IR 015000042/2021001
| ML21321A370 | |
| Person / Time | |
|---|---|
| Site: | 15000042, 015000042 |
| Issue date: | 11/26/2021 |
| From: | Scott(Ois) Morris NRC/RGN-V |
| To: | Martinez V BRL NDT Services |
| A. Roberts | |
| References | |
| EA-21-102 IR 2021001 | |
| Download: ML21321A370 (6) | |
Text
November 26, 2021
SUBJECT:
NOTICE OF VIOLATION AND NRC INSPECTION REPORT 150-00042/2021-001
Dear Mr. Martinez:
This letter refers to the announced inspection conducted on April 22, 2021, at your facility in San Antonio, Texas, with continued in-office review through August 19, 2021. The purpose of the inspection was to examine activities performed in Nampa, Idaho, an area of exclusive Federal jurisdiction, as they relate to public health and safety and to confirm compliance with the U.S.
Nuclear Regulatory Commission (NRC) rules and regulations. A final exit briefing was conducted telephonically with you on August 19, 2021. Details of the inspection and three associated apparent violations identified during the inspection were provided to you in the subject inspection report, dated September 15, 2021, Agencywide Documents Access and Management System (ADAMS) Accession No. ML21242A065.
In the NRC letter transmitting the inspection report, we provided you with the opportunity to address the apparent violations identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter dated October 12, 2021 (ADAMS Accession No.
ML21286A575) you provided your response to the apparent violations.
Based on the information developed during the inspection and the information that you provided in response to the inspection report dated September 15, 2021, the NRC has determined that three violations of NRC requirements occurred. These violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report. The violations include: (A) permitting an individual who had not completed qualification requirements to act as a radiographers assistant, (B) performing radiographic operations without two qualified individuals present, and (C) failing to conduct an inspection program of the job performance of a radiographer during an actual industrial radiographic operation every 6 months.
The NRC considers Violations A and B to be significant violations because the failure to have a fully qualified radiographers assistant and the failure to have two qualified individuals present during industrial radiographic operations could have resulted in an overexposure to the radiographers or a member of the public. Therefore, these violations are categorized collectively in accordance with the NRC Enforcement Policy as a Severity Level III problem. The NRC Enforcement Policy can be found on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. In addition, the NRC considers Violation C to be of low safety significance and thus it has been categorized in accordance with the NRC Enforcement Policy as Severity Level IV.
In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $15,000 is considered for a Severity Level III problem.
Because your facility has not been the subject of escalated enforcement actions within the last 2 years, 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 determined that Corrective Action credit is warranted based on your prompt corrective actions documented in our September 15, 2021, inspection report and the comprehensive corrective actions documented in your October 12, 2021, response.
Therefore, to encourage prompt and comprehensive correction actions to address 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.
In addition, issuance of this Severity Level III problem constitutes an escalated enforcement action that may subject you to increased inspection activities.
The NRC has concluded that information regarding: (1) the reason for the violations; (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 150-00042/2021-001 and in your letter received on October 12, 2021. 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 Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, should 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. To the extent possible, your response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction. 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 Dr. Lizette Roldán-Otero of my staff at 817-200-1455.
Sincerely, Scott A. Morris Regional Administrator Docket No. 150-00042 License No. General License Enclosure:
Notice of Violation cc w/Enclosure:
Mark Dietrich, PE, State Liaison Officer Idaho Department of Environmental Quality 1410 N. Hilton St.
Boise, ID 83706 Lisa Bruedigan, Radiation Unit Manager Texas Department of State Health Services P.O. Box 149347 Austin, Texas 78714-9347 Signed by Morris, Scott on 11/26/21