ML18043A085
| ML18043A085 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/2018 |
| From: | Peter Habighorst NRC/OIP |
| To: | Fuller M QSA Global |
| Chimood J -- 287 9225 | |
| References | |
| EA-18-017 | |
| Download: ML18043A085 (3) | |
Text
May 21, 2018 EA-18-017 Mr. Michael Fuller Regulatory Compliance Associates QSA Global, Inc.
40 North Avenue Burlington, MA 01803
SUBJECT:
FAILURE TO PROPERLY NOTIFY THE U.S. NUCLEAR REGULATORY COMMISSION IN ADVANCE OF IMPORT SHIPMENT AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Mr. Fuller:
This letter refers to the U.S. Nuclear Regulatory Commissions (NRCs) review of a QSA Global, Inc. (QSA) import of a Category 2 quantity of Selenium-75 (Se-75) from Canada to QSA in Burlington, Massachusetts. Title 10 of the Code of Federal Regulations (10 CFR) Section 110.50I states, in part, that a licensee authorized to export or import radioactive material listed in Appendix P to 10 CFR Part 110 is responsible for notifying the NRC in advance of each shipment.
In accordance with 10 CFR 110.50I(4), import notifications must be received by the NRC at least seven days in advance of each shipment. The results of this review were discussed with you on February 9, 2018, by a member of my staff, Jane Chimood.
On November 29, 2017, QSA submitted an Advanced Shipping Notification (notification),
(Agencywide Documents Access and Management System (ADAMS) Accession No. ML18008A220), for the import of a Category 2 quantity of Se-75 from Canada on November 28, 2017, in a container that was previously intended to be shipped empty. Thus, instead of submitting the notification seven days in advance of the import, as required by 10 CFR 110.50I(4), QSA submitted the notification one day after the shipment departed Canada.
Based on the information exchanged with QSA during our review of this activity, the NRC determined that QSA failed to submit a notification at least seven days in advance of the shipment, as required by 10 CFR 110.50I. QSAs failure to provide timely information did not allow the NRC sufficient time to perform its review, which could have had significant implications for public health and safety or common defense and security.
By a letter dated May 9, 2018, (ADAMS Accession No. ML18130A852), QSA stated that the root cause of this event was human error on the part of the Canadian Customer. The customers long term corrective actions (as mandated by the Canadian Nuclear Safety Commission) are 1) modification of their radiation protection manual with regard to source inventory (to require updating inventory information after - not before - a source is moved from one container to another), and 2) creation and use of a checklist for source exports that includes verification of the container contents. In a follow up letter dated May 15, 2018, (ADAMS Accession No. ML18136A770), QSA stated that, as a corrective action by QSA to help ensure that its
international customers are focused on the U.S. requirement for notification, QSA has added a requirement for its Customer Service and Regulatory personnel to periodically reinforce the requirement to its international customers as part of its correspondence with them.
Based on its review of information concerning the import, the NRC has determined that a violation of NRC requirements occurred. The violation was evaluated in accordance with the NRC Enforcement Policy (Policy) and has been characterized at a Severity Level IV violation, in accordance with the current Enforcement Policy, included on the NRCs Web site http://www.nrc.gov/about-nrc/regulatory/enforcement/enforcement-pol.html.
However, based on the circumstances of this case, I have been authorized, after consultation with the Director, Office of Enforcement, to exercise enforcement discretion and not cite this violation in accordance with Section 3.5 of the Policy because of other relevant circumstances.
Specifically, QSA has done everything possible to enforce the 7 day submission of the notification by its Canadian customer. However, what this Canadian customer did on the shipping date was beyond QSAs control. The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violation and prevent recurrence is already adequately addressed in your email dated May 15, 2018. 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 accordance with 10 CFR 2.390, a copy of this letter, and your response, if you choose to provide one, will be made available electronically for public inspection in the Public Document Room or from the NRCs Agency wide Documents Access and Management System, 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.
Please contact Ms. Jane Chimood at (301) 287-9225 if you have any questions regarding this matter.
Sincerely,
/RA/
Peter J. Habighorst, Chief Export Controls Nonproliferation Branch Office of International Programs cc: J. Priest
SUBJECT:
FAILURE TO PROPERLY NOTIFY THE U.S. NUCLEAR REGULATORY COMMISSION IN ADVANCE OF IMPORT SHIPMENT AND EXERCISE OF ENFORCEMENT DISCRETION: DATED MAY 21, 2018 DISTRIBUTION:
OIP r/f OE r/f DSkeen, OIP PHabighorst, OIP AJones, OIP RFretz, OE FGaskins, RI NFord, RI ADAMS Accession No.: ML18043A085 OFFICE OIP/ECNP OIP/ECNP OE BC:ECNP/OIP NAME JChimood AJones RFretz PHabighorst DATE 2/12/18 2/12/18 5/21/18 5/21/18
Jack Priest, Director Department of Public Health Radiation Control Program Bureau of Environmental Health Schrafft Center, Suite 1M2A 529 Main Street Charlestown, MA 02129 Jack.priest@state.ma.us