IR 015000012/2022001
| ML22287A117 | |
| Person / Time | |
|---|---|
| Site: | 15000012, 015000012 |
| Issue date: | 10/28/2022 |
| From: | David Curtis NRC/RGN-III/DRSS |
| To: | Ridgely A Hampton, Lenzini, and Renwick |
| References | |
| EA-22-090 IR 2022001 | |
| Download: ML22287A117 (1) | |
Text
SUBJECT:
NRC SPECIAL INSPECTION REPORT NO. 150-00012/2022001(DRSS) -
HAMPTON, LENZINI, AND RENWICK, INC.
Dear Austin Ridgely:
On July 12, 2022, an inspector from the U.S. Nuclear Regulatory Commission (NRC) contacted your staff concerning activities involving your possession and use of a portable nuclear gauge in the State of Indiana. The NRC began a special inspection, remotely, on July 12, 2022, with in-office review through October 14, 2022. The purpose of the inspection was to review the activities performed in NRC jurisdiction and to ensure that activities were being performed in accordance with NRC requirements. The in-office review included a review of your portable gauge use logs. The enclosed inspection report presents the results of the inspection.
During this inspection, staff examined your compliance with the NRCs rules and regulations.
The inspection consisted of selected examination of records and interviews with personnel.
Based on the results of this inspection, one apparent violation of NRC requirements was identified and is being considered for escalated enforcement action in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation concerned your failure to file a submittal for reciprocity before using licensed material in NRC jurisdiction under the terms of an Agreement State license, as required by Title 10 of the Code of Federal Regulations (10 CFR) Section 150.20.
Because the NRC has not made a final determination in this matter, the NRC is not issuing a Notice of Violation for this inspection finding at this time. Elizabeth Tindle-Engelmann of my staff discussed the circumstances surrounding this apparent violation, the significance of the issue, and the need for lasting and effective corrective action with you and your staff at the inspection exit meeting on October 14, 2022.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either:
(1) respond in writing to the apparent violation addressed in the enclosed report within 30 days of the date of this letter, or (2) request a Predecisional Enforcement Conference (PEC). Please contact Michael Kunowski, Chief of the Materials Inspection Branch, at 630-829-9618 or Michael.Kunowski@nrc.gov within ten days of the date of this letter to notify the NRC of your intended response.
October 28, 2022 If you choose to provide a written response, it should be sent within 30 days of the date of this letter. It should be clearly marked as Response to the Apparent Violation in Inspection Report No. 150-00012/2022001(DRSS); EA-22-090, and should include, for the apparent violation:
(1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation; (2) the corrective steps that have been taken and the results achieved; (3) the corrective steps that will be taken to avoid further violations; and (4) the date when full compliance was or will be achieved. In presenting your corrective actions, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violation. The guidance in NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective Action, may be useful in preparing your response. You can find the information notice on the NRC website at: http://www.nrc.gov/reading-rm/doc-collections/gen-comm/info-notices/1996/in96028.html.
Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. Your response should be sent to the NRCs Document Control Desk, Washington, DC 20555-0001, with a copy mailed to the NRC Region III Office, 2443 Warrenville Road, Suite 210, Lisle, Illinois 60532, within 30 days of the date of this letter. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.
If you choose to request a PEC, it will afford you the opportunity to provide your perspective on the apparent violation and any other information that you believe the NRC should take into consideration before making an enforcement decision. The topics discussed during the PEC may include the following: information to determine whether a violation occurred, information to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned to be taken. If a PEC is held, it will be open for public observation, and the NRC will issue a press release to announce the time and date of the conference.
In addition, please be advised that the number and characterization of the apparent violations described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
In accordance with the NRCs Rules of Practice in 10 CFR 2.390, a copy of this letter, its enclosure, and any response you provide will be made available electronically for public inspection in the NRCs Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, any response should not include any personal privacy, proprietary, or safeguards information so that it can be made publicly available without redaction. Please feel free to contact Elizabeth Tindle-Engelmann of my staff if you have any questions regarding this inspection. Elizabeth can be reached 630-829-9681.
Sincerely, David Curtis, Director Division of Radiological Safety and Security Docket No. 150-00012 License No. IL-01849-01 Enclosure:
Inspection Report No. 150-00012/2022001(DRSS)
cc (w/encl):
David Stoneberger, RSO State of Illinois State of Indiana Signed by Curtis, David on 10/28/22