IR 015000011/1997001
| ML20249B539 | |
| Person / Time | |
|---|---|
| Site: | 03034581, 015000011 |
| Issue date: | 06/19/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Wyatt R WYATT - JAYKIM ENGINEERS |
| Shared Package | |
| ML20249B540 | List: |
| References | |
| 15000011-97-01, 15000011-97-1, EA-98-157, NUDOCS 9806230282 | |
| Download: ML20249B539 (3) | |
Text
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rom-Ig UNITED STATES
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'g NUCLEAR REGULATORY COMMISSION
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j REGloN IV
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611 RYAN PLAZA DRIVE. SUITE 400
,g g,5 ARUNGTON. TEXAS 76011 8064
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June 19, 1998 EA 98-157 Mr. Richard Wyatt, Owner Wyatt Engineering, Inc.
2250 Second Avenue North Lewiston, Idaho 83501 -
SUBJECT:
NOTICE OF VIOLATION (NRC Inspection Report No. 150-00011/97-01 and Investigation Report No. 4-97-057)
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Dear Mr. Wyatt:
.This refers to your letter dated May 27,1998, in response to our letter dated April 20,1998. Our inspection and investigation were conducted in order to determine the circumstances surrounding Wyatt Engineering's conduct of licensed activities in the state of Idaho without an NRC license and without reciprocity, during the years 1994 through 1997 The inspection and investigation findings were discussed with you and members of your staff during a telephonic exit briefing on April 8,1998. Our April 20 letter identified one apparent violation and, prior to the NRC making an enforcement decision, provided you with the opportunity to either respond to the apparent violation or to request a predecisional enforcement conference. You did not request a predecisional enforcement conference, but instead provided a written response in your May 27
- letter.
Based on the information developed during the inspection and investigation, and the information that you provided in your May 27 response to the inspection report, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. Specifically, due to changes in personnel and confusion about NRC's
. reciprocity requirements, Wyatt Engineering conducted licensed activities in the state of Idaho without an NRC license or reciprocity. This was discovered during a state of Washington inspection at your Spokane, Washington facility.
This violation did not result in any safety consequences. The significance of this violation is that L
it results in the NRC not being aware of licensed activities being conducted in NRC jurisdiction, such that the NRC is not in a position to inspect the activity and address public health and safety issues. Therefore, this violation has been categorized in accordance with the " General -
Statement of Policy and Procedure for NRC Enforcement Actions"(Enforcement Policy),
NUREG-1600 at Severity Level 111."
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l'n accordance with the Enforcement Policy, a civil penalty in the base amount of $2,750 is
. considered for a Severity Level 111 violation. Because your facility has not been the subject of
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escalated enforcement actions within the last two inspections, the NRC considered whether e
f credit was warranted for Corrective Action in accordance with the civil penalty assessment 9806230282 990619 Y
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.PDR ADOCK 03034581
C-PDR
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' %Wyatt Engineering, Inc.
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process in Section VI.B.2 of the Enforcement Policyi Your corrective actions included -
immediately requesting reciprocity and applying for an NRC license, which was subsequently granted. Also, you' appointed a company radiation safety officer and other individuals to take.
- care of the administration of the gauges in both_the states of Idaho and Washington. Based on these actions, the NRC has determined that credit was warranted for the Corrective Action
' factor.
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- Therefore, to encourage prompt and comprehensive correction of violations, and in recognition
- of the absence of previous escalated enforcement action, I have been authorized,'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 Severity Levei lll violation constitutes escalated Enforcement action, that may subject you to increased inspection effort.-
w iThe NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full ~
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compliance was achieved is already adequately addressed on the docket in the subject inspection report and your May 27,1998, letter. Therefore, you are not required to respond to
-. this letter unless the description therein does not accurately reflect your corrective actions or your position, in that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
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'In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its f enclosure, and your response will be placed in tne NRC Public Document Room.
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Sincerely, Ellis W. Merscho Regional Administrator
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/ Docket No. 030-34581
' : License No. 11-27573-01
' Enclosure: Notice of Violation
~ 'cc w/ Enclosure:
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idaho Radiation' Control Program Director
- Washington Radiation Control Program Director
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G Wyatt Engineering, Inc.
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L.PDR NUDOCS SECY EC's: Rl,Ril,Rlli CA PA (0-2G4)
EDO (0-17G21)
OlG (T-5D28)
DEDO (0-17G21)
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LIEBERMAN, OE (0-7H5)
OE:EAFile (O-7H5)
CHANDLER, OGC (0-15B18)
GOLDBERG, OGC (0-15B18)
NMSS (T-8A23)
NMSS (T-8F5)
OC/DAF (T-9E10)
RA Reading File GSanborn-EAFile DNMS Files RWise BSpitzberg, DNMS RIV Files MIS Coordinator LWilliamson,01 WCFO Files E-Mall DISTRIBUTION:
OEMAll JDyer (JED2)
WBrown (WLB)
EMerschoff (EWM)
GSanborn (GFS)
GMVasquez (GMV)
BHenderson (BWH)
CHackney (CAH)
DKunihiro (DMK1)
RScarano (RAS 1)
CCain (CLC)
LHowell (LLH)
FWenslawski (FAW)
DSpitzberg (DBS)
EGarcia (EMG)
DOCUMENT NAME: G:\\EA\\ CASES \\WYATT\\EA98157.DFT To receive copy of document, indicate in box: "C" = Copy without enclos
"E" = Copy with epciosures "N" = No copy ES C:MB D:DNMS g RC lf[f/l, l
fm MVASQUEZ ///14/ SPITZBERGM SCARANf6 '
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OFFICIAL RECORD COPY
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