IR 015000031/1997004
| ML20199L702 | |
| Person / Time | |
|---|---|
| Site: | 015000031 |
| Issue date: | 02/03/1998 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Rahon T AFFILIATION NOT ASSIGNED |
| References | |
| 15000031-97-04, 15000031-97-4, EA-98-007, EA-98-7, NUDOCS 9802100013 | |
| Download: ML20199L702 (3) | |
Text
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February 3, 1998 EA No. 98 007 Docket No. 150-00031 License No. New York Licensee Theodore E. Rahon, Ph.D.
Radiation Safety Officer CoPhysics Corporation 33 Crystal Run Road Middletown, New York 10940 SUBJECT: INSPECTION NO. 150-00031/97 004 AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Dr. Rahon:
On October 29,1997, Judith Joustra, Sheri Arredondo, and Dr. Mohamed Sbsnbaky of this office responded to a tritium contamination event at the Arthur Brisbane Child Treatment Center in Farmingdale, New Jersey. The NRC response consisted of inspection of initial response efforts, discussions with representatives from the State of New Jersey Departments of Human Services, and Environmental Protection, as well as CoPhysics, and Envirogenics, and performance of initial wipe test surveys. During this event the NRC determined that CoPhysics had been contracted by Envirogenics who in turn had been contracted by the New Jersey Department of Human Services to perform dt contamination activities at the Brisbane facility.
Based on the results of this event and subsequent telephone discussions between you and Ms. Joustra of this office, it appears that your activities were not conducted in full compliance with NRC requirements. A violation of 10 CFR 150.20 occurred in that you failed to file for reciprocity prior to conducting licensed activities under your New York State license while in NRC jurisdiction (the Brisbane facility).
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A violation of NRC requirements for failing to file for reciprocity could be considered for escalated enforcement and subject to a civil penalty. However, after consultation with the Director, Office of Enforcement, I have been authorized to not issue a Notice
$ of Violation and not propose a civil penalty in this case in accordance with Section j Vll.B.6 of the " General Statement of Policy and Procedures for NRC Enforcement Actions," (Enforcement Policy), NUREG 1600, based on the circumstances involved.
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m However, a f ailure to file for reciprocity in the future will be subject to enforcement q action. We note for your information that, where yot have been retained to perform
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g3 licensed activities in NRC jurisdiction and are unable to provide the three day riotice
- required by 10 CFR 150,20, you may seek telephone authorization to proceed from g the Regional Administrator of the NRC Region i Office, and then make the appropriate w it e li within three days.
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,Q OFFICIAL RECORD COPY .11 M k!k,b!,5lll5lI , jg,p
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,e T. E. Rahon, Ph.D. 3 You are not required to respond to this letter.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the Public Document Room (PDR).
- Your cooperation with us is appreciated.
Sincerely, ORIGINAL SIGNED BY:
J4 % m A' ///a k u iHubert J. Miller Regional Administrator Docket No. 150-00031 License No. New York Licensee cc:
State of Naw York State of New Jersey
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al T. E. Rahon, Ph.D. 3 Distribution:
PUBLIC Nuclear Safety Information Center (NSIC)
Region i Docket Room (w/ concurrences)
D. J. Holody, RI C. Buracker, RI DOCUMENT NAME: R:\WPS\ MISC \COPHY v. . ..,v . w. e m. m in m ws: c . copy wi. .ii. chi.nci r - copy wi .ii.che.nci *N' = No copy OFFICE DNMS/RI N QNMqc l DNMS/R(] EO g I NAME JJoustra @ WJohirisen RBlough N DHolodyp DATE 01/14/98 01/30/98 01/ ti/98 OJ/ 7J98
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DATE 01/30/98 07/ 1 /98 01/ M 98 " 01/ /98 Q/ fB 0FFICIALRECORDCOPYp
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