NRC ORDER – ORDER

On February 22, 2011, the NRC ASLB Hearing Board issued a Memorandum and Order accepting a Settlement and Dismissing the Hearing Proceeding in the matters of Mattingly Testing Services, Inc., (MTS) Order Revoking License (EA-10-100) and Mark M. Ficek Order Prohibiting Engagement in NRC-licensed Activities (IA-10-028) that were both issued on September 2, 2010. Specifically, the NRC staff and two parties, employees of MTS, who had requested a hearing on the September 2 Orders had agreed to a settlement on February 4, 2011, in lieu of continuing the hearing proceeding. The Settlement Agreement was forwarded to the ASLB and approved. The February 22, 2011 Board Order superseded the September 2, 2010 Order Revoking License issued to MTS and the Order Prohibiting Engagement in NRC-licensed Activities issued to Mark M. Ficek. The Order and Settlement included the following terms and conditions: (1) the MTS license remains revoked and parties agree that it will not be reinstated; (2) Mr. Ficek is prohibited from engaging in NRC-licensed activities until September 2, 2017 (the settlement further defines NRC-licensed activities); (3) for a three year period after September 2, 2017, Mr. Ficek is required to notify NRC of employment involving NRC-licensed activities; (4) Mr. Ficek is allowed non-controlling ownership in an NRC licensee, subject to conditions specified in the settlement prohibiting Mr. Ficek’s engagement in licensed activities; (5) Mr. Ficek is allowed to own and/or sell the radiographic exposure devices that were listed on the former MTS license, subject to conditions specified in the settlement; and, (6) that all parties agree that all further procedural steps before the ASLB and any right to challenge or contest the validity of the Board Order entered into in accordance with the Settlement Agreement, and all rights to seek judicial review or otherwise contest the validity of the Board Order are expressly waived.