IR 015000009/1996017
| ML20149M596 | |
| Person / Time | |
|---|---|
| Site: | 015000009 |
| Issue date: | 12/10/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Peel M AFFILIATION NOT ASSIGNED |
| References | |
| EA-96-472, NUDOCS 9612170448 | |
| Download: ML20149M596 (3) | |
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December 10, 1996
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EA 96-472 J & M Testing Lab. Inc.
ATTN: Ms. Myrtle Peel President 1308 Brickyard Road Chipley. Florida 32428 SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (NRC INSPECTION REPORT NO. 150-00009/96-17)
Dear Ms. Peel:
This refers to the s]ecial, unannounced inspection conducted by this office on November 5. 1996. T1e results of this inspection were provided to you in our letter dated No. ember 26, 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 byproduct material. Specifically. on numerous occasions during the period 1991 through the date of the onsite inspection, you used portable nuclear gauges at Eglin and Tyndall Air Force Bases (AFB). Florida in areas where the NRC maintains jurisdiction for regulating the use of byproduct 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 note that as an alternative to obtaining an NRC license, as permitted by NRC practice.
J & M Testing Lab. Inc. 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 you did not appear to be aware of the need to either obtain a s)ecific license under 10 CFR 30.3 or in lieu thereof, to file a Form-241 with t1e NRC. The inspection also determined that you assumed that because you hold a State of Florida license, you could conduct moisture density activities anywhere in the State of Florida including on military installations or in areas of exclusive Federal jurisdiction within the State.
Normally, the failure to obtain an NRC license or the failure to file an 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, the NRC is exercising enforcement discretion and is not taking any enforcement action in this matter, in accordance with Section VII.B.6 of the Enforcement Policy. The NRC is exercising enforcement discretion based on
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e J & M Testing Lab, Inc. 2 the circumstances described above and in the subject inspection re) ort, including our conclusions that you did not intentionally fail to o)tain the proper license and that J & M Testing Lab, Inc. did not understand the regulatory requirements pertaining to the 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 J & M Testing Lab. Inc. !
personnel to become familiar with applicable NRC requirements, your honesty in '
admitting that such work was performed, and the fact that J & M Testing Lab.
Inc. was not made aware by Eglin or Tyndall AFB contracting 3ersonnel of the existence of areas of exclusive Federal jurisdiction on the )ases. !
Although the NRC is exercising enforcement discretion based on the i 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 may result in significant enforcement action. We would expect that, in the future, J & M Testing Lab, Inc. would obtain written assessments from, or accument assessments by. Federal authorities as to whether a oroposed work site is in an area of exclusive !
Federal jurisdiction. Absent such 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. ,
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In addition, please find enclosed Information Notice No. 96-3 issued by the Florida Department of Health & Rehabilitative Services which addresses this 1ssue.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and any reply you may choose to provide will be placed in the NRC Pd'ic Document Room. t
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Should you have any questicns regarding this inspection. please contact l Mr. Charles Hosey at (404) 331-5614.
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Sincerely,
Original Signed by Stewart D. Ebneter
! Stewart D. Ebneter !
Regional Administrator-Docket No.- 150-00009 Florida License No.. 1763-1 l r
- Enclosure: Information Notice 96-3 l
- cc w/o encl: State of Florida
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W inn, SECY BKee' ling, CA JT lor, EDO HT mpson, DEDS SEbmeter RI!
CPaperiello, NMSS
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DCo>l, HMSS LCh indler OGC ;
JGo ldberg,, OGC Enforcement Coordinators l l, RIII, RIV
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EHa'rden, OPA HBeh l, 0!G GCa auto, O!
EJo dan, AEOD JLi berman, OE !
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NMa A File ish, OE(BSumers)(2 Letterhead) (Also be E-Mail)
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CHogey, RI! !
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ABoland, RI! '
PUBLIC .
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NMamish SEbneter JLiebbman 12/ 3 /96 12/ 7 /96 12/ 3 /96 H .st.
Doc Name: 4:\0tCASE8\96472REV.NM
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