ML20006A045

Request for Hearing by Basin Testing Lab.* Forwards Response & Request for Hearing,In Response to NRC 891206 Order to Show Cause Why License Should Not Be Suspended,For Appropriate Action

ML20006A045
Person / Time
Issue date:	01/16/1990
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Cotter B Atomic Safety and Licensing Board Panel
References
CON-#190-9685 SC-CIVP, NUDOCS 9001250127
Download: ML20006A045 (64)

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Paul' Cotter, Jr.

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' Atomic' Safety and Lice i BoardiPanell P

' FROM :-

Samuel J. -Chilk, Secre

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SUBJECT:

REQUESTFORHEARING-BYjBAINTESTING.

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' Attached'is.-a response and request for a hearing filed on P"

behalf-of Basin = Testing-Laboratory, Inc.. including related

~ documentation.

The hearing < request'is filed in response to 1

a Decembers6, 1989

" Order To Show'Cause.Why License Should iNot-Be Suspended,."~ published in the Federal Register at

.54-FR 51272 (December 13,.1989).

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'The. hearing request:is'being referred to you for appropriate action.'in accordance with~10 C.F.R. 2.772 (j ).

.cc:.'CommissionsLegal. Assistants

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Robert E : Harms, Esquire l

Counsel for' Basin Testing Laboratory ASLAP i

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' MEQUEST1FORl_AN ENFORCEMENT:_ HEARING i

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Licensee.(10CFR150.20F oN ',

' : Document)Noi.15000033. General REs-1 L '[ pg r..

EA66-265

Basin Testing Laboratory, Inc.,1dba' Basin; Services. Inc.

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'P.D.' Box.'15654.

'W111iston.fND 56602 l

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. SUBJECT :. Order' Imposing Civil Monetary Penalty and Order E

ito:Show;Cause Why-License Should:Not Se Suspended

. Dated'- December.6, 1989 i

IGentlement N':

licensee,-and wo are hereby

.Dur office. represents'the above' named

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rectuosting.an : enforcement -hearing on 'the.

commission's order

'f imposing'-civil' penalty and order to show cause why the license b

-shou!W not be suspended, which was dated December 6, 1969.

(Thank'you-tor?your consideration.

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cerely,'

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' ROBERT W. HARMS ~

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s Harms :. Law,0f f ices.. Ltd.

!r RWHach Ecc LAssistant General Counsel for Hearings and Enforcement

. Office of the General Counsel

U_.S., Nuclear' Regulatory Commission Washington, D.C.

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. Regional Administrator l

U.S.' Nuclear Regulatory Commission, Region IV H

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. AFFIDAVIT OF MAILING L

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! RE:T Document'No. 15000033 General Licensee (10CFR150.20)

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EA88-265

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b Basin Testing Laboratory, _inc.,

dba Basin Services. Inc.

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P.O.cBox 1585C 3_

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Celeste Hove _'oeing first duly s w o r n.' oeposes and_says that on i'

thei29th-dayfot December, 1989, she served the. request for enforcement

.l hearing.on;the commission's order imposingicivil penalty and order to b

!show' cause 'why license =should not be suspended upon the Director.

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=0ffice-:of Lent'orcement.

-U.S'.

Nuclear RegulatoryLCommission. Assistant:

Generato Counsel for ' Hearings _and Enforcement, and U.S.

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.. Regulatory -Commissioni and Regional Administrator.

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' Regulatory" Commission by-placing a true'and correct copy thereof in an

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. Director.

Office or Enforcement

~U.S.~Nucisar Regulatory Commission

_ ATTN:

Document-Control Desk

' W a s h i n g t o n.~

D.C.

20555 Assistant General Counsel for. Hearings and Enforcement

' Office'of the General, Counsel

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'U.S.

Nuclear Reguaatory Commission Washington.

D.C.

20555 o

Regional Administator U.C.

Nuclear Regulatory Commission, Region IV

}grU 611'Ryan Plaza, Drive..Ste. 1000 Arlington. TX 76011 l

L and depositing the same, with postage prepaid, in the United s

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States mails at Williston, North Dakota.

