IR 015000009/1996018

Discusses Insp Rept 15000009/96-18 Conducted on 961104 Which Identified Violation Re Failure to Obtain General or Specific NRC License as Required by 10CFR30.3.No Enforcement Action Will Be Taken

ML20149M528
Person / Time
Site:	15000009, 015000009
Issue date:	12/10/1996
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Dodd R FLORIDA, STATE OF
References
EA-96-471, NUDOCS 9612170269
Download: ML20149M528 (3)

Text

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I December 10, 1996 i

EA 96-471 l

Gulf Asahalt Corporation  !

ATTN: ir. Richard Dodd '

President P. O. Box 2482  :

Panama City. Florida 32404 l

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SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION (NRC INSPECTION REPORT NO. 150-00009/96-18)

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Dear Mr. Dodd:

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! This refers to the s)ecial, unannounced inspection conducted by this office on :

l November 4. 1996. T1e results of this inspection were provided to you in our ,

letter dated November 26. 1996. At that time you were informed that the  !

inspection had identified one ap  !

i general or specific NRC license,asparent violation, required by 10 CFR the failure to obtain 30.3 prior a to using !

L portable nuclear gauges containing byproduct material. Specifically, on  :

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multiple occasions during 1995 and 1996. you used Jortable nuclear gauges at l' Tyndall Air Force Base (TAFB). Florida, in areas w1ere the NRC maintains jurisdiction for regulating the use of by)roduct material without an NRC license. You were informed at the time tlat the apparent violation was under ,

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consideration for enforcement.

l 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 t l alternative to obtaining an NRC license, as aermitted by NRC practice. Gulf i Asphalt Corporation could have filed an NRC orm-241, paid the associated fees, and conducted these activities as described in 10 CFR 150.20.

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The inspection established that neither you nor your representatives ap) eared i to be aware of the need to either obtain a specific license under 10 CF130.3 <

or in lieu thereof, to file a Form-241 with the NRC prior to using the gauges :

at TAFB. 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 i:. i areas of exclusive Federal jurisdiction within the State. i

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 f include the issuance of a civil penalty in accordance with the " General l Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement j Policy). NUREG-1600. However, after consultation with the Director. Office of !

Enforcement, the NRC is exercising enforcement discretion and is not taking

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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 ,

l the circumstances described above and in the subject inspection report.  !

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87612170269 961210 lD PDR STPRG ESOF

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Gulf Asphalt Corporation 2 including our conclusions that you did not intentionally fail to obtain the I proper license and that Gulf Asphalt Corporation did not understand the '

regulatory requirements pertaining to the use of licensed materials in areas i of exclusive Federal jurisdiction within an Agreement State. In reaching this decision, the NRC also considered the efforts taken by Gulf Asphalt j Corporation personnel to become familiar with applicable NRC requirements, your honesty in admitting that such work was performed, and the fact that Gu'f i Asphalt Corporation was not made aware by TAFB contracting personnel of the I existence of areas of exclusive Federal jurisdiction on the base. l Although the NRC is exercising enforcement discretion based on the :

circumstances identified during the inspection, you are advised that future l failures to seek appropriate authorization prior to performing activities in areas where the NRC maintains jurisdiction may result in significant enforcement action. We would expect that, in the future Gulf Asphalt Corporation would obtain written assessments from, or document assessments by.

Federal authoritier as to whether a proposed work site is in an area of exclusive Federal jurisdiction. Absent such documentation showing that i 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 i in areas of exclusive Federal jurisdiction.

In addition, please find enclosed Information Notice No. 96-3 issued by the Florida Department of Health & Rehabilitative Services which addresses this issue.

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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of l this letter and any reply you may choose to provide 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.

Sincerely

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Original Signed by  !

Stewart D. Ebneter  !

Stewart D. Ebneter Regional Administrator

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Docket No. 150-00009 Florida License No.. 2579-1 ,

i Enclosure: Information Notice 96-3

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cc w/o encl: State of Florida

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Gulf Asphalt Corporation i no.ribution:

!E tan, SECY BKeeling, CA i JTa)tior E00 HThompson, DEDS I SEbneter RI! l CPaperiello,NMSS  :

DCop1, NMSS t LCh indler, OGC JGoldberg, OGC Enforcement Coordinators 1 RI,RIII,RIV i

EHa'rden, OPA j HBell,OIG j GCaputo, O!

l EJo dan, AE00  ;

JL1 berman, OE DE: A File (BSummers)(2 Letterhead) (Also be E-Mail) ,

NMaqiish, OE  !

CEv$ns,RI!

Buryc, RI!

CHo$ey, RII i WLoo, RII KCitrk, RII '

RTrojanowski,RI!

ABoland, RI! l

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PUBI,1C NUD005 i.

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OE [9 RA:RII Af D:0E M NMamish SEbneter JLieberman 12/3 /96 12/s /96 12/3/96 M JL.

Doc Names G:\0ECASES\96471REV.NN

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