IR 015000012/2020002

Midwest Engineering Associates, Inc., Inspection Report., NRC Form 591M Parts 1, 2, & 3, Reciprocity Insp. Report 15000012/2020002 (Dnms), (09/16/2019, with in-office Review Through 04/23/2020) License No. IL-02425-01 (State of Illinois)/Do

ML20135G755
Person / Time
Site:	15000012, 015000012
Issue date:	04/23/2020
From:	O'Dowd D Division of Nuclear Materials Safety III
To:	Gruber S Midwest Engineering Associates
References
IR 2020002
Download: ML20135G755 (6)

Text

NRC FORM 591M PART 3 U.S. NUCLEAR REGULATORY COMMISSION (07-2012)

10 CFR 2.201 Docket File Information SAFETY INSPECTION REPORT AND COMPLIANCE INSPECTION 1. LICENSEE/LOCATION INSPECTED: 2. NRC/REGIONAL OFFICE Midwest Engineering Associates, Inc. Region III 140 East Washington Street U. S. Nuclear Regulatory Commission East Peoria, Illinois 61611 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 REPORT NUMBER(S) 2020-002 3. DOCKET NUMBER(S) 4. LICENSE NUMBER(S) 5. DATE(S) OF INSPECTION 09/16/2019, with in-office 150-00012 IL-02425-01 review through 04/23/2020 6. INSPECTION PROCEDURES USED 7. INSPECTION FOCUS AREAS 87124 03.01, 03,06, and 03.07 SUPPLEMENTAL INSPECTION INFORMATION 1. PROGRAM CODE(S) 2. PRIORITY 3. LICENSEE CONTACT 4. TELEPHONE NUMBER 03121 5 Stan Gruber, RSO & Manager (309) 229-6561 Main Office Inspection Next Inspection Date: No change Field Office Inspection Remote telephonic in-office review only Temporary Job Site Inspection PROGRAM SCOPE This was an in-office review of an engineering company authorized to possess Cs-137 and Am-241:Be in Troxler Model 3400 Series portable moisture-density gauging devices at its facility in East Peoria, Illinois, and at temporary job sites of the licensee in areas not under exclusive Federal jurisdiction throughout the State of Illinois.

On September 13, 2019, the inspector was notified by the NRC Headquarters Point-of-Contact (POC) for reciprocity that the Illinois Emergency Management Agency (IEMA) had contacted that office to seek on behalf of one of its licensees information regarding the process for requesting reciprocity with the NRC. The inspector was requested by the POC to contact the IEMA materials licensee directly. On September 16, 2019, the inspector spoke with the licensee's Radiation Safety Officer (RSO) and provided the information on filing for reciprocity with the NRC. During this discussion, the RSO stated that the company had already conducted activities using a portable nuclear gauge at the Illinois Air National Guard (IL ANG)/182 Airlift Wing base in Peoria, Illinois, on three dates in August 2019. The RSO further stated that on August 29, 2019, the gauge user was asked by a general contractor's construction manager at the IL ANG site to provide a copy of its properly filed and NRC-approved NRC Form 241, as was required per IL ANG protocols. The RSO was subsequently informed of the request. Activities involving the possession and use of the portable gauge at the site were immediately halted and the gauge returned back to the licensee's facility in East Peoria, Illinois.

During telephonic conversations with this inspector, the RSO explained that their company had only very recently been hired as a sub-contractor for this job, and that during IL ANG pre-construction meetings with its contractors, the point was brought up to contractors of the need to meet all federal requirements required by the IL ANG. According to the RSO and the IL ANG Environmental Health and Safety Officer, this meeting took place prior to Midwest Engineering's involvement in the project, and the company was never informed about the requirement nor the jurisdictional status of the location until August 29, 2019. The company had assumed that the site was under the jurisdiction of the State of Illinois, and therefore, had not sought reciprocity with the NRC.

(cont'd on next page)

NRC FORM 591M PART 3 (07-2012)

NRC FORM 591M PART 3 U.S. NUCLEAR REGULATORY COMMISSION (07-2012)

10 CFR 2.201 Docket File Information SAFETY INSPECTION REPORT AND COMPLIANCE INSPECTION 1. LICENSEE/LOCATION INSPECTED: 2. NRC/REGIONAL OFFICE Midwest Engineering Associates, Inc. Region III 140 East Washington Street U. S. Nuclear Regulatory Commission East Peoria, Illinois 61611 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 REPORT NUMBER(S) 2020-002 3. DOCKET NUMBER(S) 4. LICENSE NUMBER(S) 5. DATE(S) OF INSPECTION 09/16/2019, with in-office 150-00012 IL-02425-01 review through 04/23/2020 6. INSPECTION PROCEDURES USED 7. INSPECTION FOCUS AREAS 87124 03.01, 03,06, and 03.07 SUPPLEMENTAL INSPECTION INFORMATION 1. PROGRAM CODE(S) 2. PRIORITY 3. LICENSEE CONTACT 4. TELEPHONE NUMBER 03121 5 Stan Gruber, RSO & Manager (309) 229-6561 Main Office Inspection Next Inspection Date: No change Field Office Inspection Remote telephonic in-office review only Temporary Job Site Inspection PROGRAM SCOPE In addition to the initial telephone conference on September 16, 2019, and several subsequent telephone conversations, the inspector performed additional in-office review, including telephonic discussions with the IL ANG Environmental Health and Safety Officer, IEMA officials, and review of documentation researched and provided in order to determine with certainty the actual jurisdictional status of the site and location of use, as well as documentation provided by Midwest Engineering.

