ML19290E915
| ML19290E915 | |
| Person / Time | |
|---|---|
| Site: | 99990003 |
| Issue date: | 10/16/2019 |
| From: | Aaron Mccraw NRC/RGN-III/DNMS/MIB |
| To: | Gabel W Maxwell-Gabel Contracting Co |
| Null K | |
| References | |
| IR 2019005 | |
| Download: ML19290E915 (3) | |
Text
October 16, 2019 Mr. William Gabel, Owner Maxwell-Gabel Contracting Company 750 East Young Street Warrensburg, MO 64093
SUBJECT:
NRC SPECIAL INSPECTION REPORT NO. 99990003/2019005(DNMS) AND NONCITED VIOLATION - MAXWELL-GABEL CONTRACTING COMPANY
Dear Mr. Gabel:
Between February 20, 2019, and September 20, 2019, the U.S. Nuclear Regulatory Commission (NRC) conducted an in-office review of the facts and circumstances surrounding Maxwell-Gabel Contracting Companys (your companys) possession of a Seaman Nuclear Corporation Model C-75 portable moisture/density gauging device (Serial No. 2559), containing a 4.5-millicurie sealed source of radium-226 (Ra-226), at your facility in Warrensburg, Missouri.
Mr. Kevin Null of my staff presented the results of our in-office review to Mr. Jim Wakeman of your company via telephone on September 20, 2019.
During this in-office review, the NRC staff examined activities conducted under a general license related to public health and safety. Additionally, the staff examined your compliance with the Commissions rules and regulations. The in-office review consisted of interviews with personnel and examination of information provided by you or your representative to the NRC.
On February 20, 2019, the NRCs Region III Office was contacted by Mr. Wakeman regarding the device that was discovered at your facility while inventorying equipment and assets for an upcoming auction. Based on followup discussions between Mr. Null and Mr. Wakeman, we determined that your company possessed the gauge since 1977.
Your companys possession and use of this device were originally authorized under a registration with the State of Missouri; however, the Energy Policy Act of 2005 granted jurisdiction to the NRC over certain discrete sources of Ra-226. As a result, anyone in possession of the material was required to apply for and receive an NRC license. As published in the Federal Register on March 18, 2008 (73 FR 14376), the waiver from the requirements for a license for entities in the State of Missouri was terminated on September 30, 2008, and any entities that did not previously hold an NRC license for other regulated radioactive materials were required to submit an application for a license to continue to possess and use Ra-226 no later than September 30, 2009. During our in-office review, we could not find any records to indicate that your company had applied for a license prior to or since September 30, 2009.
Based on the results of our review, the NRC has determined that one Severity Level IV violation of NRC requirements occurred. The violation was evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs website at
W. Gabel 2 http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation concerned the possession of byproduct material without a valid NRC license, as required by Title 10 of the Code of Federal Regulations (CFR) 30.3. The NRC assessed this violation at Severity Level IV (low safety significance) because the device has not been used and has been properly secured in storage since at least 2005, reducing the likelihood of the device ending up in the public domain.
Because you identified the violation by recognizing that the device required a license after discovery of the device and took timely and effective corrective actions by disposing of the device through the manufacturer, and because the violation was neither willful on the part of a licensee employee nor repetitive, this violation is being treated as a Noncited Violation (NCV),
consistent with Section 2.3.2.b. of the Enforcement Policy. You are not required to respond to this letter unless the description herein does not accurately reflect your corrective actions or your position. In that case, or if you contest this action, you should provide your response, with the basis for your denial, to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352.
We understand that you no longer have any intent to continue to possess or use radioactive material; however, please note that, if you intend to resume operations involving the possession and use of radioactive materials, you may be required to obtain an NRC license prior to taking possession of the materials. Should you apply for a license, you may be subjected to a site visit prior to issuance of the license to assist the NRC in determining your intent to use the materials and/or the readiness of your facilities.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure, and any response you choose to provide will be made available electronically for public inspection in the NRCs Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made publicly available without redaction.
Please feel free to contact Mr. Null if you have any questions regarding this correspondence.
Mr. Null can be reached at 630-829-9854.
Sincerely,
/RA/
Aaron T. McCraw, Chief Materials Inspection Branch Division of Nuclear Materials Safety Docket No. 999-90003 License No. 10 CFR 31.9
W. Gabel 3 Letter to William Gabel from Aaron McCraw dated October 16, 2019.
SUBJECT:
NRC SPECIAL INSPECTION REPORT NO. 99990003/2019005(DNMS) AND NONCITED VIOLATION - MAXWELL GABEL CONTRACTING COMPANY DISTRIBUTION w/encl:
Darrell Roberts Jack Giessner David Pelton Christine Lipa Jamnes Cameron Kenneth Lambert Paul Pelke MIB Inspectors Patty Pelke Laura Cender ADAMS Accession Number: ML19290E915 OFFICE RIII-DNMS C RIII-DNMS C RIII-DNMS C NAME KNull:brt RRuiz AMcCraw DATE 10/02/19 10/08/19 10/16/19 OFFICIAL RECORD COPY