ML19161A215
| ML19161A215 | |
| Person / Time | |
|---|---|
| Issue date: | 06/10/2019 |
| From: | James Trapp NRC |
| To: | |
| James M. Trapp | |
| References | |
| EA-19-036 EA-19-036 | |
| Download: ML19161A215 (2) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD.
KING OF PRUSSIA, PA 19406-2713 June 10, 2019 EA-19-036 Juan E. Pérez Monté, M.D.
P.E.T. Nuclear Radiology, Inc.
P.M.B. 322, P.O. Box 7891 Guaynabo, PR 00970-7891
SUBJECT:
P.E.T. NUCLEAR RADIOLOGY, INC. - EXERCISE OF ENFORCEMENT DISCRETION
Dear Dr. Pérez Monté:
During an NRC inspection of P.E.T. Nuclear Radiology, Inc. (P.E.T.) on March 1, 2019, one apparent violation was identified for the failure to notify the NRC when no principal activities had been conducted for a period of 24 months and to begin decommissioning. Specifically, Title 10 of the Code of Federal Regulations 30.36(d)(3) requires licensees to notify the NRC within 60 days when no principal activities have been conducted for a period of 24 months and begin decommissioning. As identified by the NRC inspector, P.E.T. had not conducted principal activities since February 12, 2014. Consequently, the licensee should have notified the NRC by April 12, 2016, that they had not conducted principal activities and then should have begun decommissioning activities.
This violation would normally be assessed at Severity Level IV in accordance with the NRC Enforcement Policy (Section 6.3). However, after consultation with the Director of the NRCs Office of Enforcement and the Regional Administrator of this office, I have been authorized to exercise enforcement discretion in accordance with Section 3.5 of the Enforcement Policy, Violations Involving Special Circumstances, and not issue a violation. Based on discussions between the NRC inspector and yourself, the NRC recognizes that this requirement was unclear to you and, once the NRC staff clarified the requirement, P.E.T. promptly provided corrective actions, as well as complied with requirements for both the transfer of the source and decommissioning to permit release of the site from licensing and further NRC oversight.
Specifically, P.E.T. transferred its licensed material on March 21, 2019, and, with completion of decommissioning activities, in a letter dated March 25, 2019, requested termination of its NRC license. On April 1, 2019, the NRC issued Amendment No. 3, terminating License No. 52-31096-01.
No further action or response is necessary on your part. However, should P.E.T. apply for another NRC license in the future, you may be asked to address the reason for this violation and your actions to prevent reoccurrence.
In accordance with 10 CFR 2.390, a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the NRCs Agency wide Documents Access and Management System (ADAMS), accessible from the NRC Web Site at http://www.nrc.gov/reading-rm/adams.html.
J. Pérez Monté, M.D 2
If you have any questions, you may contact Shawn Seeley of my staff at (610) 337-5102, or via electronic mail at shawn.seeley@nrc.gov.
Thank you for your cooperation.
Sincerely,
/RA/
James M. Trapp, Director Division of Nuclear Materials Safety Region I License No. 52-31096-01 (terminated)
Docket No. 03037045
J. Pérez Monté, M.D.
3
SUBJECT:
P.E.T. NUCLEAR RADIOLOGY, INC. - EXERCISE OF ENFORCEMENT DISCRETION DATED JUNE 10, 2019 DISTRIBUTION w/encl:
OEMAIL J Peralta, OE N Hasan, OE S Woods, OE M Burgess, NMSS Enforcement Coordinators RII, RIII, RIV (M Kowal; J Cameron; M Vasquez)
J Trapp, DNMS, RI R1DNMSMAILRESOURCE J Nick, DNMS, RI D Janda, DNMS, RI S Seeley, DNMS, RI D Screnci, PAO-RI / N Sheehan, PAO-RI M Ford, SAO-RI / J Miller, SAO-RI B Klukan, ORA, RI M McLaughlin, ORA, RI K Heater, ORA, RI S Villar, RI Region I OE Files (with concurrences)
DOCUMENT NAME: S:\\Enf-allg\\Enforcement\\Proposed-Actions\\Region1\\PET Nuclear discretion EA-19-036.docx X
SUNSI Review/
X Non-Sensitive Sensitive X
Publicly Available Non-Publicly Available OFFICE RI/ORA RI/DNMS RI/ORA OE NMSS RI/ DNMS NAME M McLaughlin/
MMM*
J Nguyen for D Janda*
B Klukan/
G Wilson via email M Burgess via email J Trapp/
DATE 05/09/19 05/09/19 05/ /19 5/23/19 5/23/19 06/ 10 /19 OFFICIAL RECORD COPY