IR 015000004/1993013
| ML20058H494 | |
| Person / Time | |
|---|---|
| Site: | 15000004, 015000004 |
| Issue date: | 11/24/1993 |
| From: | Prendergast K, Yuhas G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML20058H430 | List: |
| References | |
| 15000004-93-13, EA-93-292, NUDOCS 9312130093 | |
| Download: ML20058H494 (4) | |
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U.S. NUCLEAR REGULATORY COMMISSION
REGION V
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Report No. 93-15 License No Calif. 5309-80
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Docket No.
15000004
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Licensee: Construction Test
- ind Engineering Inc.
2414 Vineyard Aver, o. Suite G
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Escondido, California 92029 Inspection at: Edwards Air Force Base, Escondido, and Wrightwood, Cali fornia
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l Inspection Conducted: September 29, 30, and October 25, 1993 Inspector:
'M 4 Yn b A._. I av w e 3 Kent M. Prendergast, Pdfiation Specialist Da'te Sitfned Approved by:
b.. be-uf 24143 Date Signed Gregory P( @V4has,'Chiefterials Safety Branch Radioactive Inspection of September 29-October 25, 1993 (Report No. 93-13)
Areas Insoected: This was an unannounced special inspection to examine
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concerns involving the use of byproduct mate * ial in areas under federal jurisdiction. These concerns are documentes in Region V Allegation Number RV-l 93-A-0059.
The inspection consisted of a review of records and discussions with
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personnel regarding Construction Testing and Engineering (CTE) Inc. activities at Edwards AFB and discussions with the Edwards Air Force Base Radiation Safety Officer.
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Results: One apparent violation of NRC requirements was identified involving the use of byproduct material in areas under federal jurisdiction without an NRC license (See Section 3).
In addition, there were a number of items
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identified that were noted to be in non-compliance with the CTE's California i
license. These items are being addressed by the State of California
Radiologic Protection Branch.
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b 9312130093 931124 PDR STPRC ESGCA PDR i
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DETAILS
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1.
Persons Contacted Jay Lynch, Alternate RSO
Tom, Gaeto, Vice fresident, CTE
Alex Nunez, Kajima Construction QC Manager
Ken Blesch, CTE RS0 i
Mike Kuzek, Kajima Construction, Construction Suparintendent
Bob Beattie, CTE Barstow
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David Archinal, CTE, Escondido
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SSgt. H. Roraback, Edwards AFB Bioenvironmental Engineering Service Eugene Power, NRC, Office of Investigations
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i Indicates personal present at the exit interview.
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2.
Specific Concerns i
During an August 19, 1993, telephone conversation, the NRC was provided I
with a number of concerns regarding CTE's activities in areas of federal
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r jurisdiction. The concerns included the following: a) CTE has worked at
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numerous military bases including Edwards Air Force Base, March Air Force i
Base, China Lake Naval Air Weapons Station, and Fort Irwin without an NRC license or requesting reciprocity; b) CTE had not' provided personnel
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monitoring devices, required by their license for work at Edwards Air Force Base; c) CTE had not performed leak tests on the sealed sources
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used at Edwards AFB; d) CTE had not performed inventories of the sealed
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sources used at Edwards AFB; and e) CTE had not maintained radiation safety records for the gauge used at Edwards AFB.
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3.
Inspection Findinos a)
CTE has worked at Edwards AFB and March AFB without a valid NRC
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license or a request for reciprocity.
Based upon interviews with the individuals listed above, discussions with the Edwards AFB Radiation Safety Officer, and maps. and
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i documentation provided by the base RSO, CTE worked in areas under federal jurisdiction at Edwards AFB during the period from August 6, 1993, to August 20,1993. According to the base RSO, CTE operated as i
a subcontractor for Kajima Construction Inc. and Hansel Phelps
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Construction Company.
Based on records provided, CTE used a Troxler
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Model 3411 B, moisture / density gauge containing about 8 millicuries of cesium 137 and 40 millicuries of americium 241 at Edwards Air l
Force Base. The inspectors also confirmed that CTE worked at March Air Force Base in late 1992. CTE's operations in other areas under federal jurisdiction could not be confirmed. The inspectors noted
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that working in areas under exclusive federal jurisdiction is contrary to CTE's California license. Specifically, California
License Number 5309-B0, Condition 10, prohibits work in areas of exclusive federal jurisdiction within the State of California.
However, neither the CTE RSO nor CTE management ackn pledged being
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aware of this requirement in their license or of any specific requirements for working in areas under federal jurisdiction. The failure to obtain an NRC license or a NRC Form 241 is considered an apparent violation of 10 CFR 30.3, which requires that except for persons exempted, no person shall possess or use byproduct material except as authorized by an NRC license. The inspectors also noted that subsequent to this inspection CTE has requested and been granted reciprocity to work in areas under federal jurisdiction pursuant to 10 CFR 150.20.
b.
CTE had not provided personnel monitoring, required by their license, for work at Edwards Air Force.
Based upon discussions with CTE personnel and a review of dosimetry reports, the NRC inspectors confirmed that there were at least two individuals who used the CTE's nuclear moisture / density gauge without being provided the personnel monitoring required by the California license.
In addition, there was at least one instance when a nuclear gauge was used by an individual who although trained, had not been approved by the RSO. The failure to provide personnel monitoring required by the license was cited at a violation by the California Department of Health Services Radiologic Protection Branch based on an inspection conducced August 26 and 27, 1993. The reason for the violation, according to the CTE RS0, was that he was not kept informed of who was using the nuclear gauges.
CTE had not performed inventories of the sealed sources used at c.
Edwards AFB.
The CTE RSO acknowledged that he had not perfermed inventories to include all moisture density gauges since becoming the RSO in April of 1993. The CTE RSO stated that he was not fully appreciative of all the requirements for performing inventories and maintaining records. The RSO stated that frequent inventories will be performed and documented. This item was not identified as a violation in the inspections performed by the State of California.
d.
CTE leak tested the sealed sources used at Edwards AFB.
Records of leak tests for the gauge used at Edwards AFB were available to document that the gauge had been leak tested annually, as required by the California License.
CTE had not maintained radiation safety records for the gauge used e.
at Edwards AFB.
The inspectors determined that there were a number of radiation safety records that were not available for activities at Edwards AFB.
Specifically, there were no utilization records or shipping papers for the Troxler Moisture Density Gauge # 8926 that was used at Edwards Air Force Base. The CTE RS0 was unable to explain the lack of documentation for the work at Edwards AFB. According to the
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RS0, all required paperwork was with the gauge when it left the CTE Barstow facility. The inspectors also noted that CTE was cited for transporting nuclear gauges on public roads and highways without
shipping papers by the State of California during the August 1993
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inspection.
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l Conclusion One apparent violation was identified regarding CTE's failure to obtain
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an NRC license as required by 10 CFR 30.3, for conducting activities with by roduct material in areas under exclusive federal jurisdiction (93-13-01.
4.
Exit Interview
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An preliminary exit interview was held on September 29,'1993. The i
individuals present at this meeting are listed in Section 1 of this report. During this meeting CTE was informed of the apparent violation for using byproduct materials in areas under federal jurisdiction without an NRC Form 241 or an NRC license. Other items discussed during this meeting are described in Sections 2 and 3 of this report.
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