IR 015000042/2025001
| ML25100A108 | |
| Person / Time | |
|---|---|
| Site: | 15000042, 015000042 (TX L07168) |
| Issue date: | 04/14/2025 |
| From: | Rhex Edwards NRC/RGN-III/DRSS/MIB |
| To: | Dent G Fixed Equipment Reliability |
| References | |
| IR 2025001 | |
| Download: ML25100A108 (1) | |
Text
SUBJECT:
NRC RECIPROCITY INSPECTION REPORT NO. 15000042/2025001(DRSS)
AND NOTICE OF VIOLATION - FIXED EQUIPMENT RELIABILITY, LLC
Dear Gregory Dent:
On March 26, 2025, an inspector from the U.S. Nuclear Regulatory Commission (NRC)
conducted an inspection of activities that Fixed Equipment Reliability, LLC was authorized to perform under the terms of a general license in Title 10 of the Code of Federal Regulations (10 CFR) 150.20(a)(1) at a temporary job site in Hemlock, Michigan. The purpose of the inspection was to review activities performed under this general license (also known as reciprocity) to ensure that they were being performed safely and in accordance with NRC requirements and your State of Texas Radioactive Material License. The inspector, Ryan Craffey, conducted an exit meeting by telephone with you at the conclusion of the inspection to discuss the preliminary inspection findings. This letter presents the results of the inspection.
This inspection examined activities conducted under reciprocity as they relate to safety and compliance with the NRCs rules and regulations and with the conditions of your State of Texas license. Within these areas, the inspection consisted of selected examination of equipment, procedures and other records, and interviews with personnel.
Based on the results of this inspection, the NRC has determined that one Severity Level IV violation of NRC requirements occurred. The violation concerned the failure to file a submittal for reciprocity before engaging in licensed activities, as required by 10 CFR 150.20(b)(1). The violation was evaluated in accordance with the NRC Enforcement Policy, available on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Notice of Violation (Notice). The NRC is citing the violation in the enclosed Notice because the inspector identified it.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. The guidance in NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective Action, may be useful in preparing your response. You can find the Information Notice at:
https://www.nrc.gov/docs/ML1011/ML101100750.pdf. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.
In accordance with the NRCs Agency Rules of Practice and Procedure in 10 CFR 2.390, a copy of this letter, its enclosures and your response will be made available electronically for April 14, 2025 public inspection in the NRCs Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or security-related information so that it can be made publicly available without redaction.
Please feel free to contact Ryan Craffey of my staff if you have any questions regarding this inspection. Ryan can be reached at 630-829-9655 or ryan.craffey@nrc.gov.
Sincerely, Rhex A. Edwards, Chief Materials Inspection Branch Division of Radiological Safety and Security Docket No. 150-00042 License No. TX L07168 Enclosures:
1. Notice of Violation 2. Inspection Report 15000042/2025001 (DRSS)
cc (w/encl):
State of Texas State of Michigan Region IV Reciprocity Resource Signed by Edwards, Rhex on 04/14/25 Letter to from R. Edwards, dated April 14, 2025.
SUBJECT:
NRC RECIPROCITY INSPECTION REPORT NO. 15000042/2025001(DRSS)
AND NOTICE OF VIOLATION - FIXED EQUIPMENT RELIABILITY, LLC DISTRIBUTION w/encl:
Jack Giessner Mohammed Shuaibi David Curtis Jared Heck Diana Betancourt-Roldan Kenneth Lambert Jason Draper MIB Inspectors ADAMS Accession Number: ML25100A108 OFFICE RIII-DRSS RIII-DRSS NAME RCraffey:mh REdwawrds DATE 04/11/2025 04/14/2025 OFFICIAL RECORD COPY
Enclosure 1 NOTICE OF VIOLATION Fixed Equipment Reliability, LLC License No. TX L07168 Ingleside, Texas Docket No. 150-00042 During a U.S. Nuclear Regulatory Commission (NRC) inspection conducted on March 26, 2025, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Title 10 of the Code of Federal Regulations (10 CFR) 150.20(a)(1) provides, in part, that any person who holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in non-Agreement States, areas of exclusive Federal jurisdiction within Agreement States, and in offshore waters, provided that the provisions of 10 CFR 150.20(b) have been met.