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Subscribec ano sworn to before me tnis 52 /

day of December. 1969.

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Notary Public 9p[g /f?

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D'ecemberJ29 3 1989

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DocumentzNo.=15000033 Genera 1 Licensee?(10CFR150.20) n

.EA88-285:

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L Bas inD.Testfing Lab' ora tory I nc., dba Basin Services, Inc.

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Box'1854

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ATTN:.Hugh;L., Thompson. Jr.

Gentlesenti' 3

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!Thistf s our response;to the NRC's order imposing civil penalty i

s t androrder ito':s how.cause, dated ~ December.6,

1989, regarding the v

tabove i ntmed -- l i ce ns ee. -

Mr.-

Jia:Leiberman-(301)492-0741-- was kind d

enough, to grant:us'until todayfto respond:to.the. orders.

Also

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,enclosedLis Basin's request for a hearing.

ltw'ouldjalsoilike to-Ladd ' 'an, 'a'dd i tiona l response to the second to last paragraph on page;ifive-of4 ithe appendix as.to-evaluations and conclusions-i attached 1.to thetorder. imposing civi1-monetary penalty.

Basin L d o e s.'

notfa'ppear.to'have had a:radiographeir assistant conducting

-rad.iographic: processes, nor 'does it appear to'have failed to

supervise radiographer assistants as-alleged previously.

The-T,'

' enclosures indicate-that Mr.

Paul-Schoedel, the person referred sto:inithe violations alleged to have occurred in November,

1987, was-in fact airadiographer as the enclosures will demonstrato.

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A's you pointed out-in the accompanying ietter with the

orders,

. Basin' did not. intend to mislead NRC ir its response of February 22, ji989.

Specifically,' Basin acknowledges that it was notified

'by:fthe. North Dakota State Department of Health by letter dated LJuly 19,.

.1988,

.that notice was required to NRC in non-agreement

' states such as Wyoming.

That letter was in fact received; l howe ve r, : 'in'our response of. February 22,

1989, Basin remained

.. i gno rant-.of.

the requirement for completing form 241 prior to y

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.U;S.sNucleariRegulatory Commission l

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' > ; December - 29,^1999-

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! conducting factivities-tu non-agreement' states-in that it-

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!Our. response of-February' 22,

1989, was-certainly 1

overlookedt.thel North Dakota Department of. Health letter of July incorrect, but :that statement was not intentionally - made, nor designed to mis. lead-NRC.

Basin is's small: company and is making-

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every-:stfortito comply with applicable regulations.

.It1has made an >. incorrect' statement,. however, as you' note,

' Basin has'"also i

acted 1 to- - bring its activitiesLinto compliance with. regulatory l requirements.:

It'is providing: NRCLwith notice of'its operations S;'p'-

-difficulties with?the North-Dakota State Department of Health and-l in non-agreement ~ states.=

Furthermore, it has resolved-'its

.is-having11ts local-license, renewed at-the-present time.

. We are anxious'-to work with NRC11n;getting this matter' resolved, but i

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urge ;you-to-review:the-decision-to suspend Basin's license and 1

-impose theis5',000 civil penalty.=

Your-Leonsideration would' be most appreciated,

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Thank you, g,

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-Sincerel'y, M

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' ROBERT W.

HARMS Harms: Law Offices, Ltd.

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' cct1 Regional' Administrator, Region IV

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, UNITED STATES NUCLEAR REGULATORY' COMMISSION a

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DOCKE1 NO. 15000033

' BASINETESTING! LABORATORY.' INC. )

GENERAL LICENSEE (10CFR150.2OO idba) BASIN SERVICES.

INC.,'

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EA88-265 8b WILLISTON. ND:

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m LLICENSEE'S; RESPONSE TO ORDER TO SHOW CAUSE AND ORDER IMPOSING

,['p CIVIL MONETARY PENALTY l

Basin Testing. Laboratory.

-Inc..

dba Basin Services.

Inc.,

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thereby _-makes- 'thec foll'owing response-to NRC imposing-civil

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smonetary -penalty and order to show cause why-license should not

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.be suspended, dated December 6 1969. to wit:

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Basin's use of unqualified and unsupervised individuals to.conouct industrial radiography activities as violation of

'10CFR34.4:-

IBasin initt'aily acknowledged that this violation occurred.

