the NRC public
website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.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 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, applicants and
other participants (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 Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
website at http://www.nrc.gov/site-help/e-submittals/getting-started.html, by email at [email protected], or by a toll-free call
at 866-672-7640. The NRC Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern Time, 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff.
Participants filing adjudicatory documents 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 the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``Cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for
[[Page 56488]]
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 Solis Tek 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 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 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 of
this Order 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.
For the Nuclear Regulatory Commission
/RA/ F.P. Peduzzi for
George A, Wilson,
Director Office of Enforcement
Dated this 9th day of October 2019
Appendix
Evaluation and Conclusion
On May 15, 2019, the U.S. Nuclear Regulatory Commission (NRC)
issued a Notice of Violation and Proposed Imposition of Civil
Penalty (Notice) for violations identified during an NRC
investigation and inspection. Solis Tek, Incorporated (Solis Tek or
Licensee) responded to the Notice on June 10, 2019. Solis Tek did
not dispute the violations or severity, however, Solis Tek requested
mitigation of the proposed civil penalty amount. The NRC's
evaluation and conclusion regarding Solis Tek's request is as
follows:
Summary of Solis Tek's Request for Mitigation of Civil Penalty
Amount
Solis Tek requested termination of the license, Alternative
Dispute Resolution (ADR) mediation, and a decrease of the civil
penalty amount due.
NRC Evaluation of Licensee's Request
In its letter dated June 10, 2019, Solis Tek requested
termination of License Number 29-35415-01E. The NRC issued the
license termination for this license on October 9, 2019 (ADAMS
Accession No. ML19206A096).
The NRC's interest in the ADR process is mutually agreeable
changes to a licensee's program that result in not only corrective
actions to restore compliance and maintain compliance in the future,
but also to make a stronger, more robust licensee program. The
outcome of an ADR is an Order that amends the license. This is not
compatible with termination of a license. The NRC Enforcement
Policy, Section 2.4.3 states, in part, that in some circumstances,
it may not be appropriate for the NRC to engage in ADR. The NRC has
determined that it is not in the NRC's or the public's interest for
NRC to engage in ADR given the request to terminate the license.
Section 2.5.5 of the NRC Enforcement Manual states, in part,
that although Tables A and B in the Enforcement Policy are
structured to take into account the gravity of a violation as a
primary consideration, and a licensee's ability to pay as a
secondary matter, there may be circumstances that warrant an
adjustment to the base civil penalty or consideration of payment of
a civil penalty over time. Section 2.5.5 also describes the
information needed from a licensee to support the reduction of a
civil penalty on this basis. During the exit call on June 5, 2019,
Solis Tek requested information on installment payments, indicating
that a lump sum payment of the civil penalty may pose a financial
hardship. In an email dated June 6, 2019, the NRC provided Solis Tek
with information regarding requesting payments over time or a
reduction in penalty. The email indicated that such requests can be
considered and summarized the information that is typically required
to make a request on the basis of financial hardship. The email also
reminded Solis Tek that there was an email address and phone number
in the ``Payment Methods'' brochure that was enclosed with the final
action letter for questions regarding payments. In this case, Solis
Tek did not subsequently submit the information required to support
a reduction in penalty or payments over time on this basis.
Conclusion
Based on its evaluation, the NRC has concluded that these
violations occurred as stated, that engaging in ADR is not in the
NRC's or the public's interest, and that Solis Tek did not provide
an adequate basis for mitigation of the proposed civil penalty.
Therefore, the NRC will impose a civil penalty in the amount of
$43,500.
[FR Doc. 2019-23112 Filed 10-21-19; 8:45 am]
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