IR 015000042/1997001

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Discusses Insp Rept 15000042/97-01 on 970321-0527 & Forwards Notice of Violation
ML20148E344
Person / Time
Site: 015000042
Issue date: 05/30/1997
From: Scarano R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Mcconathy S
GILBERT CENTRAL CORP.
Shared Package
ML20148E349 List:
References
15000042-97-01, 15000042-97-1, NUDOCS 9706030072
Download: ML20148E344 (4)


Text

May 30, 1997

SUBJECT:

NRC INSPECTION REPORT 150-00042/97-01 AND NOTICE OF VIOLATION

Dear Mr. McConathy:

This refers to the inspection conducted on March 21,1997, at the Gilbert Central

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Corporation (GCC) job site on Highway 70F between Madill and Kingston, Oklahoma. The inspection continued on April 21,1997, at your office in Fort Worth. On May 27,1997, the inspector conducted a telephonic exit briefing with you to discuss the findings of the inspection.

As a result of our inspection, certain of your activities appeared to be in violation of NRC requirements as specified in the enclosed Notice of Violation (Notice). The violations described in the Notice involved a failure to ensure that GCC had filed NRC Form 241,

" Report of Proposed Activities in Non-Agreement States," at least 3 days before beginning work with licensed material in Oklahoma, a Non-Agreement State under NRC jurisdiction, j

This violation is of particular concern to the NRC since GCC was using licensed material at a temporary job site which was essentially unrestricted, for the purposes of radiation protection. The NRC's primary mission is to protect the public health and safety, in order to achieve this mission, the NRC routinely conducts unannounced inspections at temporary job sites. Failure to notify the NRC of work to be conducted with licensed materialin NRC

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jurisdiction, denies the NRC the opportunity to ensure that the material is being used safely and in accordance with the applicable rules and regulations. For this reason, failure to file a Form 241 is a serious matter and could potentially be cited as a Severity Level ill violation. In this case even though it was late, GCC did file a Form 241 which did allow the NRC to conduct an unannounced inspection. Therefore, as stated in the enclosed Notice, this issue was characterized as a Severity Level IV violation.

You are required to respond to this letter, and you should follow the instructions specified

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in the enclosed Notice when preparing your response. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. For your consideration and convenience, an excerpt from NRC

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Information Notice 96-28, " SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," is enclosed.

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9706030072 970530 PDR STPRG ESGTX PDR

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Gilbert Central Corporation-2-In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, j

its enclosure, and your response will be placed in the NRC Public Document Room (PDR).

To the extent possible, any future response should not include any personal privacy or proprietary information so that it can be placed in the PDR without redaction.

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Should you have any questions concerning this letter, please contact Dr. D. Blair Spitzberg at (817) 860-8191.

Sincerely,

Am" Ross A. Scarano, Director Division of Nuclear Material Safety Docket: 150-00042/9' il License: LO4569 (Tex.cd Enclosures:

1. Notice of Violation 2. NRC Information Notice 96-28 cc w/ Enclosure 1:

Texas Radiation Control Program Director Oklahoma Radiation Control Program Director

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bec w/ Enclosure 1 to DCD (IE-07)

bec w/ Enclosure 1 distrib. by RIV:

RIV Regional Administrator

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  • NMI&FC/DB (5th Floor)

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"RIV Nuclear Materials File - 5th Floor

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bec w/ inclosure 1 to DCD (IE-07)

bec w! Enclosure 1 distrib. by RIV:

RIV Regional Administrator

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' MIS System

'RIV Nuclear Materials File - 5th Floor

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05/T497 05JAT7 05/y97 OFFICIAL RECORD COPY 030020

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