[

however.

.uponL = closer examination ~ Basin. urges that no such-v a

.violationCoccurred.

ihn individual.

Paul Schooset.

allevec to-

iave been

a.

radiographer's assistant performing functions on

~ November 10

-14.-

and November 18 and 19, 1987 at temporary job

. sites in-Wyoming.- was in tact a radiographer.

(See attachment no.

?15-showing Schoedel's qualification and certification as of Apri-li9. 1987.)- The contusion surrounds the designation of level 1-and-level 11-operators.

Mr.

Schotdel was a

level 1

-adiographer, and Basin acknowledged the violation based upon the level 1 designation.

The North Dakota State Department of Health was i nterpreting level I and level 11 as radiographer assistants

_and radiographers, which Basin accepted as a

proper

. interpretation.

However.

Basin has since recogni:ed the

-distinction between radiographer and radiographer assistants and i

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. level 1 1. a n d. l'e v e l 1: operators.

The North Dakota z.

l Department:of' Health initially prepared a' consent agreement based 3

upon'thisualleged;vi$lation also.-

However, on November 30, 1969.

Basin personnetLmet'with the North Dakota Department of' Health, a

r suspension period of Basin's license.

i 11 which; agreed 1tourelease any

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'The. consent' agreement fined Basin which remained -intuot.

See a

1 attachments 2 and13.)

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' 2.--LBasin's failure to have informer NRC of its work in non-n

.. agreement states from 1965 - 1966, a violation of 10CFR150.20:

w In Basin has respon'ded to.this violation previously.

As.we indicatodi previously,' Basin believed (incorrectly) that it had s

properly. complfed with regulations for performing-operations i

=within'thet State offWyoming.

'Sasin is not aware of any statement Lin Wyomingpregulations indicating requirements for notifying NRC.

t xvia. form 241..

However. Wyoming has since changed its procedures now _ c' lear'ly indicating that-NRC rorm 241 is required.

('See I

-attachment ~ no.

4. ) - However.

Basin does acknowledge that it was Jnotified; by letter dated July 19.

1988..

from the North Dakota

- State ~ Department-of Health that NRC should be-notified-when performs.ng. licensed activities in-Wyoming.

(See attacnment no.

5).

Basin'.had already been-in Wyoming with the belief it had properly complied.

3.

Information provided by Basin "was not complete and vu accurate in all material respects in that radiography work had been conducted on September 12, 1988, in Montana, rather than in

' North Dakota:

Basin nas# previcusly responded to this violation and t

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' mplemented procedures.to eliminate believes-i sconfusioniin-remote. areas in bordering states in the future.

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-Basin's request' for.

further consideration-for o

taitigations

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1.

Basin reasserts that'its stolations were unintentional..

fparticulary with-regard to notice of radiographic _ operations in a

other; states..

-Basin did become aware of the requirement for e

n il notifying _ ;NRC.when1 conducting operations in non-agreement states

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0 bylletter dated' July 19.

1966.

At that time. Basin was already L

' t rt Wyoming: :and believed that' it had complied witn all notice h

requirements.

.You will~ note that paragraph I V, page two, or the c

North. Dakota' State / Department of Health letter of July 19, 1988 4

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l a t tachment -. n o.-

5').

does not specify the requirement of a 241 jfiling;

-Quite. frankly. ' Basin received the letter and quite simply; forgot;the letter in preparing its reponses to NRC.

2..

The' penalt,v-of s5.OOO and a suspension of Basin's i

= license ~would put the licensee out of business, or. clearly. affect Ba s in's -

ability to safely conduct licensed activities.

Specifically, Basin is presently operating-in an area of economic g'-

' decline -and: has experienced-a huge drop in its revenues in the l

past.

Basin does not have the resources to pay a

$5,000 fine without liquid.mtion of equipment.

Furthermore, suspension of i

Basin's., license will clearly put Basin out of business.

(See attachment no. 6).

Wherefore.