Title 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non-Agreement States, areas of exclusive Federal jurisdiction within Agreement States, and in offshore waters, shall, at least 3 days before engaging in each such activity for the first time in a calendar year, file a submittal containing an NRC Form 241, "Report of Proposed Activities in Non-Agreement States"' a copy of its Agreement State specific license, and the appropriate fee as prescribed in 10 CFR 170.31 with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, between March 10 and 11, 2025, Fixed Equipment Reliability, a licensee of the State of Texas, did not file at least 3 days before engaging in licensed activities in non-Agreement States, a submittal containing an NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee with the Regional Administrator of the appropriate NRC regional office. Specifically, on March 10, 2025, Fixed Equipment Reliability received and stored an InstroTek MCM-2 hydrogenous materials analyzer containing 50 millicuries americium-241 at a temporary job site in Hemlock, Michigan, a non-Agreement State, prior to filing a submittal with the NRC on March 11, 2025.
This is a Severity Level IV violation (Section 6.9.d.14).
Pursuant to the provisions of 10 CFR 2.201, Fixed Equipment Reliability, LLC is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional Administrator, Region III, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a "Reply to a Notice of Violation, IR 15000042/2025001(DRSS)" and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation or its severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken, and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
Your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's Agencywide Documents Access and Management System (ADAMS), accessible at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, your response should not include any personal privacy, proprietary, or security-related information so that it can be made available to the Public without redaction.
If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days of receipt.
Dated this 14th day of April 2025.
Enclosure 2 U.S. Nuclear Regulatory Commission Region III Docket No.
150-00042 License No.
TX L07168 Report No.
15000042/2025001(DRSS)
Licensee:
Fixed Equipment Reliability, LLC Site:
Hemlock Semiconductor 12334 Geddes Road, Hemlock, MI Inspection Date:
March 26, 2025 Exit Meeting Date:
March 26, 2025 Inspector:
Ryan Craffey, Senior Health Physicist Materials Inspection Branch Division of Radiological Safety and Security Approved By:
Rhex Edwards, Chief Materials Inspection Branch Division of Radiological Safety and Security
EXECUTIVE SUMMARY Fixed Equipment Reliability, LLC NRC Inspection Report 15000042/2025001 (DRSS)
This was an unannounced, non-routine inspection of licensed reciprocity activities on the premises of Hemlock Semiconductor in Hemlock, Michigan. These activities involved the use of a hydrogenous materials analyzer containing americium-241, and were to be performed by Fixed Equipment Reliability, LLC (the licensee), as authorized by State of Texas Radioactive Material License No. L07168 and the general license in Title 10 of the Code of Federal Regulations (10 CFR) 150.20(a)(1) to perform activities licensed by an Agreement State in NRC jurisdiction under reciprocity.
As a result of the inspection, one Severity Level IV violation of 10 CFR 150.20(b)(1) was identified, regarding the receipt and storage of licensed material at the job site in Hemlock prior to filing a submittal for reciprocity with the NRC.
REPORT DETAILS
Program Overview and Inspection History Fixed Equipment Reliability (the licensee) was authorized by State of Texas Radioactive Material License No. L07168 to store hydrogenous materials analyzers containing americium-241, among other devices, at its field station in Ingleside, Texas, and to use them at temporary job sites in State jurisdiction. The company filed in March 2025 to perform these activities at temporary job sites in NRC jurisdiction for the remainder of the calendar year under the terms of the general license in Title 10 of the Code of Federal Regulations (10 CFR) 150.20(a)(1) i.e., reciprocity.
The NRC has not previously inspected this licensee at a temporary job site in its jurisdiction.
Filling for Reciprocity 2.1 Inspection Scope The inspector visited a job site in Hemlock, Michigan, to evaluate the licensees compliance with reciprocity requirements. The inspector interviewed licensee personnel and reviewed a selection of records.
2.2 Observations and Findings On March 11, 2025, the licensee filed a reciprocity submittal with NRCs Region IV office, notifying the agency of its intention to use an InstroTek MCM-2 hydrogenous materials analyzer on the premises of Hemlock Semiconductor (HSC), a fixed gauge user (docket no. 030-37611). The licensee was approved by Region IV on March 12, 2025, to perform licensed activities between March 15, 2025, and August 31, 2025.
On March 25, 2025, an NRC inspector met with licensee personnel present at its project trailer at HSC. The inspector reviewed shipping papers and utilization logs and found that the licensee had received an MCM-2 hydrogenous materials analyzer in Hemlock on March 10, 2025, prior to the licensee filing for reciprocity. The gauge had not been used since.
