ML19156A416
| ML19156A416 | |
| Person / Time | |
|---|---|
| Site: | 03011772 |
| Issue date: | 06/04/2019 |
| From: | Darrell Roberts NRC/RGN-III |
| To: | Reeve W JAN X-ray Services |
| References | |
| EA-19-020 IR 209001 | |
| Download: ML19156A416 (4) | |
See also: IR 07200201/1990001
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION III
2443 WARRENVILLE RD. SUITE 210
LISLE, IL 60532-4352
June 4, 2019
Mr. William Reeve
Radiation Safety Officer
JAN X-Ray Services, Inc.
8550 East Michigan Avenue
P.O. Box 190
Parma, MI 49269
SUBJECT: JAN X-RAY SERVICES, INC. - NOTICE OF VIOLATION; NRC ROUTINE
INSPECTION REPORT NO. 03011772/2019001(DNMS)
Dear Mr. Reeve:
This letter refers to the inspection conducted on January 7 through 10, 2019, at your facility in
Parma, Michigan, and at two temporary job sites in Michigan, with continued in-office review
through March 15, 2019. The purpose of the inspection was to review activities performed
under your U. S. Nuclear Regulatory Commission (NRC) license to ensure they were being
performed in accordance with NRC requirements, including an evaluation of the circumstances
of a recent radiographer audit finding. Details of the inspection were provided in the non-public
version of NRC Inspection Report No. 03011772/2019001(DNMS), issued on April 26, 2019.
During the inspection, the NRC determined that an apparent violation of NRC requirements
occurred. The circumstances surrounding the apparent violation, the significance of the issue,
and the need for lasting and effective corrective action were discussed with you at the
inspection exit meeting on March 29, 2019.
In the letter transmitting the inspection report, we provided you with the opportunity to address
the apparent violation 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 May 2, 2019, you provided a response to the apparent violation.
Based on the information developed during the inspection and the information that you provided
in your response to the inspection report, dated May 2, 2019, the NRC has determined that a
violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation
(Notice)(Enclosure 1)(non-public) and the circumstances surrounding it are described in detail in
the non-public version of the subject inspection report. The violation is of concern to the NRC for
the reasons stated in the Final Determination of Significance (Enclosure 2) (non-public).
Enclosures 1 and 2 contain Sensitive
Unclassified Non-Safeguards Information.
When separated from Enclosures 1 and 2,
this transmittal document is decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
W. Reeve -2-
Therefore, this violation has been categorized in accordance with the NRC Enforcement Policy at
Severity Level III. In accordance with the NRC Enforcement Policy, a base civil penalty in the
amount of $14,500 is considered for a Severity Level III violation.
Because your facility has been the subject of escalated enforcement actions within the last
2 years, the NRC considered whether credit was warranted for Identification and Corrective
Action in accordance with the civil penalty assessment process in Section 2.3.4 of the
Enforcement Policy. Credit was warranted for Identification, because you, as the Radiation
Safety Officer, identified the violation during a semiannual audit of radiographers. In NRC
Inspection Report No. 3011772/2019001(DNMS), the NRC described its understanding of the
corrective actions implemented to correct the violation. In your May 2, 2019, letter you
described the corrective actions taken to correct the violation. These corrective actions are also
documented in Enclosure 2. Based on these corrective actions, the NRC has determined that
Corrective Action credit is warranted.
Therefore, to encourage prompt identification and comprehensive correction of violations, 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 violation constitutes escalated
enforcement action that may subject you to increased inspection effort. The NRC also includes
significant enforcement actions on its Web site at
http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/.
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 Inspection Report
No.03011772/2019001 (DNMS) and your letter dated May 2, 2019. 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 Title 10 of the Code of Federal Regulations (CFR) 2.390 of the NRCs
Rules of Practice, a copy of this letter will be made available electronically for public inspection
in the NRC Public Document Room or in the NRCs Agencywide Documents Access and
Management System (ADAMS), accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html.
However, the enclosures to this letter contain security-related information in accordance with
10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security
vulnerability. Therefore, the material in the enclosures will not be made available electronically
for public inspection in the NRC Public Document Room or in the NRCs ADAMS. If you choose
to respond and security-related information is necessary to provide an acceptable response,
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
W. Reeve -3-
please mark the top of each page of your entire response security-related information -
Withhold under 10 CFR 2.390 and follow the instructions for withholding in 10 CFR 2.390(b)(1).
Sincerely,
/RA by John B. Giessner acting for/
Darrell J. Roberts
Regional Administrator
Docket No. 030-11772
License No. 21-16560-01
Enclosures:
1. Notice of Violation
2. Final Determination of Significance
cc w/o encl: State of Michigan
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFC RIII/EICS RIII/DNMS RIII/DNMS OE RIII/EICS RIII/ORA
NAME Bakhsh AMcCraw DPelton CL JPeralta JCameron DRoberts
for
DATE 5/21/19 5/24/19 5/24/19 6/30/19 6/4/19 6/4/19