IR 015000004/2020002
| ML20135H087 | |
| Person / Time | |
|---|---|
| Site: | 15000004, 015000004 |
| Issue date: | 05/19/2020 |
| From: | Mary Muessle Division of Nuclear Materials Safety IV |
| To: | Wilson T Christian Wheeler Engineering |
| References | |
| EA-20-047 IR 2020002 | |
| Download: ML20135H087 (9) | |
Text
May 19, 2020
SUBJECT:
CHRISTIAN WHEELER ENGINEERING - NRC INSPECTION
REPORT 150-00004/2020-002
Dear Mr. Wilson:
This letter refers to our in-office document review of information submitted by Christian Wheeler Engineering to the U.S. Nuclear Regulatory Commission (NRC) on February 24, 2020, regarding performance of licensed activities in areas of exclusive Federal jurisdiction. The records review, conducted between February 24 and April 16, 2020, related to activities performed under your U.S. Nuclear Regulatory Commission (NRC) general license, which was granted under Title 10 of the Code of Federal Regulations (10 CFR) 150.20, Recognition of Agreement State Licenses, to ensure compliance with NRC requirements. The enclosed report presents the results of the review. A final exit briefing was conducted telephonically with you on May 8, 2020.
Based on our review of the submitted information, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation involved the failure to file a submittal containing an NRC Form 241, a copy of the Agreement State specific license, and the appropriate fee with the appropriate regional office at least 3 days prior to engaging in licensed activities in areas of exclusive Federal jurisdiction for calendar year 2020.
Before the NRC makes its enforcement decision, we are providing you an opportunity to (1) respond to the apparent violation addressed in this inspection report within 30 days of the date of this letter, (2) request a pre-decisional enforcement conference (PEC), or (3) request alternative dispute resolution (ADR). If a PEC is held, it will be open for public observation and the NRC will issue a press release to announce the time and date of the conference. If you decide to participate in a PEC or pursue ADR, please contact Dr. Heather Gepford at (817) 200-1156 within 10 days of the date of this letter. A PEC should be held within 30 days and an ADR session within 45 days of the date of this letter. If you choose to provide a written response, it should be clearly marked as a Response to Apparent Violation in NRC Inspection Report 150-00004/2020-002; EA-20-047, and should include for the apparent violation: (1) the reason for the apparent violation or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response.
Additionally, your response should be sent to the NRCs Document Control Center with identical copies mailed to Ms. Mary Muessle, Director, Division of Nuclear Materials Safety, Region IV, 1600 East Lamar Boulevard, Arlington, TX 76011, and emailed to R4Enforcement@nrc.gov, within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters and any other information that you believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occurred or that enforcement action will be taken. This conference would be conducted to obtain information to assist the NRC in making an enforcement decision.
The topics discussed during the conference may include information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned. In presenting your corrective action, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violations. The guidance in the enclosed excerpt from NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective Action, may be helpful.
In lieu of a PEC, you may request ADR with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflicts using a third party neutral. The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a trained neutral (the mediator) works with parties to help them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions.
Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues. Additional information concerning the NRCs program can be obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.
In addition, please be advised that the number and characterization of apparent violations described in the enclosed inspection report may change as a result of further NRC review.
You will be advised by separate correspondence of the results of our deliberations on this matter.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
If you have any questions concerning this matter, please contact Dr. Heather Gepford of my staff at (817) 200-1156.
Sincerely, Mary C.
Muessle Digitally signed by Mary C. Muessle Date: 2020.05.19 15:28:41 -05'00'
Mary C. Muessle, Director Division of Nuclear Materials Safety
Docket No.: 150-00004 License No.: General License under 10 CFR 150.20
Enclosure:
NRC Inspection Report 150-00004/2020-002
REGION IV==
Docket No.:
150-00004 License No.:
General License under 10 CFR 150.20 Report No.:
150-00004/2020-002 EA No.:
EA-20-047 Licensee:
Christian Wheeler Engineering San Diego, California Location Inspected:
In-office review Inspection Dates:
In-office review February 24 through April 16, 2020 Exit Meeting Date:
May 8, 2020 Inspector:
Latischa M. Hanson, Health Physicist Materials Licensing and Decommissioning Branch Division of Nuclear Materials Safety Approved by:
Heather J. Gepford, Ph.D., CHP, Chief Materials Licensing and Decommissioning Branch Division of Nuclear Materials Safety Attachment:
Supplemental Inspection Information
Enclosure
EXECUTIVE SUMMARY
Christian Wheeler Engineering NRC Inspection Report 150-00004/2020-002
Program Overview
Christian Wheeler Engineering (licensee) is authorized under the State of California Radioactive Materials License 6560-37 to possess and use byproduct material, including cesium-137 and americium-241/beryllium, for portable gauge operations, and as of February 24, 2020, is authorized to perform these same licensed activities at temporary job sites in NRC jurisdiction under a general license pursuant to 10 CFR 150.20. (Section 1)
NRC In-Office Review Summary
One apparent violation was identified involving the licensees failure to file an initial NRC Form 241, and pay the required reciprocity fee, prior to performing licensed activities in areas of exclusive Federal jurisdiction for calendar year 2020. This apparent violation was identified when the licensee submitted an initial notification of planned work activities to be performed in NRC jurisdiction. The NRC staff determined that Christian Wheeler Engineering had not submitted an initial NRC Form 241, nor had the licensee paid the fee, prior to conducting work in Federal jurisdiction on January 7, 2020. (Section 2)
Corrective Actions
The licensees immediate corrective action was to submit the appropriate information and required reciprocity fee to the NRC on February 24, 2020. The NRC subsequently granted the reciprocity request in a letter dated February 24, 2020. Long term corrective actions are to be determined. (Section 3)
REPORT DETAILS
Program Overview
1.1.