Basin respectfully requests that the civil 4-

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. penalty:-waived orEcth'erwise mitigatod and/that'its license'not-be

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Dated-thisL.29th' day.of December,-1989.

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ROBERT W. : HARMS -~ ' '

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Paul Sc.hoedelL MNl ~

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NDT CERTIFICATIONS Certifications Exam Scores.

Trng Recertification/Hestriction!

l@thod level here Fraginer (iq5u)

Gen Spec Prac Hrs RT II id2ti/88 Jerry 6 90 92 90

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d EXPERIENCE

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To Conguny NUr Methods and Hinhest Imvel Attaid 3/1/87 iPresent Beein Testing Laboratory, Inc.

RT II EYE EXAMINATIONS EDUCATION AND TRAINING (Highest Public, Advanced.and NDT)

Ete Examined By School location Ihte ineth

% Aimet MQS chicago, IL 2/57 lao are BT I In accordance with the Basin Testing

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Imberatory, Inc. Pncedures and the

?984 Edition of SNT-TC-1A, "All historical information supplied by me to compile this certification COMMENTS:

is true and correct to the best of my knowledge."

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EXAMINEE DATli FATR80G

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has completed - a 40 hour4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br />,-level I formal trmining course in

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course content f ut f s tis the. f armal t

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training recommendations outlined in SNT-TC-1A and MIL-STD-410.

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Test components: furnished to the student l included various castings welds.: and;f orgings.

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has(completed,a; 40 hour4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br />, - l evel - I f ormal training course-in s

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Datet ~ APRIL 9TH;41987 course content fulfills the farmal a

a.s 1 training recommendations outlined. in SNT-TC-1 A and MIL-STD-410.

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Throughout the Llaboratory segment of' this program each student

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-included.' vari ous : casti ngs, ' welds, - and.' f orgi ngs.

The participation l

,and" performance of each student.has been witnessed'and evaluated.-

TheXfinal: course grade is recorded below

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- Minimum passing score 70%

J..D~>Wi11enberg.

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- B&DGE No.

T WFING D&TE J -2. - F' EXAMINER 1 --

GRADE

/8 N

}' }e.

i INSTRUCTIES.

l The following one hundred and twenty five '(125) toestione are sub-aivided 1

into five groups of twenty five (25) gustione each. The groupe represent specific. areaa of required instruction.

2.

Ibitalianaler_It41astanhtras. The underlined guestions are aandatory h

. at least eight additiond questions from each group (50 guestione minimus).

l 3.

Questions for Assistant Radioscanherehtainees All gusetions marked by b

an astertok (*) are mandatory (25 questions).

s L?

k. -

'The time limit for testing is two hours.

5.

Each guestion shall be given equal weight in grading and a score of ~15%

or better le required to pass.

- 6..

. The examiner EER.I. review and dieeues each incorrectly answered guention with the student.

Y OROUP A - FUNDAMENTALS OF RADIATION SAF87Y AND CHARACTERISTICS OF GAMMA RADIATI S -

What three p 1plee t be applied for corS) i et oeure to

. radiation,'

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O22 i

2 Would a sing 1 e ure of 600 r to only one dbefata0 Eld wawr nM A

J% Mrt

/

j Explain.

7

- 3/what would-d. th. prodahl. r..uit of a radiation.xJpo.toth.1h1.dod L

of 6ao,, received at a eint e e.emre, m

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5

'^au;"':"c'"c7"2'~12"'& w " M cl 4-

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= WhatLie: considered the maxie,um useful life of an)i otope camera beforeL resie.1 ra intio.. ues it aan.or...to e, r ~

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s cua,sie

..ooe r..eivea r,o. a 10 c ie cowait 60 so.ro. in ten.autes 4.

st a, oat t.o feet fr ao so

..after the r.aiatio. bas,aesee throu.h n

one EYL of lead 4

1 g

h.

~*/..

If-the~ radiation intensity fro. a source is 10r/hr.at a distance of two feet,.

N EV how'such would-it be the following distances?

j i

m.

four feet bi

. twenty feet g,

r ten feet l c.

one foot b.

