IR 015000009/1996010
| ML20134D382 | |
| Person / Time | |
|---|---|
| Site: | 15000009, 015000009 |
| Issue date: | 10/07/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Chadbourne E AFFILIATION NOT ASSIGNED |
| References | |
| EA-96-310, NUDOCS 9610220093 | |
| Download: ML20134D382 (4) | |
Text
October 7, 1996
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION l
(NRC INSPECTION REPORT NO. 150-00009/96-10)
i l
\\
l
Dear Mr. Chadbourne:
l This refers to the s]ecial, unannounced inspection conducted by this office on August 8-9. 1996. T1e results of this inspection were provided to you in our letter dated September 6, 1996.
At that time you were informed that the inspection had identified one apparent violation the failure to obtain a general or specific NRC license, as required by 10 CFR 30.3, prior to using portable nuclear gauges containing by-product material.
Specifically, on l
numerous occasions during the calendar years 1990 through 1993, you used portable nuclear gauges at Pensacola Nuclear Air Station (NAS) Florida, in areas where the NRC maintains jurisdiction for regulating the use of by-product material without an NRC license.
You were informed at that time
that the apparent violation was under consideration for enforcement.
!
Although the requirements of 10 CFR 30.3 apply to work performed in areas of
,
'
exclusive Federal jurisdiction in Agreement States, we also note that as an alternative to obtaining an NRC license, as permitted by NRC practice.
I Edward M. Chadbourne. Inc. (EMCI) could have filed an NRC Form-241, paid the
associated fees, and conducted these activities as described in 10 CFR 150.20.
The inspection established that your representatives did not appear to be aware of the need to either have a s]ecific license under 10 CFR 30.3 or in lieu thereof, to file a Form-241 wit 1 the NRC. The inspection also determined
.
that you relied on Pensacola NAS personnel'to inform you of the applicable l
regulatory requirements regarding licensed activities aerformed oy you at
'
Pensacola NAS. As a result, you believed that the worc could be oerformed under authorization provided through your State of Florida Radioactive Materials License.
.
Normally, the failure to obtain an NRC license or failure to file an l
NRC Form-241 to notify the NRC of activities being conducted within its jurisdiction would be considered for escalated enforcement action which could include the issuance of a civil penalty in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy). NUREG-1600.
However, after consultation with the Director. Office of Enforcement - and the Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support, the NRC is exercising enforcement discretion and is not taking any enforcement action in this matter, in
%_
9610220093 961007 m
PDR STPRG ESGFL
- l l
,
_
_
_
.
.
i
.
Edward M. Chadbourne. Inc.
t accordance with Section VII.B.6 of the Enforcement Policy.
The NRC is exercising enforcement discretion based on the circumstances described above and in the subject inspection report including our conclusions that you did not intentionally fail to obtain the proper license and that EMCI did not understand the regulatory requirements pertaining to use of licensed materials in areas of exclusive Federal jurisdiction within an Agreement State.
In reaching this decision, the NRC also considered the efforts taken by EMCI to become familiar with applicable NRC requirements, the fact that EMCI was not made aware by Pensacola NAS contracting personnel that the base contained areas of exclusive Federal jurisdiction, and our conclusions that activities
,
conducted by EMCI at Pensacola NAS appeared to have been done safely and
!
generally in accordance with the conditions of your Florida license.
Although the NRC is exercising enforcement discretion based on the
!
circumstances identified during the inspection, you are advised that future
!
failures to seek appropriate authorization to perform activities in areas where the NRC maintains jurisdiction will rest.lt in significant enforcement action. We would expect that, in the future. EMCI would obtain written assessments from or document assessments by. Federal authorities as to whether a 3roposed work site is in an area of exclusive Federal jurisdiction.
Absent suc1 documentation showing that Federal authorities assessed the work site as not being in an area of exclusive Federal jurisdiction, significant enforcement action may be taken for failure to seek the required authorization to perform licensed activities in areas of exclusive Federal jurisdiction.
i
!
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of l
this letter and any reply will be placed in the NRC Public Document Room.
Should you have any questions regarding this inspection, please contact Mr Charles Hosey at (404) 331-5614.
l
Sincerely
.
W
/
l AM a
!
Stewart D. Ebneter Regional Administrator Docket No.
150-00009/96-10 l
Florida License No..
1078-1 j
cc: State of Florida t
[
i
' i gp[. ~
-8 s
.
i o
Edward M. Chadbourne. Inc.
l L
Distribution!
EJulian. SECY l
BKeeling. CA JTaylor. EDO
'
HThompson, DEDS
SEbneter, RII CPaperiello, NMSS
!
DCool, NMSS LChandler, OGC JGoldberg. OGC Enforcement Coordinators RI. RIII, and RIV EHayden. OPA HBell OIG
GCaputo OI
!
EJordan. AE00 JLieberman, OE MThomas, OE OE:EA File (BSummers)(2 Letterhead)
CEvans. RII
'
l Buryc, RII CHosey, RII WLoo. RII KClark RII RTrojanowski,RII ABoland, RII PUBLIC
<
.
(V
$e SEND TO PUBLIC 00CLHENT P0lM
[YES) NO
/
OFFICE Ril CRS Rif'EICS
' Ril CGA
' RII-ORA Signature
/
U m
BMALLETT BURYC CEVANS LREYES OATE 09/
/%
09/ /96 09/
/96 09/
/%
C (
CCPY?
YES NO YES NO VES NO YES NO urriLIAL ktLOKU LOPr iA>CUMthi N#lt;tt: \\l900FLN.tNr Wbd10thA.DIR\\ FINAL.sIG l
l
_
.
-
._-
.
.-
.
,
s J. Lieberman
This case is not exempt from OE's enforcement action timeliness requirements.
j Attachments:
1.
Draft Letter to Chadbourne 2.
Draft Letter to Okaloosa 3.
Draft Letter to Bailey 4.
Draft Letter to Jacobs cc w/ attachments:
D. Cool, NMSS J. Goldberg, OGC
~L i
_m-m_,
,.
w omCs anon,
_
ansq mmon4 (
and
~^1$
h,..h
,
.
.
a
..w.
.a.
..
...
M NO h NO COPTT YES Ho YES NO 0FFICIAL REEORD COPY
' DOCUM:INT NAME: H : \\l 960 P EN. EN F\\96310 CHA. D I R\\PKGT00E T}es DOCUMENT CONTAINS MtEDEC8840NALINFORMATION NOT FOR PUSUC DGBCLOSUM WITHOUT T}E APPROVAL OF 7tE DmECTOR, OE
,;,,_ g xfDl Y Y Y
$$
O b YS Y $ $ ?$l g e
E