Certification of Motion to the Commission, April 24, 1963. 316 Order under Rule 2.740 of Commission's Rules of Procedure, February Southern California Edison Company, San Diego Gas & Electric Co., Initial Decision, January 29, 1964. 366 Sullivan (Mistrot), D/B/A Southwestern Radiological Service Company: 1 Texas Water Wells, Inc.: Order Denying Motion for Resetting of Hearing or for Continuance, 680 Certification of Ruling to Commission, September 27, 1962- 175 176 Initial Decision, October 10, 1962.. 177 BYPRODUCT MATERIAL LICENSE No. 42–7236–1 (G–63) IN THE MATTER OF MISTROT M. SULLIVAN, D/B/A, SOUTHWESTERN RADIOLOGICAL SERVICE CO. Issued January 8, 1962 ORDER On December 12, 1961, the Division of Licensing and Regulation of the Commission, under delegated authority, issued an Order to Show Cause and Order Suspending License (hereinafter the "Order to Show Cause"), directed to Mistrot M. Sullivan, d/b/a, Southwestern Radiological Service Company, 2121 Midlane and/or 6034 Long Drive, Houston, Texas, (hereinafter the "licensee"), to show cause at a hearing to be held in Houston, Texas, on January 22, 1962, why Byproduct Material License No. 42-7236-1 (G-63) should not be revoked.1 Part II of the Order to Show Cause specified violations of the Atomic Energy Act of 1954, as amended, the Commission's regulations, and provisions of the license, some of which violations were alleged to have been willful. The Order to Show Cause directed that an Answer thereto be filed pursuant to the Commission's Rules on or before December 22, 1961, and that on failure of the licensee to file and serve an answer within the specified time or to appear at the hearing, an order revoking the license might be issued without further notice. No answer was filed by the licensee. However, the licensee addressed a telegram dated December 20, 1961, to the Division of Licensing and Regulation, which stated: "Cancel Bí Products Material License Number 42-7236-1 (G63) as of this date." 2 [sic] On January 5, 1962, the Atomic Energy Commission regulatory staff filed a "Motion to Revoke License and Terminate Proceeding" which asked that, no answer having been filed, an order revoking the license without further hearing be entered pursuant to the provisions of Section 2.738 of the "Rules of Practices", 10 CFR 2. The license was originally issued on March 22, 1961 and authorized possession of Cobalt 60, Cesium 137, Iridium 192 and Strontium 90. An amendment was issued on September 19, 1961 which authorized possession of 20 curies of Iridium 192. All incidents alleged pertained to activity after the September amendment, and related to approximately 48 willful violations. The Order to Show Cause stated that respecting the September amendment: the conditions and limitations were explained. . to the licensee on the date of issuance. The first violation is alleged to have occurred on October 14, 1961. 2 An additional telegram on the same date stated: "Iridium 192 sealed source referred to in show cause order of December 12, 1961 shipped to Gamma Industries, Baton Rouge, Louisiana, on December 19, 1961." Paragraph 4 of the Order to Show Cause directed this licensee to transfer "any byproduct material received under this license to a Commission facility or to a licensee authorized to receive such material." The issues specified for consideration at the hearing did not include whether there had been compliance with the Order to Show Cause and thus no determination is here made whether the licensee has complied with Paragraph 4 of the Order. |