0

!8

').7 x 10 DPSdescribes:(chooseone) fEVLfootar' Qcurij 100 microcuries

<9.-

What ie' meant by, ' half-value layer" (MVL) of an absorber for a particular

• kind of radiation?

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What parte of the body are regarded as M sensitive to radiation' exposure?

Yi$

]J Ice AA As agg1' sensitive?

11 Which-of the fomulas shown below is incorrect?

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h D=

Bf 1xDh 6.

a b.

1 3

1 4

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b 112.

.Does the WL thieknees of an absorber vary as the energy level of y'

radiation varies?

'Esplain-4:

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13 What is sne WL thickness of lead for Iridium 192?

[-

IR 192 Inches 00 60 Inches

• 1 14

When an isotope has. gone through,j half lives, what freotion of its i itial strength ie left?

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,25,.

What-is-the. inverse equare law. relating dietance from a radiation source

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to the intensity of radiation?.

b: \\/M * ',- ( t e on

' i; 9

The~ roentgen is consid9 red a rather la[rge amount of radiation, so what subun:-

.1 is used?

fidii-- Rawatern s

17. -

What'is a radioisotope?

3 1

'i 118.

Define the half life of an isotope.. N C UCNS TW

' 78 b V

)

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What is the unit of measurement which expresses the number of disintegration I

per.second which takes place in a given quantity of radioactive satorial and which-is used as a measurement of strength of an isotope?

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What is the unit'of measuremont for the effect of ag type of radiation on man that is the equivalent ~ to the effect of one roentgen of gama 1

' radiation on man?

1 1,<

21.

Is the deow rate of an isotope constant or does it incrosse or doorease with age?:

4 5

v

.. ;22.c What is the unit of asasurement for the ionizing effect of-gama radiation.

.on air?

l 2/ what i.;th. diff.r.no. 6.t.e.n do.e =t. -a do.. wh.n -a.oring radiationt

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'1 2 14.

Te the energy level of radiation emitted by a given isotope a constant 9:

or does it decrease as the curie. strength of the-isotopo decreases?

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._s 25.

what is the type of radiation emitted by radioisotopes that is useful for

' industrial radiography?

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, IMAGE EVALUATION

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1.0 lfM Eu s' lj Hlas I.I [* M l.8 1.25 1.4 1.6 4

150mm 6"

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, MAGE EVALUATION I

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ts i 1.25 i.4 i.6 1

4

' 150mm 4

6" f+4 (4

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, IMAGE EVALUATION.., -.,<

,, 77//,g$'4 7

b#

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!! 9 E E

=

$!E HM l'l E"

1.8 1.25 1.4 1.6 4

4 150mm

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4 6"

dl%z

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IMAGE EVALUATION 4

g N

TEST TARGET (MT-3) 6

+

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[= Na I.8 1.25 1.4 1.6

= =

4 150mm 4

4 6"

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- - - = = -

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s till0VP B - MADIATION unrrsi10N INSTRUIGNTAT1011 u-

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can film badges be; returned to any processor for developing and reading, a

or only to the supplier?

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Will-~ excessive heat affect the accuracy-of a film badge reading?

Explain.

o i

20.1 Why is.-it so important to survey your exposure devices after each ozposure is made?

'To M EV-C uo +

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Sdtte 4E T5 8'r r uft e l

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Oe-) st.t 29 Does a TLD measure dose or dose rate?

O $1

• 30.

- Are'you permitted to use a survey meter which has an altered or no calibration expiration date attaobed to it?

db Why?

OcA aidt urii S 3'.

v a

R t ak4 Evntina au anniM4 T h e_

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. hile performing radiography, your survey meter is found to be broken or badly W

31Y out' of adjustment. What would you do?

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tte^4.t.d... > A A e e.oMt.\\ v c d s' b cL 4 e l M e tb **'*At - m a shs.V Awk.

32.

The regulations require a radiographer to wear a 0 to 200 ar dosimeter.

Does this. preclude his from'vearine a O to 5 R also?

06 see 3'

Why are small aluminum and cerner filters built into film badge holders?