Program Scope
Christian Wheeler Engineering (licensee) is authorized under the State of California Radioactive Materials License 6560-37 to possess and use byproduct material, including cesium-137 and americium-241/beryllium, for portable gauge operations at temporary job sites in the State of California.
Following receipt of the licensees initial NRC Form 241 and reciprocity fee in the Region IV office on February 24, 2020, the licensee was authorized to perform portable gauge operations at temporary job sites under a general license pursuant to 10 CFR 150.20, Recognition of Agreement State Licenses.
1.2.
Observations and Findings
Following review of the reciprocity information submitted by the licensee and researching the local database of initial NRC Form 241 requests/approvals, the NRC license reviewer determined that the licensee had not submitted an initial NRC Form 241, nor had the licensee paid the fee, for the work to be performed in calendar year (CY) 2020.
Findings
2.1 In-Office Review Scope
On February 24, 2020, the regional license reviewer received an initial reciprocity notification dated February 24, 2020, for work performed in areas of exclusive federal jurisdiction from January 7 - February 5, 2020, and again from February 19-20, 2020.
The license reviewer conducted document reviews and conducted interviews with licensee personnel to establish whether reciprocity could be granted.
On February 24, 2020, the licensee, a State of California licensee, filed an NRC Form 241 describing an initial notification of planned work activities. Specifically, portable gauge work was going to be performed at Camp Pendleton, Oceanside, California from January 7 - February 5, 2020, and Marine Corps Air Station Miramar/Naval Air Station, San Diego, California from February 19-20, 2020.
Upon reviewing the information submitted by the licensee and researching the local database of initial NRC Form 241 requests/approvals, the license reviewer determined that the licensee had not submitted an initial NRC Form 241, nor had the licensee paid the fee, for the work to be performed in CY 2020. Since work was performed in areas of exclusive Federal jurisdiction beginning on January 7, 2020, the licensee was required to provide this information to the NRC by January 4, 2020.
2.2 Observation and Findings
Title 10 CFR 150.20(a)(1) requires, in part, that any person who holds a specific license from an Agreement State is granted a general license to conduct the same activity in areas of exclusive federal jurisdiction is subject to the provisions of 10 CFR 150.20(b).
Title 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in areas of exclusive federal jurisdiction shall, at least 3 days before engaging in each activity for the first time in a calendar year, file a submittal containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, a copy of its Agreement State specific license, and the appropriate fee with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, from January 7 through February 20, 2020, Christian Wheeler Engineering, a licensee of the State of California, engaged in activities in exclusive Federal jurisdiction without filing a submittal containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, a copy of its Agreement State specific license, and the appropriate fee with the Regional Administrator of the NRC Regional Office at least 3 days before engaging in each activity for the first time in a calendar year. Specifically, Christian Wheeler Engineering performed licensed activities at Camp Pendleton, Oceanside, California beginning on January 7 through February 5, 2020, and Marine Corps Air Station Miramar/Naval Air Station, San Diego, California from February 19 through 20, 2020, but did not submit an NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee until February 24, 2020.
2.3 Conclusions
The NRC identified an apparent violation involving the licensees failure to file an initial NRC Form 241, to provide a copy of the Agreement State specific license, and pay the reciprocity fee, prior to engaging in licensed activities in Federal jurisdiction beginning on January 7, 2020, as required by 10 CFR 150.20(b)(1). (AV 150-00004/2020-002)
Corrective Actions
The radiation safety officer for the licensee stated that it was his assumption that he needed their renewed State of California license (expired December 2019) prior to applying to the NRC for CY 2020 reciprocity. He stated that he initiated the California license renewal process in August of 2019 and received the new license February 2020.
The licensees immediate corrective action was to submit the appropriate information and required reciprocity fee to the NRC on February 24, 2020. The NRC subsequently granted the reciprocity request in a letter dated February 24, 2020. Long term corrective actions are to be determined.
Exit Meeting Summary
The license reviewer presented the preliminary findings at the commencement of the in-office review on February 24, 2020, with Troy Wilson, Owner, Company Officer Secretary, Alternate Radiation Safety Officer, for the licensee. On May 8, 2020, a final telephonic exit meeting was conducted with Troy Wilson, Owner, Company Officer-Secretary, Alternate Radiation Safety Officer. The licensee acknowledged the findings and did not dispute any of the details presented during the exit call.
SUPPLEMENTAL INSPECTION INFORMATION
PARTIAL LIST OF PERSONS CONTACTED
Troy Wilson, Owner, Company Officer-Secretary, Alternate Radiation Safety Officer
INSPECTION PROCEDURES USED
87124 Fixed and Portable Gauge Programs
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened 150-00004/2020-01 AV The failure to file an initial NRC Form 241 prior to engaging in licensed activities in exclusive Federal jurisdiction
Closed None Discussed None
Attachment