IR 015000030/1997002
| ML20217M068 | |
| Person / Time | |
|---|---|
| Site: | 15000030, 015000030 |
| Issue date: | 08/15/1997 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Keeling K APPLIED RESEARCH ASSOCIATES, INC. |
| References | |
| 15000030-97-02, 15000030-97-2, EA-97-259, NUDOCS 9708200058 | |
| Download: ML20217M068 (3) | |
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AH LINotoN. T E x As 76011-8064 August 15, 1997 :
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1 Mr. Keith !
Radiation Safety Officer
Applied Research Associates, Inc. ;
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P.O. Box 5388 ;
Albuquerque, New Mexico 87185 i
SUBJECT: ENFORCEMENT DISCRETION (NRC INSPECTION REPORT 150 00030/97 02)
Dear Mr. Keeling:
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I. - This is in reference to the NRC's inspection of your activities at Kirtland Air Force Base
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(Kirtland), New Mexico on May 2,1997. The purpose of the inspection was to review ,
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Applied Research Associates, Inc.'s (ARA) use of portable nuclear gauges at Kirtland, specifically in areas of exclusive federal jurisdiction. The results of this inspection were
discussed with you at the conclusion of the inspection and during a telephonic exit meeting j. on May 27,1997.
, Subsequent to the May 27,1997 telephonic exit meeting, a letter and NRC Form 591 were
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sent to you on June 11,1997, which indicated that no violations were observed during this inspection. As explained to you by telephone on August 11,1997, a violation was
- found during this inspection but is not being cited for reasons discussed below. We
- apologize for any confusion this may have caused.
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Specifically, from September 1995 until ARA obtained an NRC license in June 1997, ARA stored gauges at Kirtland under the authority of a state of New Mexico license, in 1995,
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1990 and 1997, at the raquest of Kirtland's radiation safety office, ARA submitted NRC l Form 241s to the NRC, which effectively authorized ARA to store or use these gauges in
, areas of exclusive federal jurisdiction at Kirtland for a maximum of 180 days.' In 1996, however, ARA stored those gauges continuously at Kirtland and therefore exceeded the i 180 day maximum. A specific NRC license would have been required for this.
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The inspection also determined, however, that: 1) the gauges were stored and never actually used at Kirtland; 2) ARA stored these gauges at Kirtland under the authority of a New Mexico license specifically authorizing storage at this location; and 3) ARA was I unaware when it came into possession of these gauges in 1995 that an NRC license may .
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' Prior to February 1997, it had been NRC's practice to accept Form 241s to allow Agreement State licensees to conduct activities at temporary job sites in cicas of exclusive federal jurisdiction. In February 1997, the NRC formalized this practice, by clarifying its regulations in 10 CFR 150,20.
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Applied Research Associates, Inc. 2-be required. Following tha NRC's inspection in May 1997, ARA took action to obtain a specific NRC license, which was issued June 30,1997.
fJormally, violations involving Agrectncnt Stato licensees conducting unauthorized activities in NRC jurisdiction are classified at Severity Lovelill and are considered for escalated enforcement action, including possible monetary civil penalties. However, based on the mitigating circurnstances in this caso, as discussed above, and af ter consultation with the
, Director, Office of Enforcement, the NRC is, exercising its discretion and is issuing no enforcement action for this violation. This is being done in accordance with Section Vll.B.O of the " General Statement of Policy and Proceduro for NRC Enforcement Actions" (Enforcement Policy), NUREG 1000, which permits discretion based on special circumstances.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter will be placed in the NRC Public Document Room.
Sinc traly, MlL d
, ' i ss Scarano, Director Division of Nuclear Matsrials Safety Docket No. 030 34489 License No. 30-27565 01 cc:
State of Now Mexico
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GSanborn (GFS) GMVasquez (GMV)
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] DOCUMENT NAME: G:\EA\ DRAFT \EA97259.DFT To receive g document, Indicate in box: "C" = Copy without enclosures *E" a Copy gth e riosures N" * No apy LO~ /S Yl A # C:NMi&FC/Dl , D.:0E WLf" D:DNMS lfj GSNAGF U WBRW DBSPilZBERG m QLIEBERMAth , RSCARAN pf
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