IR 015000030/1992001
| ML20126G179 | |
| Person / Time | |
|---|---|
| Site: | 015000030 |
| Issue date: | 12/28/1992 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Jocelyn Craig WESTERN TECHNOLOGIES, INC. |
| Shared Package | |
| ML20126G182 | List: |
| References | |
| EA-92-216, NUDOCS 9301040099 | |
| Download: ML20126G179 (6) | |
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fg NUCLEAR REGULATORY COMMISSION I'
t <r o REGION IV o, ,! 011 RYAN PLAZA DRIVE, SUITE 400
$ e, ARLINGTON, TEXAS 76011-8064
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DEC 281992 Docket No. 150-00030 General License (10 CFR 150.20)
EA 92-216 Western Technologies, In ATTN: Mr. Craig Johnson Vice President Box 21387 j Phoenix, Arizona 85036 Gentlemen:
SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $8,000 (NRC INSPECTION REPORT 150-00030/92-01)
This is in reference to the NRC's inspection of Western Technologies, Inc. (Western Technologies), during radiographic operations performed at the White Sands Missile Range, New Mexico, on October 28, 1992. The results of this inspection were discussed with Western Technologies' former radiation safety officer on November 2, 1992, and were documented in a report'
issued on November 17, 199 NRC's inspectors observed Western Technologies personnel performing radiography without wearing alarm ratemeters as required by 10 CFR 34.33(a). Based on the significance of this violation, an enforcement conference was held between Western Technologies and NRC personnel on December 1, 1992, in NRC's Arlington, Texas office. A list of attendees is enclose Western Technologies, which holds New Mexico and Arizona State licenses for its radiography activities, was performing licensed activities in NRC jurisdiction pursuant to the general license authorized by NRC in 10 CFR 150.20. The general license authorizes the performance of radiography in accordance with the terms and conditions specified in a specific license issued by an Agreement State and with the NRC regulations listed in 10 CFR 150.20(b).
CERTIFIED MAIL RETURN RECEIPT REOUESTED k
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DEC 281992 v
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Notice of Violation -2-49.CFR 172.101, radioactive material is classified as hazardous materia CFR 172.203 (c) (2) requires that the. letters
"RQ" (Reportable Quantity) be entered on the shipping paper either before or after the basic-description required for-each hazardous substanc Contrary to the above, on October 28, 1992, while conducting radiographic operations at the White Sands Missile Range, New Mexico, the Licensee ,
transported approximately 22 curies of iridium-192, a reportable quantity,.and the letters "RQ" were not entered either before or after the description of the hazardous material on the shipping paper that accompanied the shipmen This is a Severity Level IV violation (Supplement V). CFR 150.20(b) (4) requiras that.the licensee comply with-all terms and conditions of the specific license issued by an Agreement State except such' terms or conditions as are contrary to-the requirements of 10 CFR Part 15 License Condition 11.B of the Licensee's State of New Mexico Radioactive Material License (Number IR244-21) specifies, in part, those individuals authorized to act as radiographers or-radiographer's assistants as defined in Part 5-120, New Mexico Radiation Protection Regulation Contrary-to the above, on October.28,-1992, while-conducting radiographic operations at the Whit Sands Missile Range, New Mexico, the. Licensee =
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permitted an individual to act as a radiographer who was not' listed as an authorized radiographer-or radiographer's assistant on the Licensee' State of New Mexico-Radioactive Material License (Number IR244-21).
This is a Severity Level V violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201,'the Licensee is hereby required-to submit a written statement or. explanation to .
the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days ~of the.date'of this Notice of'
Violation and Proposed Imposition of Civil Penalty (Notice).
-This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (1)
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DEC 28 992
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Notice of Violation -3-admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3)
the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieve If an adequate reply is not received within the time specified in this Notice, an order or demand for information may be issued as to why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. .Unoer the authority of -
Section 182 of the Act, 42 U.S.C. 2232, this re0ponse shall be submitted under oath or affirmatio Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above or may protest imposition of the civil penalty, in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commissio Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part,-such_ answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1)' deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty, in whole or in part, such answer may request remission or mitigation of the penalt In requesting mitigation of the proposed penalty, the factors addressed'in Section VI.B.2 of 10 CPR Part 2,JAppendix C should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may. incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalt Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted,-or
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Enclosure:2-Attendance-List December 1, 1992, Enforcement Conference:
(EA 92-216)-
Western Technoloales, In Craig Johnson, Vice President & Managing Director Alex Zuran, Director, NDT Nuclear Reculatory Commission John Montgomery, Deputy Regional Administrator - -
Johns Jaudon, Deputy Director, Division of Radiation Safety-
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& Safeguards (DRSS)
William Brown, Regional Counsel -i Chuck Cain, Chief, Nuclear _ Materials Inspection ~Section =!