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List' the1 radiation levels indicated on' a survey meter whens g

)

range.switchcset on.1, and; the meter reade j, ar/hr

• b ar/hr' N

range evitch set'on a100, and the meter reado ar/hr Aceo ar/hr 1

range switch set on'ai, and the meter roads ar/hr M5 or r range switch set.on zio, and the meter roads ar/hr AD '

ar 15.

When performing radiography, when must radiation eurvere be made and what' survey results must be recorded 7.

1 5

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' How of ten aust-dosineters be checked for accuracy?

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37.

When must ' survey meters be calibrated?

0V4 'l T L n # 't. fM d l.

'3[What radiation exposure would be expected under the following conditions?

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So-ouries -; Iridium.-192 - 6 inches - one minute (show esloulations)-

f. I %M p = 3Q,(,

9 tm 40:

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• 39.

~ Can film badges be transferred from one user to another?

OO Why?

O f\\ 4 0 h 2 enw twa J

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LO.

Pocket dosimeters are designed to measures 4

gamsa rays and x-rays only gamma rays, z-rays and beta particlee e.

gamma rays, alpha and beta particles d.

alpha and beta particien only L

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-' - - - - ~~- - - - --- -

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h M.,. v.

2 en jph ' M.[ipproximately how mary half-vdue layers are required to make a tenth-lva:ue layert Ao-

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lh2; ' Wat-exposure would be received from a 20 curie Iridium 192 soulroe if you.

j were standing 40 feet away.for 6 minutes with no shieldingt f

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What minimum and maximum ranges are required for a radiation survey meter? _

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hk Why is it so important to wear a fils badge in its proper holder? Omtv r.

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Ca w, t b T-5000\\CR h k A. t o s.e t L.d 4 t*A WN a.

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.What personnel monitoring devices must a radiographer's assistant wear?

Dod tn e ke t d.

Eb R AOor e

av-D

• k6.

Wat radiation health physics instrument must a radiographer have at hand C

while performing radiography?

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'How do survey. meters and pocket dosimeters differ in the way they measure f-radiation? (Bow do the results differ?)

Sefdv me l f r tw m e. s a c

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The d o s.* m e l e t s me a 5 O r.t A v%eo m 4

-(tetf[UP

• L8.

Does a film badge measure dose or dose rate?

D O S f.

'*ho.

-Does a pocket dosimeter measure dose or dose rate? To 4M-TantA%,*ers DEST

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Does a survey meter measure dose or dose rate?

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l ththh! f - RAD 10GRAP CC'i;QUIMGNT - its USP.. INSPECTION AND MAINTENANCL' '

?

' trJtFo!UED BY THE RA.) OCRAPMD -

t_

M Nhy ihauid controlicables ar.1 vuide tubes be protected from STit and

.x

.Ivar.eo frequently?: "To oCLutarJr G t.th M. Aran i.vt 40 %

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'. thai' cran happen if you try to force The: flexible control cable and source l

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t.hr.. ch the guide. tune. wi Lh '.be han.1 crank?.

' hat portion of a crank opet.tsd, termott cos. trol exposure ' device should be H

inspucted mont' frequently to avoid creating a hazardous situation?.

! Underline the proper answer.

ni the locking mechanism vi the camera b.

the control cable crank.6ssembly c.

~the hook-up between the pigtail and the control cable

.i.

the. closure plug used t necure the source in safe position LAll are important If the' daily inspection indt ates your radiographic equipment is unsafe 4.

to une..y,g,g should

' Mt._

r.4 odDpt&th ee_ ttsDbe A L

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4 Why.must a person use a set.** romote handling tongs in an emergency to recover adioennnectedsource?,_,,,,$tcAct Tht" C \\e be n.

veo n.S.y

'4e rb -

"The mo t.t D A o ta 4.'o A veo u.h \\ l' s

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.!hy '..rr Cebo l t 60..aa.er.tv ui ucl....,.v t. thar. Tridjus 192 cameras when both or, ra *:..!

for the aar e curii

.<pa.ci.<?,,' O.'a f A 60 NW ',

ts.

