ML19275D059
| ML19275D059 | |
| Person / Time | |
|---|---|
| Issue date: | 02/28/1980 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | AMERICAN X-RAY & INSPECTION, INC. |
| References | |
| NUDOCS 8005080489 | |
| Download: ML19275D059 (5) | |
Text
0 ph UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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AMERICAN X-RAY & INSPECTION, INC.
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By product Materials License 24030 Haggerty Road
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No. 21-15455-01 Farmington Hills, Michigan 48024
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ORDER TO SHOW CAUSE AND ORDER SUSPENDING LICENSE I
American X-Ray and Inspect'or, Incorporated, 24030 Haggerty Road, Farmington Hills, Michigan 48024-(the " Licensee") is the holder of By product Material License No. 21-15455-01 (the " License") issued by Nuclear Regulatory Commission (the " Commission").
This License authorizes the possession of the by product material and its use in the performarce of field radiography under certain conditions specified in the License.
This License, which superseded an earlier License held by the Licensee, was originally issued on August 28, 1973, and has been renewed periodically, the most recent renewal being December 22, 1978.
The present expiration date of the License is December 31, 1983.
II On the basis of contacts with indivi4uals who alleged that unsafe radiation safety protection practices were being followed at the Licensee's Farmington Hills, Michigan office, an investigation was conducted by representatives of the NRC Region III (Glen Ellyn, Illinois) Office between January 9,1980, and January 28, 1980.
As a result of this investigation it was determined that:
1.
Radiographic examinations were conducted in the garage area adjacent to the Licensee's offices in such a manner that if an individual were continually present in unrestricted areas adjacent to the garage, he could have received a dose in excess of 2 millirems in any one hour.
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,, These examinations were conducted during at least one hundred and twenty-seven days over a thirty-month period commencing on February 26, 1977, and ending on July 20, 1979.
In addition, adjacent unrestricted areas were occupied during some of these examinations.
These radiation levels in the unrestricted areas exceeded the permissible levels of 10 CFR 20.105(b).
2.
During the period between February 26, 1977, and July 20, 1979, surveys were not conducted in areas over which the licensee did not have control of access to determine that radiation levels did not exceed the permis-sible levels specified in 10 CFR 20.105(b).
This was contrary to the requirements of 10 CFR 20.201(b) and Section II.B. of the Licensee's Operating and Emergency Procedure No. OEP-1, dated June 1, 1978.
3.
During radiographic operations conducted between February 26, 1977, and July 20, 1979, high radiation areas were produced in areas adjacent to the Licensee's garage.
Access to these high radiation areas was not controlled in accordance with 10 CFR 20.203(c)(2) or 10 CFR 34.41.
4.
On or about October 31, 1979, the Licensee transferred control of Nuclear-Regulatory Commission Materials License No. 21-15455 and licensed material to the Michigan incorporated firm Gorsira X-Ray, Incorporated, 24030 Haggerty Road, Farmington Hills, Michigan, a non-licensee.
The transfers of the license and material were in violation of 10 CFR 30.34(b) and 10 CFR 30.41.
. 5.
'n at least twenty occasions between October 13, 1978, and July 20, 1979, when radiography operations were conducted, the licensee did not maintain utilization logs.
This is contrary to 10 CFR 34.27 and Section I.A.13 of the Licensee's operating procedures.
6.
On at least one occasion in June 1978, and during June and July 1979, the Licensee transported radiographic exposure devices in passenger automo-biles without the exposure devices in the required locked, lead-lined storage box.
This practice was contrary to Section II.A.4 of the Licensee's operating procedures.
III From the foregoing, it is apparent that the Licensee has engaged in a practice of noncompliance with the Commission's regulations and the Licensee own procedures.
Moreover, this noncompliance indicates a careless disregard for the public health, safety, and interes*.
Accordingly, the Director, Office of Inspection and Enforcement, has determined that License No. 21-15455-01 should be revoked.
The Director has also determined that, because of the public health, safety, and interest with this matter, no prior notice as provided in 10 CFR 2.201(c) and 10 CFR 30.61(c) is required to institute this proceeding and, pursuant to 10 CFR 2.202(f), License No. 21-15455-01 shouldbesuspende(.
immediately pending further Order.
IV In view of the foregoing, pursuant to the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR Parts 2, 20, 30, and 34, IT IS HEREBY ORDERED THAT:
. 1.
Effectise immediately, License No. 21-15455-01 is suspended, and accordingly the Licensee shall forthwith cease and desist from any use of by product material in its possession and from any acquisition or receipt of by product material.
2.
The Licensee shall immediately place all by product material in its possession in locked storage and, with respect to such storage, shall comply with the applicable provisions of 10 CFR Part 20, " Standards for Protection Against Radiation", or transfer such material to a person authorized to possess such material, and 3.
The Licensee shall show cause, in the manner hereinafter provided, why License No. 21-15455-01 should not be revoked.
V The Licensee may, within twenty-five days of the date of this Order, file a written answer to this Order under oath or affirmation, the Licensee may also request a hearing within said twenty-five day period.
Any answer filed shall specifically admit or deny each allegation made in Section II, above, and may set forth the matters of fact and law upon which the Licensee relies.
If a hearing is requested, the Commission will issue an order designating the time -
and place of hearing.
Such an answer or request for hearing SHALL NOT STAY THE TEMPORARY EFFECTIVENESS OF THIS ORDER.
Upon failure of the Licensee to file an answer within the time specified, the Director, Office of Inspection and Enforcement, will without further notice, issue an Order revoking License No. 21-15455-01.
. In the event a hearing is held, the issue to be considered at such hearing shall be:
(a) whether the L'icensee was in noncompliance with the Commission's regulations and conditions of License No. 21-15455-01 as specified in Section II above, and; (b) Whether License No. 21-15455-01 should be revoked.
FOR THE NUCLEAR REGULATORY COMMISSION
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.ctor Stello, Jr.,. Director Office of Inspe'ction and Enforcement Dated at Bethesda, Maryland this
/ 's day of February, 1980
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