IR 015000005/1996001
| ML20140G790 | |
| Person / Time | |
|---|---|
| Site: | 015000005 |
| Issue date: | 06/13/1997 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Fife J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20140G794 | List: |
| References | |
| 15000005-96-01, 15000005-96-1, EA-96-459, NUDOCS 9706170079 | |
| Download: ML20140G790 (3) | |
Text
June 13, 1997
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -
$2,500 (NRC Inspection Report No. 150-00005/96-01 and investigation Report No. 4-96-040)
Dear Mr. Fife:
This refers to the inspection conducted from October 11,1996, through February 3,1997, and investigation conducted from August 14,1996, through January 8,1997, to review the activities of Western Colorado Testing, Inc., (WCTI) in the states of Idaho and Wyoming. The findings of the inspection and investigation were discussed with you during a telephonic exit briefing on February 3,1997, and were documented in the subject inspection report dated March 7,1997. Our March 7 letter forwarding the inspection report to you described one apparent violation which was being considered for escalated enforcement actio'. The apparent violation involved a failure to file an NRC Form 241 as required by 10 CFR 150.20. WCTI was provided the opportunity to either respond to the apparent violation in writing within 30 days or to request a predecisional enforcement conference. WCTI did not request a predecisional enforcement conference, and instead WCTI provided a written response to the apparent violation in its letter dated April 1, (l
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1997.
b Based on the information developed during the inspection, and the information that you provided in your April 1 response to the apparent violation, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation and Proposed imposition of Civil Penalty (Notice) and involves WCTI's failure to notify the NRC prior to conducting licensed activities in non-Agreement States in 1995 and 1996. In your April 1,1997 letter, you acknowledged the violation, but stated that while certain individuals may have knowingly violated the rules, they did so without the knowledge of key management.
However, we note that WCTI senior managers were aware of the requirement to inform the NRC prior to working in areas of NRC's jurisdiction. Specifically, in 1992 WCTI filed an NRC Form-241 before conducting licensed activities in the State of Idaho. Given: (1) the knowledge of WCTI of the requirement to file NRC form-241's, (2) the apparent lack of communications between the Radiation Safety Officer (RSO) and laboratory supervisor, (3) the lack of clear lines of responsibility, (4) the RSOs' failure to identify and act on the violations, and (5) the failure to assure that the laboratory supervisor's statement concerning "not to spend unnecessary money" was not misunderstood, the NRC concludes that WCTl's failure to file for reciprocity demonstrates at least careless disregard for NRC
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requirements and is therefore willful.
9706170079 970613 MEIEENIME PDR STPRG ESGCO
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l Western Colorado Testing, Inc.
2-The NRC considers the f ailure to obtain authorization to use byproduct materialin areas under its jurisdiction, by either obtaining an NRC license or filing an NRC Form 241, to be a matter of significant regulatory concern because it denies the NRC an opportunity to assure that the activities are conducted in compliance with all NRC radiation safety requirements, in this case, the violation is especially significant because of its willful nature. Therefore, the violation has been categorized in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, at Severity Level Ill.
In accordance with the Enforcement Policy, a civil penalty with a base value of $2,500 is considered for a Severity Level lli violation. Because the violation was willful, the NRC considered whether credit was warranted for identi// cation and Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement
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i Policy. The NRC discovered the violation; thus, the NRC has determined that WCTI is not deserving of credit for identifying the violation. However, based on the corrective actions described in WCTI's April 1 letter, the NRC has determined that credit is warranted for Corrective Action. Withholding identification credit and giving credit for corrective actions results in the assessment of a penalty at the base value.
Accordingly, to emphasize the need for WCTI's management and RSO to assure that WCTI is meeting regulatory requirements, I have been authorized, after consultation with the i
Director, Office of Enforcernent, to issue the enclosed Notice in the base amount of
$2,500 for the Severity Level 111 violation described above and in the Notice.
l The NRC' has also corresponded with the President and two former RSOs of WCTI l
conceraing these matters. A copy of these letters will be provided to you under separate cover.
You are required to respond to this letter and should follow the instructions specified in the l
enclosed Notice when preparing your response. The NRC will use your response, in part, l
to determine whether further enforcement action is necessary to ensure compliance with I
regulatory requirements. Your response may reference previously submitted correspondence, if appropriate,
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j in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, l
its enclosure, and your response, will be placed in the NRC Public Document Room (PDR).
Should you have any questions concerning this letter, please contact Gary Sanborn or Michael Vasquez at (817) 860-8222.
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Sincerely,
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Ellis W. Mersch j
Regional Adm' strator Docket Nu. 150-00005
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License No. Colorado 580-01 i
Enclosure: Notice of Violation cc w/ Enclosure: State of Colorado
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Western Colorado Testing, Inc.
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PDR IE 14 NUDOCS SECY Enforcement Coords., Rl, Rll, Rlli CA JGilliland, PA (0-2G4)
LJCallan, EDO (0-17G21)
HBell, OlG (T-5D28)
GCaputo, 01 (0-3E4)
JLieberman, OE (0-7H5)
OE:EAFile (0-7H5)
EJordan, DEDO (017G21)
LChandler, OGC (0-15B18)
JGoldberg, OGC (0-16818)
CPaperiello, NMSS (T-8A23)
DCool, NMSS (T-8FS)
OC/DAF MIS Coordinator EMerschoff-Reading File GSanborn-EAFile RIV Files DNMS Files LHowell Frank Wenslawski l
E-mail distribution:
j OEMAIL EWMerschoff (EWM)
JDyer (JED2)
WBrown (WLB)
GSanborn (GFS)
JHornor (JWH3)
BHenderson (BWH)
MHammond (MFH2)
CHackney (CAH)
DKunihiro (DMK1)
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