IR 015000009/1997002
| ML20248L535 | |
| Person / Time | |
|---|---|
| Site: | 015000009 |
| Issue date: | 03/13/1998 |
| From: | Dan Collins NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Menker D RADIATION CONSULTANTS, INC. |
| Shared Package | |
| ML20248L538 | List: |
| References | |
| 150-00009-97-02, 150-9-97-2, EA-98-077, EA-98-77, NUDOCS 9803230165 | |
| Download: ML20248L535 (3) | |
Text
March 13, 1998
SUBJECT:
NRC SPECIAL INSPECTION REPORT NO. 150-00009/97-02, 0FFICE OF INVESTIGATIONS REPORT NO. 2-97-009, AND NOTICE OF VIOLATION
Dear Mr. Menker:
This refers to the inspection conducted on March 17. 1997, at your Hialeah Gardens, Florida facility.
The inspection included a review of activities involving the use of byproduct material under your license in NRC jurisdiction (Kearny. New Jersey and Minneapolis, Minnesota).. The results of the i
inspection and synopsis of an investigation conducted by the NRC Office of I
Investigations (01) were formally transmitted to-you by letters dated April 16, 1997, and February 13, 1998, respectively.
The February 13. 1998, letter provided you the opportunity to. respond to the apparent violations or request a 3redecisional enforcement conference.
On February 26, 1998, you
declined t1e op)ortunity for a predecisional enforcement conference.
In a
letter dated Fe3ruary 27, 1998, you provided a written response which admitted
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the apparent violations, and included an explanation of the root cause for the
apparent violations and your corrective actions to preclude recurrence. as requested in our letter dated February 13, 1998. We have reviewed the i
inspection results and the additional information you p'rovided and have concluded that sufficient information is available to determine the
appropriate enforcement action in this matter..
i Based on the information developed during the inspection. 01 investigation, and the information that you provided in your written response. the NRC has determined that two violations of NRC requirements occurred.
The violations
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are cited in the enclosed Notice of Violation (Notice), and the circumstances surrounding them are described in detail in the subject inspection report.
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The violations involved Radiation Consulting Associates. Inc.'s performance of unlicensed activities and failure to file for reciprocity prior to performing licensed activities in areas of NRC jurisdiction.
l-These violations are of concern because they denieJ the NRC an opportunity to I
inspect Radiation Consulting Associates. Inc.'s use of byproduct material in I
areas of NRC jurisdiction, thereby impeding the NRC's ability to perform its L
statutory responsibility of verifying that byproduct material is used in
'accordance with NRC requirements, You attributed the performance of unlicensed activities and the failure to file for reciprocity to employee l
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Radiation Consulting Associates. Inc. 2 requirements prior to performing licensed activities.
After careful deliberation regarding the violations and circumstances surrounding them, the violations are classified in accordanca with the " General Statement of Policy and Procedures for NRC Enforcement Acuons" (Enforcement Policy). NUREG-1600.
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence and the date when full compliance was achieved is already adequately addressed on the docket in your letter dated February 27.
1998.
Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or
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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 2.790 of the NRC's " Rules of Practice." a co)y of this letter, its enclosure. and any reply will be placed in the NRC Pu3lic Document Room.
Should you have any questions concerning this letter, please contact us.
Sincerely
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,
Douglas M Collins. Director
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Division of Nuclear Materials Safety Docket No. 030-150-00009 License No. General License (10 CFR 150.20)
Enclosure:
Notice of Violation cc w/ encl:
State of Florida Distribution w/ enc 1:
PUBLIC RII Docket File. DNMS A. Boland. EICS J. Lieberman. OE OE:EA File (B. Summers. OE)
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Radiation Consulting Associates. Inc. 2 with NRC requirements prior to performing licensed activities. After careful deliberations regarding the violations and circumstances involving them, the violations are classified in accordance with the " General Statements of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy). NUREG-1600, asaSeverityLevellyviolation.
TheNRChasconcludedtyatinformationregardingthereasonforthe violations, the corrective actions taken and planned to correct the violations and prevent recurrence, hpd the date when full compliance was achieved is already adequately addressed on the docket in the your letter dated February 27, 1998. Therefore, you are not required to respond to this letter unless the description therbin does not accurately reflect your corrective actions or your position.
Ih that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notic:
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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a co)y of s
t its enclosure, and an reply will be placed in the NRC Pu)lic Should you have any questions concerning this letter, please contact us.
S cerely.
Douglas M Collins. Director DivisJon of Nuclear Materials Safety
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Docket No. 030-150-00009
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Enclosure:
Notice of Violation cc w/ encl:
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Contrary to the above, on 10 occasions between April 1. 1992, and February 4. 1997. RCAI conducted licensed activities in Minneapolis.
Minnesota and Kearny New Jersey, areas of NRC jurisdiction, without either a specific or general license issued by the NRC'and without
. filing NRC Form-241 with the NRC. as required.
This is a Severity Level IV violation'(Supplement VI).
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations
.and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in Radiation Consulting Associates.
Inc.'s letter to the NRC dated February'27. 1998.
However Radiation Consulting Associates. Inc. is required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect the corrective actions or the licensee's position.
In that case, or if Radiation Consulting Associates. Inc. chooses to respond the response should be clearly marked as a " Reply to a Notice of Violation." and sent to the U.S. Nuclear Regulatory Commission. ATTN:
Document Control Desk.
Washington D.C.
20555 with a copy to the Regional Administrator Region II within 30 days of the date of the letter transmitting this Notice of Violation.
Dated at Atlanta'. Georgia this 13th day of March 1998
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