. Lor.}*-

003 bft k*

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,-lnn; Lhe position of a source, i.e., fully czposed or fully retracted, M4 a

kj iv Accurately-Jetermineo by eounting the number of hand orank revolutione't wgy?

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Yocr siCnature on the daily inspectbn report indicates what?

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What is the isotope-used in a Tech-0ps Model h66 ' camera and the maximum y

allowable strength of the source it can contain?

9

~

t-For a 30-ainuto exposure in a restricted area, your 'CAIPf!W - RADIATION AREA" sign sould be placed where your survey meter reads al ar/hr.

. 6 l '. - -What information sust be attached to each leak test samplef l

p t

y' 6.

The' daily inspection of's radiographic camera reveals a crack in the outside shell. Can this be repaired (by welding) in the field? Yes No

/

'N.

If aLleak test of a gamma ray source-shows excessive leakage, what must be done?

I

^ ',,1 Describe the piocedure you would follow if your a should come uncoupled from the drive cable while in the exposed position

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. flow would: you' collect' a ieak. est sample from a radiographic sealed source?

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How of tmimust a sealed s'ource be leak tested?

mt is' the maximum allowab1'e removable activity?

Your-eurvey of your Iridium 192 camera is no where near the reading you have

~

been y;etting (it is approxtreately 50% hisher). Thte can be onused byt

. a.

Iaproper survey meter operation?

b.

Cracked camera shielding?

c.-

Improperly secured sourct*?

Another nource in the arca?

6e. All-of the.above?

~

Pick an exposure device and outline the inspection procedure that you would follow before you assembled the exposure device for use. RrW\\oot Tkt..AtA hd L

cw b \\ed Bev

$ Cead c,en4ee\\ nnaam s'en dvL d han.A mm1, f

k "M a bd\\'

s eetso m medo lae.K h/

Emmaoe u4dvnim (a.em s v ennvu c4 *an apear. male)),.3 [e_ow 4cro of o n14j Ylej e.

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Sem JA ed aoidt 4o Be w1dx C naA u si4(en l'em _s-+

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,l t.8 A' Tech-Ops Model 533 exposure aevice has a capacity of 100 euries of Iridium in l

' Could.you use this same camera for 10 curies of Cobalt 607 ji L

l 1 Explain.

-i.

\\lhnt-in the reason for the lesik teet? "IIS t-licI h I en C,'.u j

%our l

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t. '.Sht<is the maximum strength of the source of Iridium 1% peu are allowed 4

' vi use in u Automation Induntries' Model Sao exposure a.vioet 4

1 I

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Wat is a, collimatort e

t r.

Vhy are exposure devices 'which are made of depleted urenium lighter than 9i those of: lead?

w What is Lthe ' maximum allowable does rate att six inches free the exterior surfac-is of an exposure device' that measures lee's than k inches from'the. sealed source

-[

7 M ewa /w r storage position to an exterior surface of the devioet

-r 75.

If.a radiographic exposure device measures-5 inches from the sealed source i

o.

w storage. position to the exterior surface of the devloe, what is the maximum L

. allowable dose rate at the M rlace?

(

DO %

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4,.. f*i c {',] gg l

. r i1 it0UP D- _INE REUIREL"TS OP N.R.C. REULATIm*

' hi.

' Are:you required to post thC ntorage compartment of the transporting

' vehicle-if the surface readiv is l' ar/hrt uyA 1

u-

~

'il / Dofine a radiographer.

hv hth Nidv0. I e b EP14I*e.m 'ot Vha. + n sA4 m h aw.lt. aA ' +h1. s W t, idte.t. h 5 en 41 < suasv

• L-Seoe.t.t.' ;

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i8 Should you conduct a p to ruit you to post the Eigh Radiation Ares. correctly? - d hysical surve Tk 9000

" if A 40 eeanete5 % %.Y tWPc500.t.-

e

• /?.

' What are the. locking requirements for radiographic exposure devices? T~o

% v i v t.v atsv w A TLt tsoesutt. dt.v e't.t.

d To rrM Et.

S o t.t

.T4-t$

d.e 4e m 4d. tNh* Tbt_. 6M N.Td.

To55 *'*A c,

For Storage Containers?

