ML19353A915
| ML19353A915 | |
| Person / Time | |
|---|---|
| Issue date: | 12/06/1989 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Cobban W BASIN TESTING LABORATORY, INC., DBA BASIN SERVICES |
| Shared Package | |
| ML19353A916 | List: |
| References | |
| EA-88-265, NUDOCS 8912080089 | |
| Download: ML19353A915 (2) | |
Text
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DEC 001969 i Docket No. 15000033 General Licensee (10 CFR 150.20) EA 88-265 Basin Testing Laboratory, Inc. dba Basin Services, Inc. ATTN: Mr. William S. Cobban President Post Office Box 1854 Williston, North Dakota 58202-1854 -{ Gentlenen:
SUBJECT:
ORDER Il1 POSING CIVIL MONETARY PENALTY AND ORDER TO SHOW CAUSE WHY LICENSE SHOULD NOT EE SUSPENDED This is in reference to the letter dated Februtry 22, 1989, submitted by Basin Testing Laboratory Inc., in response to the Notice of Violation and Proposed Imposition of Civil Penalty (Notice) sent to you by our letter dated January 19, 1989. Thic is also in reference to an investigation of related matters r conducted by NRC's Office of Investigations (01) and completed in July 1989. Our January 19 letter and Notice described violations of NRC requirements identified as a result of NRC-inspections. These violations involved but were not limited to: (1) Basin's use of an unqualified and unsupervised individual to conduct industrial radiography activities, a violation of 10 CFR 34.44;
- 2) Basin's failure to have inforraed NRC of its work in non-Agreement States from 1985 to 1988, a violation of 10 CFR 150.20; and 3) Basin's having provided NRC inaccurate inforn.ation in its initial responses to NRC's inspection findings, a violation of 10 CFR 30.9.
To emphasize the need for increased and improved management attention to x activities authorized by your general license, so as to ensure your activities and conducted safely and in accordance with the terms of yuur general license, a civil penalty of $5000 was proposed. In your February 22 response, you admitted that the violations occurred. I However, you requested that the civil penalty be mitigated or retracted. After consideration of your February 22 response, we have concluded for the reasons stated in the Appendix attached to the enclosed Order Inposing Civil Monetary Penalty that Basin has provided insufficient justification for retraction or mitigation of the civil penalty. Accordingly, we hereby serve the enclosed Order on Basin Testing Laboratory, Inc., imposing a civil nonetary penalty in the amount of $5,000. We will review the effectiveness of your corrective actions during a subsequent inspection. CERTIFIED MAIL RETURN RECEIPT REQUESTED h 8912080099 891206 PDR STPRQ ESC -Te d
Basin Testing Laboratory, Inc. In further regard to Basin's failure to inform NRC of its activities in NRC jurisdiction, we are enclosing the synopsis from 01 Report No. 4-89-006. Based on this investigation, we have determined, in relation to this violation that thepresidentofBasin"knowinglyandintentionallydisregardedNRCregulations 1 whic1 he admitted he became aware of in June 1988." We have also concluded i that the statement made in Basin's February 22, 1989, response to NRC's Notice, that " Basin was simply ignorant of the requireunt for completing the form 241 prior to conducting activities in non-Agreuent States," was false with respect to activities in non-Agreement States after June 1988. Cased on NRC's February 28, 1989 inspection of the corrective actions taken in response to our Notice, it appears that Basin has acted to bring its activities into compliance with regulatory requirements, including making the proper notification to NRC of its work in non-Agreement States. In addition, because of this inspection, Basin was given permission to resume radiographic activities in states under NRC's jurisdiction by letter dated March 17, 1989. This letter ended Basin's voluntary suspension of its activities within the NRC's jurisdiction as stated in Confirmation of Action Letter (CAL) 88-17, dated October 12, 1988. Nor,etteless, the fact that Basin in June 1988 ignored the advice of North Dakota Department of Health inspectors to notify NRC of its activities performed in states under NRC jurisdiction, and made a statement to the NRC which has been detern.ined to be false, raises significant questions concerning Basin's inte-grity and its intent to comply with NRC regulations in the future. Accordingly, Basin is required to respond within 20 days to the enclosed Order to Show Cause why its general liu nse, authorized pursuant to 10 CFR 150.20, should not be suspended. Basin's rights to contest the issuance of the Order and to request a hearing are explained in Sections V and VI of the Order. In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosures will be placed in the NRC's Public Document Room. Sincerely, t MM 1 Hug L. Thompson, Jr. De y Executive ir or for Nuclear Material Safety, Safeguards, and Operations Support
Enclosures:
As Stated cc: North Dakota Radiation Control Program Director imC Public Document Room .}}