(NMIS), DRSS Mark Shaffer, Radiation Specialist, NMIS, DRSS Gilbert Guerra, Radiation Specialist, NMIS, DRSS-Gary Sanborn, Regional. Enforcement Officer Joe DelMedico, Enforcement-Specialist, Office of-Enforcement-(by telephone)-
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DEC 281992 -
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Notice of Violation -4 -
mitigated, may be collected by civil action pursuant to Section 234(c) of the Act, 42 U.S.C. 2282 The response noted above (Reply to Notice of Violation, latter with payment of civil penalty, and Answer to'a-Notice of Violation).should be. addressed to: Director, office-o Enforcement, U.S. Nuclear Regulatory Commission, ATTN:-Document control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission,_ Region.IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas-7601 *
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Dated at Arlington, Texas this 28th day of December 1992-1 l
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Western Technologies, Inc.- -2-In addition to finding Western Technologies personnel conducting radiography without-required alarm ratemeters, NRC's inspectors found that the radiographers did not recharge their pocket dosimeters prior to beginning work, also a violation of 10 CFR 34.33(a); that the radiographers were not listed on the New Mexico license utilized by Western Technologies in~ gaining the authority to work in NRC jurisdiction; and that the shipping papers used in transporting the radiographic equipment did not include certain-required informatio With regard to the failure to wear alarm ratemeters, NRC concludes that the radiographers knowingly violated this requirement because they acknowledged that they were aware of the requirement and that they had been aware of the fact that they did not have alarm ratemeters at the job site when.they began radiographic operations. This violation, which pas the focus of the enforcement conference discussions, is a serious violation of NRC requirements. This requirement was adopted to prevent significant radiation exposures by providing greater assurance that radiography personnel do not expose themselves or others to unexpectedly high radiation fields. The seriousness of this violation is compounded by the fact that it was committed knowingl The NRC recognizes that, as a result of the NRC inspection, Western Technologies personnel discontinued radiography-operations at White Sands until alarm ratemeters were obtained, and that Western Technologies later.took disciplinary action against the individuals involve During the enforcement conference, you indicated that complacency for safety requirements may-have contributed to the occurrence of this violation and that company management may not have been placing the appropriate emphasis on strict compliance with such requirements. The NRC acknowledges your efforts to eliminato-
.this complacent attitud Important_among these' efforts is the message you have conveyed in your training sessions following the NRC inspection. Personnel have been instructed that radiography work is not to be performed unless all required safety equipment is present and that employees should contact the home-office to obtain any necessary equipment before beginning wor In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy) _10 CFR Part 2, l Appendix C, the failure to wear alarm ratemeters during radiography operations has been categorized as a Severity Level II violation. This type of violation is normally classified at Severity Level III; however, the severity level was increased in this case because the radiographers knowingly violated this requirement.
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0EC- 281992
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Western Technologies, In To emphasize 1the seriousness of willful. violations, the . .
importance of strict compliance with safety requirements, and the importance of developing mechanisms to ensure that company-personnel are complying with such requirements, I have been authorized, after consultation with the Director,Joffice of Enforcement, and the Deputy Executive Director for Nuclear Materials Safety, Safeguards and Operations Support, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount of $8,000 for the Severity Level II violation described above and in the Notic The base value of a civil penalty-fo'r a Severity Level II violation is $8,000. The civil penalty adjustment factors in Section VI.B.2 of the. Enforcement Policy were considered and, on balance, resulted in no adjustment. In considering these factors, the NRC concluded that your corrective-actions warranted:
a reduction in the penalty by 50 percent of the base valu However, this was offset by the fact that.the violation was identified by the NRC as opposed to having been. discovered-by Western Technologies through its own audit program The remaining civil penalty adjustment factors were considered, but ,
did not result in any further adjustment !
The violations involving incomplete shipping papers and the use !
of personnel not listed on your New Mexico license;have been
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classified at Severity Level IV and V, respectively, and have not been assessed a civil penalt Western Technologies is 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. LIn addition,-youishould describe a the actions that-Western _ Technologies-will take before working in NRC jurisdictions to assure that you fully-understand and comply with current NRC, requirements; and to assure that your1 employees comply with allfNRC requirements, not just those that they elect to follow. After reviewing your response to this Notice, including yourip:oposed. 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 requirement In accordance-with 10 CFR 2.790 of the NRC's " Rules of Practice,"
a copy.of this letter and its enclosure will be placed in the NRC Public Document Roo .
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