IR 015000004/2023001
| ML25037A066 | |
| Person / Time | |
|---|---|
| Site: | 15000004, 015000004 |
| Issue date: | 03/04/2025 |
| From: | David Curtis NRC/RGN-III/DRSS/MIB |
| To: | Shepherd M J L Shepherd & Associates |
| References | |
| EA-R3-2024-0022, EA-24-079 IR 2023001 | |
| Download: ML25037A066 (13) | |
Text
SUBJECT:
NRC INSPECTION REPORT NOS. 15000004/2023001(DRSS) AND 15000004/2024001(DRSS) - J L SHEPHERD AND ASSOCIATES, INC.
Dear Mary Shepherd:
On May 20, 2023, August 2, 2023, and May 4-5, 2024, an inspector from the U.S. Nuclear Regulatory Commission (NRC) conducted a non-routine inspection of activities that J L Shepherd and Associates performed in Rochester, Michigan, under the terms of a general license for reciprocity in Title 10 of the Code of Federal Regulations (10 CFR) 150.20(a)(1). The purpose of this inspection was to review activities performed under this general license to ensure that activities were being performed in accordance with NRC requirements and your State of California Radioactive Materials License. The inspector performed additional in-office review through January 15, 2025, to evaluate the inspection findings, their root cause and significance. The enclosed inspection report presents the results of the inspection.
This inspection examined activities conducted under reciprocity as they relate to safety and compliance with the NRCs rules and regulations and with the conditions in your State of California license. Within these areas, the inspection consisted of an examination of selected procedures and representative records, observations of activities, independent measurements, and interviews with personnel.
Based on the results of this inspection, one apparent violation of NRC requirements was identified and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy, available on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation concerned the failure to comply with the terms and conditions of your State of California license while engaging in activities under reciprocity, as required by 10 CFR 150.20(b)(5).
The circumstances surrounding the apparent violation, the significance of the issues, and the need for lasting and effective corrective action were discussed with you at the inspection exit meeting conducted by Ryan Craffey on February 3, 2025.
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) mediation. 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 March 4, 2025 conference. Please contact Rhex Edwards at (630) 829-9722 or Rhex.Edwards@nrc.gov within 10 days of the date of this letter to notify the NRC of your intended response or request. 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 Response to the Apparent Violation in Inspection Report Nos. 15000004/2023001(DRSS) and 15000004/2024001(DRSS); EA-24-079, 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 to avoid further violations; and (4) the date when full compliance was or will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. Your response should be sent to the NRCs Document Control Desk, Washington, DC 20555-0001, with a copy mailed to the NRC Region III Office, 2056 Westings Avenue, Suite 400, Naperville, IL 60563, 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 pre-decisional enforcement conference 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 NRC Information Notice 96-28, "Suggested Guidance Relating to Development and Implementation of Corrective Action," may be helpful in preparing your response. You can find the information notice on the NRC website at: http://www.nrc.gov/reading-rm/doc-collections/gen-comm/info-notices/1996/in96028.html.
You may also request ADR mediation with the NRC in an attempt to resolve this issue. ADR is a general term encompassing various techniques for resolving conflicts using a neutral third-party.
The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a trained neutral party (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, if you choose ADR, please also contact Rhex Edwards at the telephone number or email address listed above. In addition, please be advised that the number and characterization of the 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 the NRCs Agency Rules of Practice and Procedure in 10 CFR 2.390, 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 NRCs Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, any response should not include any personal privacy, proprietary, or safeguards information so that it can be made publicly available without redaction.
Please feel free to contact Ryan Craffey of my staff if you have any questions regarding this inspection. Ryan can be reached at 630-829-9655 or ryan.craffey@nrc.gov.
Sincerely, David Curtis, Director Division of Radiological Safety and Security Docket No. 150-00004 License No. CA 1777-19 Enclosure:
Inspection Report Nos. 15000004/2023001(DRSS) and 15000004/2024001(DRSS)
cc w/encl: State of California State of Michigan Signed by Curtis, David on 03/04/25