Title 10 CFR 150.20(a)(1) provides, in part, that any person who holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in non-Agreement States, areas of exclusive Federal jurisdiction within Agreement States, and in offshore waters, provided that the provisions of 10 CFR 150.20(b) have been met.
Title 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non-Agreement States, areas of exclusive Federal jurisdiction within Agreement States, and in offshore waters, shall, at least 3 days before engaging in each such activity for the first time in a calendar year, file a submittal containing an NRC Form 241, "Report of Proposed Activities in Non-Agreement States"' a copy of its Agreement State specific license, and the appropriate fee as prescribed in § 170.31 of this chapter with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, between March 10 and 11, 2025, Fixed Equipment Reliability, a licensee of the State of Texas, did not file, at least 3 days before engaging in licensed activities in non-Agreement States, a submittal containing an NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee with the Regional Administrator of the appropriate NRC regional office. Specifically, on March 10, 2025, Fixed Equipment Reliability received and stored an InstroTek MCM-2 hydrogenous materials analyzer containing 50 millicuries americium-241 at a temporary job site in Hemlock, Michigan, a non-Agreement State, prior to filing a submittal with the NRC on March 11, 2025.
The inspector noted that (1) the licensed activity (measuring systems - portable gauges, program code 03121) was designated as Priority 5 by the NRC; (2) the licensee had not previously violated the requirement; (3) the facts of the case would not have otherwise resulted in the NRC conducting an onsite inspection; and (4) the circumstances involved activities of a very limited scope and a single occurrence of no more than two days of storage in NRC jurisdiction. Therefore, the NRC characterized this violation at a Severity Level IV per NRC Enforcement Policy example 6.9.d.14.
The licensees RSO stated that licensee personnel had transported the gauge from the licensees facility Ingleside, Texas to HSC. The personnel picked up the device on March 9, 2025, and RSO anticipated that the gauge would be in transit for at least two days. The RSO was surprised to learn from the inspector that the gauge had been delivered to the job site after only a single night in transit.
2.3 Conclusions The inspector identified a SL IV violation of 10 CFR 150.20(b)(1).
Preparations to Safely Conduct Licensed Activities 3.1 Inspection Scope The inspector visited the job site in Hemlock to evaluate the licensees preparedness to conduct licensed activities. The inspector examined equipment, interviewed licensee personnel and reviewed a selection of records.
3.2 Observations and Findings The inspector toured the licensees project trailer at HSC. The trailer was under control and constant surveillance of licensee personnel throughout the inspection. The gauge was secured by one barrier (a locked hasp) in a locked and posted closed. The inspector discussed with personnel the challenges and potential vulnerabilities of relying on a combination of constant surveillance of the trailer and then securing it (and its numerous windows) when unattended to establish a second barrier. The licensee responded by immediately adding a second locked hasp to the closet, establishing a second barrier within the trailer instead.
The gauge and its Type A shipping container were in new condition and adequately marked and labeled. Independent gamma surveys were consistent with the radiation profiles in Sealed Source & Device Registry Certificate No. CA-0208-D-108-S. The licensee had access to a survey meter via HSC radiation safety personnel.
The inspector discussed with personnel the licensed activities to be conducted; namely, using the gauge to determine the extent of moisture intrusion and therefore length of piping insulation to be repaired around indications of external damage. On-site personnel had yet to complete gauge user training but were nevertheless knowledgeable of radiation protection principles from previous experience performing industrial radiography operations. Personnel stated that gauge user training would be completed prior to the gauge being used.
The inspector also reviewed a selection of additional records available on the job site, including a copy of the licensees Operating & Emergency (O&E) procedures, current leak test results, and Type A package testing documentation.
3.3 Conclusions The inspector had no other findings.
Exit Meeting Summary The NRC inspector presented preliminary inspection findings following the onsite inspection on March 26, 2025. The licensee did not identify any documents or processes reviewed by the inspector as proprietary. The licensee acknowledged the findings presented and demonstrated a commitment to provide effective corrective actions to address the potential for recurrence of similar issues.
LIST OF LICENSEE PERSONNEL CONTACTED OR INTERVIEWED
Gregory Dent Denver Lawrence
Attended exit meeting on March 26, 2025
INSPECTION PROCEDURES USED IP 87139 - Portable Nuclear Gauge Programs