IR 015000035/2022001
| ML23026A234 | |
| Person / Time | |
|---|---|
| Site: | 15000035, 015000035 |
| Issue date: | 01/31/2023 |
| From: | John Monninger NRC Region 4 |
| To: | Joel Jenkins A & M Engineering & Environmental Services |
| Kramer J | |
| References | |
| EA-22-092 IR 2022001 | |
| Download: ML23026A234 (4) | |
Text
January 31, 2023
SUBJECT:
A & M ENGINEERING AND ENVIRONMENTAL SERVICES, INC - NOTICE OF VIOLATION, NRC INSPECTION REPORT 150-00035/2022-001
Dear Jeffrey Jenkins:
This letter refers to the in-office review conducted from June 7 to September 16, 2022. The purpose of the review was to evaluate your request dated May 18, 2022, for the U.S. Nuclear Regulatory Commission (NRC) approval to perform licensed activities in a non-agreement state for calendar year 2022. A final exit briefing was conducted telephonically with you on November 9, 2022. Details of the inspection and one apparent violation were provided to you in the subject inspection report dated November 17, 2022, Agencywide Documents Access and Management System (ADAMS) Accession No. ML22320A534.
In the letter transmitting the inspection report, we provided you with the opportunity to address the apparent violation by either attending a predecisional enforcement conference or providing a written response before we made our final enforcement decision. In a letter dated December 2, 2022 (ML22346A266), you provided a written response to the apparent violation.
Based on the information developed during in-office review and the information that you provided in your response to the inspection report dated November 17, 2022, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. The violation involved the failure to file a submittal containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, a copy of the agreement state specific license, and the appropriate fee at least 3 days prior to engaging in licensed activities in a non-agreement state for calendar year 2022.
The NRC considers the violation above to be a significant violation because the failure to file a submittal containing an NRC Form 241 and performing licensed activities in a non-agreement state prevents the NRC from inspecting these areas and ensuring that licensed material is being used safely and in accordance with NRC requirements. Therefore, the violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III. The NRC Enforcement Policy can be found on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $8,750 is considered for a Severity Level III violation.
Because your facility has not been the subject of escalated enforcement actions, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. The NRC has determined that Corrective Action credit is warranted based on the prompt and comprehensive corrective actions you implemented. Your corrective actions to address the violation are documented in NRC Inspection Report 150-00035/2022-001 and in your letter dated December 2, 2022.
Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement action, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case.
However, significant violations in the future could result in a civil penalty.
The NRC has concluded that information regarding: (1) the reason for the violation; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance was achieved is already adequately addressed on the docket in NRC Inspection Report 150-00035/2022-001 and in your letter dated December 2, 2022. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, the enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or in the NRCs ADAMS, accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The NRC also includes significant enforcement actions on its website at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions.
If you have any questions concerning this matter, please contact Neil OKeefe of my staff, at 817-200-1455.
Sincerely, John D. Monninger Deputy Regional Administrator Docket No. 150-00035 License No. General License pursuant to 10 CFR 150.20 Enclosure:
Notice of Violation Signed by Monninger, John on 01/31/23