IR 015000004/1998014
| ML20155K173 | |
| Person / Time | |
|---|---|
| Site: | 015000004 |
| Issue date: | 11/09/1998 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | England T J.L. SHEPHERD & ASSOCIATES |
| Shared Package | |
| ML20155K177 | List: |
| References | |
| 15000004-98-14, NUDOCS 9811130121 | |
| Download: ML20155K173 (3) | |
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- %, UNITED STATES f,. .t NUCLEAR REGULATORY COMMISSION
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611 RY AN PL AZA DRIVE. SUITE 400 AR LING TON, TEXAS 76011 8064 November 9, 1998 Terry Egland, Vice President Testing Engineers, Inc.
827 Arnold Drive, Bay 4 Martinez, California 94553 SUBJECT: NRC INSPECTION REPORT 150-00004/98-14 AND INVESTIGATION REPORT 4-1998-027 AND NOTICE OF VIOLATION
Dear Mr. Egland:
This refers to an NRC inspection on August 18 and 19,1998, and an investigation conducted by the NRC Office of Investigations Field Office, Region IV, at your Martinez and San Jose, California, offices. The inspection included a review of activities performed by Testing Engineers, Inc. at the National Aeronautic Space Administration (NASA) Ames Moffett Field, California. A preliminary exit was held with members of your staff at the conclusion of the inspection. A final exit meeting was conducted with Kent M. Prendergast by telephone on November 2,1998.
Based on the information developed during the inspection and investigation, the NRC has determined that a violation of NRC requirements occurred. The violation is cited In the enclosed Notice of Violation (Notice). The violation involved the failure to have a valid NRC license when performing licensable activities on June 3 and 4,1998, using moisture / density gauges containing byproduct material at NASA Ames Moffit Field, an area of exclusive federal jurisdiction. Based on information developed through its investigation, the Office of Investigations has concluded that the violation was not deliberate.
We noted that you ceased work in areas of exclusive federal jurisdiction and indicated during the inspection that you will not work in areas of exclusive federal jurisdiction unless you have received authorization under either an NRC specific ticense or the general license discussed in 10 CFR 150.20. Although you may previously have been unaware of the need to obtain authorization from NRC to work at certain federal facilities located in an Agreement State, please be advised that it is your responsibility, as an Agreement State licensee, to verify L whetner the State or Federal government maintains jurisdiction at such facilities for the purpose of regulating the use of byproduct material. Future failures to obtain authorization from NRC, l
when appropriate, to perform such work may result in more significant enforcement action.
You are required to respond to this letter and should follow the instructions specified in the i- enclosed Notice when preparing your response. For your consideration and convenience, NRC Information Notice 96-28," SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," is enclosed. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.
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Testing Engineers, Inc. -2-In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and your response will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or
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safeguards information so that it can be placed in the PDR without redaction.
Should you have any questions concerning this inspection, please contact Kent M. Prendergast at (925) 798-0264 or Elmo E. Collins at (817) 860-8291.
Sincerely, LL.
Ross A. Scarano, Director ivision of Nuclear Materials Safety Docket No.: 150-00004-License No.: California 3691-07 Enclosures:
1. Notice of Violation 2. NRC Information Notice 96-28 cc w/ Enclosure 1: l California Radiation Control Program Director
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DOCUMENT NAME: Draft: G:\nmis.o\kp\testeng.nov Final: R:\_dnms\80000414.kmp To receive copy of document, Indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = Ng[opy l RIV:DNMS:NMIB C:NhilE EO Jhd A DD:DNMS D:DNt/o
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10/22/98 11/ 3/98 11/ $ /98 11/lf/98 1(/ /98
OFFICIAL RECORD COPY I
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