IR 015000004/1996017
| ML20147F143 | |
| Person / Time | |
|---|---|
| Site: | 015000004, 03034317 |
| Issue date: | 03/17/1997 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Ballard R CONSTRUCTION TESTING ENGINEERS |
| Shared Package | |
| ML20147F146 | List: |
| References | |
| EA-97-037, EA-97-37, NUDOCS 9703200059 | |
| Download: ML20147F143 (3) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
{ REGloN IV S
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/[ 611 RYAN PLAZA drive. SulTE 400 ARLINGTON, TEXAS 76011-8064 I i
March 17, 1997
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EA 97-037
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Mr. Rodney D. Baiiard, Vice President Construction Testing & Engineering, Inc.
2414 Vineyard Avenue, Suite G Escondido, California 92029 i a
I SUBJECT: NOTICE OF VIOLATION (NRC Inspection Report No. 150-00004/96-17)
{
Dear Mr. Ballard:
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This refers to the predecisional enforcement conference conducted on February 26,1997, in the NRC's Walnut Creek Field Office, Walnut Creek, California. The conference was conducted to discuss two apparent violations of NRC requirements identified during an inspection ending on January 27,1997, and described in NRC Inspection Report No.150-00004/96-17, issued on February 11,1997. This also refers to your letter to the NRC dated February 25,1997, in which Construction Testing & Engineering, Inc. (CTE)
provided a written response to the apparent violations.
Based on the information developed during the inspection, and the information that you provided during the conference and in your response to the inspection report, the NRC has determined that violations of NRC requirements occurred. The violations are cited in the i enclosed Notice of Violation (Notice) and involved: using portable moisture / density gauges in areas of exclusive federal jurisdiction without NRC authorization; and providing the NRC information that was not complete in all material respects. The circumstances surrounding these violations were described in the inspection report.
The conduct of activities in NRC's jurisdiction without an NRC license is a matter the NRC considers important because it denies the NRC the opportunity to assifa that such activities are being conducted by appropriately trained personnel and . Icordar.- 4 with all safety requirements. In this case, the violatior is more significant beceuse it is a f recurrence of a similar violation that occurred in 1993 and which resulted in CTE being /)
assessed a $500 civil penalty (EA 93-292). Thus, this violation has been classified at Severity Level lit in accordance with the " General Statement of Policy and Procedure for j NRC Enforcement Actions," NUREG-1600. p .
a This violation was discovered and corrected by CTE in May 1996 during a review ji '
l conducted to determine compliance with regulatory requirements. CTE promptly came into compliance, by filing an NRC Form 241 and paying the associated fee, and in December 1996 applied for and was granted a specific NRC license to conduct activities at temporary job sites anywhere NRC maintains jurisdiction. In its February 25 letter, CTE committed to have its radiation safety officer visit branch offices of CTE and conduct reviews to assure compliance with all NRC requirements.
9703200059 970317 PDR ADOCK 03034317
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h,NENh Ates w l
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l Construction Testing & Engineering, Inc. - 2 -
, in accordance with the Enforcement Policy, a base civil penalty in the amount of $2,750 is considered for a Severity Level ll1 violation. Because your facility has been the subject of
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escalated enforcement action within the last 2 inspections, as discussed above, the NRC
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considered whether credit was warranted for /dentification and Corrective Action in
- accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement l Policy. Based on the circumstances described above, CTE is being given credit for both, resulting in no civil penalty being assessed in this case.
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Accordingly, to encourage the self-identification and prompt and comprehensive correction of violations, I have been authorized not to propose a civil penalty in this case. However,
significant violations in the future, particularly violations of a similar nature, could result in a civil penalty. In addition, issuance of this Severity Level til violation constitutes escalated enforcement action which may subject you to more frequent inspection by NRC.
The remaining violation in the Notice involves CTE providing the NRC incomplete listings of locations in NRC jurisdiction at which CTE had used portable gauges from January to May 1996, prior to CTE's filing an NRC Form 241. This information had been requested by the NRC to determine whether CTE had been in violation of NRC requirements during this 2 period. Based on the extenuating circumstances described in CTE's February 25 letter, and
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the fact that CTE had acknowledged, prior to providing NRC this information, that CTE
most likely had operated in noncompliance, this violation is classified at Severity Level IV.
CTE is reminded nonetheless of the importance of assuring that information provided to the NRC is complete and accurate.
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l You are required to respond to this letter and should follow the instructions specified in the i enclosed Notice when preparing your response. The NRC will use your response, in part,
to determine whether further enforcement action is necessary to ensure compliance with
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regulatory requirements.
4 in accordance with 10 CFR 2.790 of the NRC's " Rules of Prc 'tice," a copy of this letter,
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its enclosure, and your response if you choose to submit one, sill be placed in the NRC f
Public Document Room (PDR). Should you have any questions concerning this letter, please contact Linda Howell at (817) 860-8213.
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Sincerely, V
Ellis W. Merschoff Regional Administrator a
i Docket No. 030-34317 License No. 04-29106-01 Enclosure: Notice of Violation cc w/ Enclosure: State of California
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Construction Testing & Engineering, Inc. - 3 -
bec w/ Enclosure:
PDR I ,
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NUDOCS SECY Enforcement Coords., RI, Rll, Rill CA JGilliland, PA (0-2G4)
4 LJCallan, EDO (017G21) HBell, OlG (T-5D28)
GCaputo, Ol (0-3E4) JLieberman, OE (0-7H5)
, OE:EAFile (0-7H5) EJordan, DED (0-17G21) ,
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LChandler, OGC (0-15B18) JGoldberg, OGC (0-15B18)
f CPaperiello, NMSS (T-8A23) DCool, NMSS (T-8FS)
OC/DAF EMerschoff-Reading File GSanborn-EAFile RIV Files MIS Coordinator
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DNMS Files LHowell Frank Wenslawski ,
WCFO Files l E-mail distribution:
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EMerschoff (EWM) JDyer (JED2)
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TPGwynn (TPG) WBrown (WLB)
GSanborn (GFS) GMVasquez (GMV) ,
BHenderson (BWH) MHammond (MFH2)
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CHackney (CAH) DKunihiro (DMK1)
, LHowell (LLH) FWenslawski (FAW)
DSpitzberg (DBS) KPrendergast (KMP)
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4 4 DOCUMENT NAME:G:\EA\ DRAFT \EA97037;DFT I
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