Thermal Science, Inc. v. U.S. Nuclear Regulatory Commission

On October 1, 1996, the United States Nuclear Regulatory Commission (“NRC”) issued a Notice of Violation and proposed that a $900,000 civil penalty be imposed on Thermal Science, Inc. (“TSI”) for alleged violations of the NRC’s “Deliberate Misconduct,” or “Wrongdoer,” Rule, 10 C.F.R. § 50.5. In response, TSI brought suit seeking preliminary and permanent injunctive relief against further proceedings by the agency.

TSI is a Missouri corporation engaged in manufacturing and selling a family of products known as “Thermo-Lag.” Ther-mo-Lag is a fire-retardant material which provides fire protection…