An exit meeting was conducted by telephone on April 23, 2020.

This violation is considered a Severity Level IV violation because (1) the licensed activity is designated as NRC Priority 5 as identified in NRC Manual Chapter 2800; (2) the licensee has not previously violated the requirement; (3) the facts of the specific case would not have resulted in the NRC conducting an onsite inspection; and (4) the circumstances of the case generally include the failure to provide an initial Form 241 for work of very limited scope and single occurrence of a few days within NRC jurisdiction.

NRC FORM 591M PART 3 (07-2012)

From: Stan Gruber To: O"Dowd, Dennis Subject: [External_Sender] Re: Transmittal of Inspection Report Form 591M and Request for Signature/Date and Return Date: Tuesday, May 12, 2020 4:02:33 PM Attachments: NRC Form 591M.pdf USAGE CALENDAR - 2020.xlsx Attached is the signed NRC Form 591M.

Also attached is the usage form that we have been using to record when the gauge was taken on to site at Illinois National Guard. Please let me know if you have any questions or concerns.

Sincerely, Stanley Gruber Construction Manager O 309.222.8598 C 309.229.6561 F 309.689.8092 sgruber@mweainc.com Midwest Engineering Associates, Inc.

140 East Washington Street East Peoria, IL 61611 www.mweainc.com This electronic communication, which includes any files or attachments thereto, contains proprietary or confidential information and may be privileged and otherwise protected under copyright or other applicable intellectual property laws. All information contained in this electronic communication is solely for the use of the individual(s) or entity to which it was addressed. If you are not the intended recipient(s), you are hereby notified that distributing, copying, or in any way disclosing any of the information in this e-mail is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately, and destroy the communication and any files or attachments in their entirety, whether in electronic or hard copy format. Since data stored on electronic media can deteriorate, be translated or modified, Midwest Engineering Associates, Inc. will not be liable for the completeness, correctness or readability of the electronic data. The electronic data should be verified against the hard copy.

Please consider the environment before printing this e-mail.

From: O'Dowd, Dennis <Dennis.O'Dowd@nrc.gov>

Sent: Friday, May 8, 2020 1:20 PM To: Stan Gruber Subject: Transmittal of Inspection Report Form 591M and Request for Signature/Date and Return Mr. Stanley Gruber Radiation Safety Officer Midwest Engineering Associates, Inc.

140 East Washington Street East Peoria, Illinois 60611

Dear Mr. Gruber:

Please find attached a Form 591M (Parts 1 and 2), Safety Inspection Report and Compliance

Inspection, signed by me and Mr. Michael Kunowski, Chief, Materials Inspection Branch, Division of Nuclear Materials Safety, U.S. Nuclear Regulatory Commission (NRC), Region III, issued in response to our in-office review of the circumstances regarding certain activities that were conducted in NRC jurisdiction for three days in August 2019, prior to Midwest Engineerings filing for reciprocity under Title 10, Code of Federal Regulations (CFR), Section 150.20.

An exit meeting was conducted by telephone with you on April 23, 2020, to discuss the findings. The enclosed Form 591M (Parts 1 and 2) inspection report presents the results of the in-office review.

Based on the results of this in-office review, the NRC has determined that a Severity Level IV violation of NRC requirements occurred. The violation was evaluated in accordance with the NRC Enforcement Policy. The NRC is citing the violation in the enclosed Form 591M because the violation was not identified by you, the licensee, but brought to your attention by officials at the site. The 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 compliance will be achieved is already adequately addressed in the narrative on the form, and therefore, no response is requested.

At this time, I ask that that the row entitled, Licensees Representative be completed, either by you or by your senior management, to include the printed name, signature, and date, and return to me via email the scanned pages 1 & 2 of the completed Form 591M with name, signature and date added. This documents your commitments that corrective actions have been or will be performed as described in the citation.

Should you have any questions regarding this or any other related matter, please feel free to contact me at the telephone number below. Thank you very much for your cooperation during this in-office review.

Dennis P. ODowd Health Physicist Materials Inspection Branch Division of Nuclear Materials Safety U.S. Nuclear Regulatory Commission 2443 Warrenville Road Lisle, IL 60532 dennis.o'dowd@nrc.gov 630.829.9573 (office)

630.515.1259 (fax)