IR 015000023/1990001
| ML20055D144 | |
| Person / Time | |
|---|---|
| Site: | 015000023 |
| Issue date: | 06/26/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Russell H MISSISSIPPI X-RAY SERVICE, INC. |
| Shared Package | |
| ML20055D145 | List: |
| References | |
| EA-90-095, EA-90-95, NUDOCS 9007050022 | |
| Download: ML20055D144 (3) | |
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UNITED STATES
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9 R WASHINGTON, D. C. 20566
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JUN 2 61990 Docket No.
150-0023 General License 10 CFR 150.20 EA 90-095 Mississippi X-Ray Service, Inc.
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ATTN:
H. Xeith Russell
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President Post Office Box 127 Wesson, Mississippi 39191
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l Gentlemen:
SUBJECT: ORDERMODIFYINGLICENSE(EFFECTIVEIMMEDIATELY)ANDNOTICEOr VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $7,500
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(NRC INSPECTION NO. 150-0023/90-01)
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This refers to the Nuclear Regulatory Commission (NRC) special safety inspection conducted by Mr. D. Collins on April 26, 1990, at Mississippi X-Ray Service, Inc. operations associated with Plantation Pipeline Company construction at j
Bells Road and Interstate 95 near Richmond, Virginia. The report documenting this inspection was sent to you by letter dated May 9,1990. As a result of this inspection, significant failures to comply with NRC regulatory requirement, were identified. An Enforcement Conference was held on May 21, 1990, to discuos the violations, their cause, and your corrective actions to preclude their recurrence. The letter sunnarizing this Conference was sent to you on
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June 5, 1990.
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The violations described in the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) involved:
(1) a failure of Mississippi X-Ray Service radiographers to maintain direct surveillance of radiogra3 hic operations in that a member of the public came within 20 - 25 feet of t1e
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l-radiographic exposure site, and thus within the radiation area, (2) a failure to post radiation areas or high radiation areas where radiography was being l
performed, (3) a failure to perform appropriate radiation surveys after each i
of four radiographic exposures observed on April 26,1990,and(4)afailure i
to notify NRC Region II three days prior to the beginning of licensed activities
in the Connonwealth of Virginia, a non-Agreement State.
In response to an allegation, our inspector confirmed through field observations
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conducted on April 26, 1990 that your radiographers were using unsafe practices during radiographic operations.
Because the allegation was substantiated, we
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are concerned that those unsafe practices may have been occurring for some time prior to our inspection. The NRC considers these field actions to be very serious violations of the radiation safety requirements in 10 CFR Part 34. The violations connitted by your radiographers appear to be at least careless disregard for regulatory requirements in that the radiographers were trained and experienced, yet they stated that they yielded to production pressure from the client.
9007050022 900626 NMSS SUBJ
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Mississippi X-Ray Service, Inc.
-2-i These violations are particularly significant because of the extensive
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radiography experience of the personnel involved and the straightforward j
regulatory requirements that are imposed on radiographic operations. The NRC
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relies on licensees and their employees to perform licensed activities in accordance with existing regulatory requirements.
In this event, the careless disregard for safety requirerents on the part of these radiographers puts themselves and others at risk. Neither the NRC nor the State of Mississippi, which issued your specific license, can tolerate the performance of radiography
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in that manner. As stated in the NRC Enforcement Policy, we hold the licensee l
responsible for the acts of its employees.
The enclosed Order Modifying License (Effective Immediately) requires. weekly notification to the NRC of field radiography to be conducted at any location in a non-Agreement state.
To emphasize the need to assure that radiographic operations are conducted in accordance with regulatory requirements intended to ensure safe operations and continued and effective management control over activities authorized by your license, I have decided to issue the enclosed Notice of Violation and Proposed
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Imposition of Civil Penalty in the amount of $7,500 for the Severity Level III problem described in the enclosed Notice.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy) 10 CFR Part 2, Appendix C (1990), the violations have been classified in the aggregate at the Severity Level III. The base value of a civil penalty for a Severity Level III problem is $5,000. The escalation and mitigation i
factors in the Enforcement Policy were considered.
Escalation of 50 percent was applied because the NRC identified the violations during a special safety inspection. The civil penalty was not mitigated for corrective action because of a lack of timeliness in its completion. The civil penalty was not mitigated for past performance in view of your recurrent enforce-ment history regarding failure to do surveys. The other adjustment factors in the Enforcement Policy were considered and no further adjustment to the base civil penalty is considered appropriate. Therefore, based on the above, the base civil penalty has been increased a total of 50%.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
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Mississippi X-Ray Service, Inc.
-3-The responses directed by this letter and enclosed Notice are not subject to
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the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.
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Sincerely
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H L. Thompson Jr.
D p ty Executive Dire
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f Nuclear Materials ety, Safeguards,
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and Operations Support
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Enclosures:
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Order Modifying License l
(EffectiveInnediately)
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Notice of Violation and Proposed Imposition of Civil Penalty cc w/encis:
State of Mississippi Comonwealth of Virginia
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