IR 015000010/1998001
| ML20236Q790 | |
| Person / Time | |
|---|---|
| Site: | 015000010 |
| Issue date: | 06/16/1998 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Uptain D AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20236Q792 | List: |
| References | |
| 15000010-98-01, 15000010-98-1, EA-98-222, NUDOCS 9807210046 | |
| Download: ML20236Q790 (6) | |
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W E8c UNITED STATES
SUBJECT:
NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION (NRC INSPECTION REPORT N0. 150 00010/98 01)
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Dear Mr. Uptain:
This refers to the inspection conducted on April 1,1998, at your Marietta.
Georgia office and at Robins Air Force Base Georgia. The purpose of the
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inspection was to determine whether activities performed by Unified Testing j
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Services. Inc. (UTS) in areas of exclusive Federal jurisdiction which were l
authorized by the general license granted by the NRC in accordance with 10 CFR
150.20 were conducted scfely and in accordance with regulatory requirements.
10 CFR 150.20 requires, in part, that Agreement State licensees conducting activities in areas under exclusive Federal jurisdiction comply with the requirements of 10 CFR 20 and all terms and conditions of the specific license issued by an Agreement State. The results of the inspection were formally
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transmitted to you by letter dated April 24, 1998. That letter also provided you the opportunity to respond to the apparent violations or request a predecisional enforcement conference.
Subsequently. you declined a conference, and by letter dated May 15. 1998. you submitted additional information to us regarding the apparent violations, the root causes, and your
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corrective actions to preclude recurrence. We have reviewed the inspection l
results and the additional information you provided and have concluded that
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sufficient information is available to determine the appropriate enforcement action in this matter.
Based on the information developed during the ins)ection and the information that was provided in your May 15, 1998. letter, tie NRC has determined that
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violations of NRC requirements occurred. The violations are cited in the
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enclosed Notice of Violation (Notice), and the circumstances surrounding them i
are described in detail in the subject inspection report. Violation A is associated with the failure to secure from unauthorized removal or access and
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maintain constant surveillance of licensed material in an unrestricted area, s
in accordance with 10 CFR 20.1801 and 10 CFR 20.1802.
In this case, the licensed material involved approximately 35 curies of iridium 192 (Ir 192).
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t for use in an exposure device for industrial radiography. The subject
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inspection report documented a licensee radiographer who failed to maintain adequate control and surveillance of the licensed material for a period of approximately 5-10 minutes, before surveillance was re established by licensee 9007210046 980616 PDR STPRG ESG l
22e 7.
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Unified Testing Services. Inc.
personnel.
Your response of May 15. 1998, identified the root cause of the violation to be your radiographer's disregard of written procedures and regulations.
Although the actual safety consequences of the violation were low. the potential safety consequences were more significant because under different circumstances, uncontrolled licensed material could result in excessive radiation exposure to members of your staff and members of the public.
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this instance, your radiographer's failure to adhere to written procedures and maintain constant surveillance of licensed material is a significant regulatory concern. Therefore, this violation has been classified in accordance with the " General Statement of Policy and Procedures for NRC t
Enforcement Actions" (Enforcement Policy). NUREG 1600. as a Severity Level III violation.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $2750 is considered for a Severity Level III violation. Because your facility has not been the subject of escalated enforcement action within the last two years or two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process described in Section VI.B.2 of the Enforcement Policy.
Your corrective actions included preinstruction of all radiation safety workers regarding regulatory requirements and written procedures associated with control and surveillance of licensed materials, training to emphasize Unified Testing Services expectations regarding zero tolerance toward violations of these regulatory requirements, revision of your radiation safety training i
manual, and substantial disciplinary action for the individuals involved.
Based on these facts, the NRC determined that credit was warranted for the factor of Corrective Action.
Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement. I have been i
authorized, in consultation with the Director. Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty.
In addition, issuance of this Notice
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constitutes escalated enforcement action that may subject you to increased
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l inspection effort.
The inspection identified two additional violations of regulatory i
requirements. Violation B. as described in the enclosed Notice, involves three examples of failure to comply with 10 CFR 150.20. which requires that you comply with all terms and conditions of the specific license (in this l
case. Georgia Radioactive Materials License No. 1308 01). The three examples
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involve the failure to post radiation area signs, the failure to maintain visual surveillance of the restricted area, and the failure to verify the restricted area boundaries by survey. This violation has been classified at Severity Level IV. A violation was also identified associated with the failure to comply with 10 CFR 150.20 involving compliance with all terms and conditions of the specific license, involving the failure to train radiographer in accordance with required procedures. Based on your response of May 15, 1998, and discussions with the NRC Region II staff, it is apparent
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Unified Testing Services. Inc.
that a miscommunication occurred between our office and your Radiation Safety Officer regarding the training requirements for radiographer. Although the NRC has concluded that a violation occurred as stated in Inspection Report No. 150 00010/98 01, because of the special circumstances associated with this issue, and your documented corrective actions to prevent recurrence, the NRC determined that the exercise of discretion, in accordance with Section VII.B.6 of the Enforcement Policy, is appropriate. Therefore, after consultation with the Director, Office of Enforcement, I have been authorized not to issue a violation in this case.
The NRC has concluded that information regarding the reason for the enclosed violations, the corrective actions taken and planned to correct the violations and prevent recurrence and the date when full compliance will be achieved is already adequately addressed on the docket in your letter dated May 15. 1998.
However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position.
In that case, or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it 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.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of this letter. its enclosure, and your response. if submitted, will be placed in the NRC Public Document Room (PDR). To the extent p~ossible, your response should not include any personal privacy, )roprietary, or safeguards information so that it can be placed in tie PDR without redaction.
If you have any questions regarding this letter, please contact Douglas M. Collins, Director, Division of Nuclear Materials Safety at (404)
i 562 4700.
Sincerely
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Luis A. Re s Regional dmi istrator Docket No. 150 00010 License No. General (10 CFR 150.20)
Enclosure:
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Unified Testing Services. Inc.
CC W/ encl:
State of Georgia State o' Alabama 78 AMDS/SGPB Attn: Capt Craig Refosco 655 7th Street. B 207 Robins AFB GA 31098 2227
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Unified Testing Services.. Inc.
Distribution w/ encl:
LJCallan, ED0 HThompson, DEDR AThadani DEDE LChandler, OGC JGoldberg, 0GC FCombs. NMSS EJulian, SECY BKeeling. CA Enforcement Coordinators RI, RIII, RIV JLieberman. OE WBeecher, OPA
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