IR 015000004/2025003
| ML26013A169 | |
| Person / Time | |
|---|---|
| Site: | 15000004, 015000004 |
| Issue date: | 01/21/2026 |
| From: | John Monninger NRC/RGN-IV/ORA/ACES |
| To: | Reeves A Construction Testing Services |
| References | |
| EAO-RIV-2025-0167 IR 2025003 | |
| Download: ML26013A169 (0) | |
Text
January 21, 2026
SUBJECT:
CONSTRUCTION TESTING SERVICES, INC. - NOTICE OF VIOLATION, NRC INSPECTION REPORT 150-00004/2025-003
Dear Amy Reeves:
This letter refers to the in-office review conducted on May 30, 2025 through September 23, 2025, of licensed activities performed at Travis Air Force Base, located near Fairfield, California.
The in-office review examined activities conducted by Construction Testing Services in areas of exclusive Federal jurisdiction as they relate to compliance with the U.S. Nuclear Regulatory Commission (NRC) rules and regulations. Within these areas, the in-office review consisted of an examination of representative records and interviews with personnel. A final exit meeting was conducted with you and members of your staff via teleconference on September 23, 2025.
Details of the inspection and the apparent violation were provided to you in the subject inspection report (Agencywide Documents Access and Management System [ADAMS]
Accession No. ML25260A564).
In the letter transmitting the inspection report, we provided you with the opportunity to address the apparent violation by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter dated December 11, 2025, (ML26006A102) you provided a written response to the apparent violation.
Based on the information developed during the inspection and the information you provided in your December 11, 2025, written response, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice), and the circumstances surrounding the violation are described in detail in the subject inspection report. The violation involved the failure to file for reciprocity with the NRC for calendar year 2025 before performing work in an area of exclusive Federal jurisdiction at Travis Air Force Base near Fairfield, California.
The NRC considers the violation to be a significant violation because the failure to file a submittal containing an NRC Form 241 prior to commencing licensed activities in exclusive Federal jurisdiction prevented the NRC from inspecting these activities to ensure that licensed material is being used safely and in accordance with NRC requirements. Therefore, this violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III. The current Enforcement Policy can be found on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $9,000 is considered for this Severity Level III violation.
Because Construction Testing Services has not been the subject of an escalated enforcement action within the last two routine inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. The NRC has determined that Corrective Action credit is warranted based on the prompt and comprehensive corrective actions you implemented. Your corrective actions to address the violation are documented in NRC Inspection Report 15000004/2025-003 and in your letter dated December 11, 2025.
Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement action, Region IV has been authorized, after consultation with the Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty. In addition, issuance of this Severity Level III violation constitutes escalated enforcement action that may subject you to increased inspection effort.
The NRC has concluded that information regarding: (1) the reason for the violation; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance was achieved is already adequately addressed on the docket in NRC Inspection Report 150-00004/2025-003 and in your letter dated December 11, 2025. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, the 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 in the NRCs ADAMS, accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction. The NRC also includes significant enforcement actions on its website at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions. If you have any questions concerning this matter, please contact Neil OKeefe of my staff at (817) 200-1156.
Sincerely, John D. Monninger Regional Administrator Docket No. 150-00004 License No. General license pursuant to 10 CFR 150.20 Enclosure:
Notice of Violation Signed by Monninger, John on 01/21/26
ML26013A169 SUNSI Review By: SGA ADAMS Yes No Publicly Available Non-Publicly Available Non-Sensitive Sensitive Keyword:
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DATE 01/13/26 01/15/26 01/14/26 01/14/26 01/15/26 OFFICE NMSS D:DRSS RA NAME MBurgess JRollins JMonninger SIGNATURE
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DATE 01/20/26 01/20/26 01/21/26
Enclosure NOTICE OF VIOLATION Construction Testing Services, Inc.
Docket No. 150-00004 Rocklin, CA License No. General License EAO-RIV-2025-0167 During an in-office review conducted from May 30, 2025 through September 23, 2025, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 150.20(a)(1) states, in part, that any person who holds a specific license from an Agreement State is granted a general NRC license to conduct the same activity in areas of exclusive Federal jurisdiction within agreement states, subject to the provisions of 10 CFR 150.20(b).
10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in an area of exclusive Federal jurisdiction within an agreement state 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 as prescribed in 10 CFR 170.31 with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, on March 6-7, 2025, March 11, 2025, March 27, 2025, April 4, 2025, April 8, 2025, April 21, 2025, May 6, 2025, May 19-20, 2025, and May 27-30, 2025, Construction Testing Services, a licensee of the State of California, engaged in activities in an area of exclusive Federal jurisdiction within an agreement state 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 Region IV office at least 3 days prior to engaging in each activity for the first time in a calendar year. Specifically, Construction Testing Services performed work for fourteen days in an area of exclusive Federal jurisdiction at Travis Air Force Base located near Fairfield, California, but did not submit an NRC Form 241, a copy of its Agreement State radioactive materials license, and the appropriate fee until May 30, 2025. Since work was first performed on March 6, 2025, the licensee was required to file this submittal with the NRC by March 3, 2025.
This is a Severity Level III Violation (Enforcement Policy Section 6.9.c.2.(c)).
The NRC has concluded that information regarding: (1) the reason for the violations; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance was achieved is already adequately addressed on the docket in NRC Inspection Report 150-00004/2025-003 and in your letter dated December 11, 2025.
However, if the description therein does not accurately reflect your position or your corrective actions, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 within 30 days of the date of the letter transmitting this Notice of Violation. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation; EAO-RIV-2025-0167, and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, and email it to R4Enforcement@nrc.gov.
If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction.
If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request that such material is withheld from public disclosure, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information).
Dated this 21st day of January 2026