OKAM2 Dea 9M_ gd 'We L tA Ca_4t.

C4A M A b I

dO/ Can you ueg a "CAUTICN - RADIDACTIVE MATERIAL" sign to poet a high radiation L-

' arest vb EXPLAIN _ M a Ao&4 n_m_A fa o Hen-Q ad Macr /L J

CL@ th L

-31 Make a rough sketch of the radiation symbol used on caution signs and indicate

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' the colcre which rmist be used for the symbol and its background.

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Pillin-the masiana allowable exposure of individuals to radiation in rastricted arose._ (resspeticalendarguarter)

9..

wholeibody,i head A trur.k: _ active blood-3.;

feming organs; -lene of eyes, er gonads

-l E 4.t A

- i <.

hands and foreams; fee L and ankles-

' i

/515 R m 1

skin of 'whole--body 7,W Ez.m 4

l'hei formula 5(N-18)

' total expoeste to date gives what? UncKt1 outk AE m wtM S\\t. gr.omol4d last (bd dcoud t

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A.

- h'ame two types of personnel monitoring equipment reguired by N.R.C. Regulations

~

O k d @ N M t b (L n M $ k 6 c4 d t ti5 What is an agreement state?.

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No individual under -18 years of age may receive a radiation does in excess of E

W of 1.25 reas per calendar guarter.

i

'87..

What is the minimum age limiL for a radiographer or radiographer's assistant?-

! b l:

• BB.;

What:is' your responsibility as a worker (employee) as outlined in Fom N.R.C.-3

" Notice to Baployees"7 "T'o wott

(.tcre N'Aa 4o Tke L. w 4

o, u a c LIC u de/s ha-

%eit04 mw c o cot V ej.5

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i 39.-

'Is a dose of one roent6en de to x-or gamma radiation considered to be the saa an-a dose of one rem?'

Why?

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Netklatione covering eurveys-are-found in Paragraph,00. J01 of Part 20:

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of : the. R.R.C. Regulations, 7! tie.10.

3 i '.

1khere can the phone numbers of the N.B.C. regional offices be foundt Give: two locations.

a m'

~^ '

If, special forms are maintained, a radiographer may receive a radiation does toi the whole body of rem per calendar quarter.

.i[Unless'special records are maintained, a radiographer is not mitted L to 4

- receive a' radiation' dose to-the whole body in excess of #A rom per calendar quarter.

).

4 'f4.

Define a High Radiation Area.

h.

Define'a Radiation Area, h t. e4 h@vn 20.p1DSb)3)

~

l@ CIE dD H.-. Are.the N.R.C. regulations pemanent or are they changed periodically?

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l'i.

Any radiographic area to which access is controlled by the licensee is called a L

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115.

. Regulations covering licenses for radiography and. radiation safety requiremente for radiographic operations are set forth in Part of N.R.C. Title 10.

4 The standards for protectior: cinst radiation are set for h in Part AD

.of N.R.C. Title 10.

L l

1. '..

No person can act as a radiorrapher under the N.R.C. license until he has received copies of and instri..:tions in the regulations covered in N.h.C.

TitJe 10,.Part Part Part Part y

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. ;QiOUP g. eine HISTORIES OF HADIOGRAFRY ACCIDEIPPS AND EMERGENCY PROCEDURES l

lu i 0ib L on a Radiation' Report, are-the exposure device serial' number and' the sourw

- serial number the same?

Brplain.

l i

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- 1.C.

What portion of the radiation report sust you complete before you make any exposures?

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133 A review-of the case histories of radiographic accidents would seem to indicatt that:the primary cause of these accidents is Stuh t L 'J e Ac e # t.V

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- *10k.. What would you do if you have a wrook with a truck carrying an exposure device

' ' loaded with a souroe?

T'e % e T'ht e ( h ip e a e. v manam(

w x

T6 - tex r L Yt.ced

• ':aS.

What would.you do if you checked your pocket dosimeter and found it had gone off-scale?

%in n w e e v' c en 4 e 4-M6 ncan

-rn <A ert,

o Mv h t m e b e t.

m A te ute 24s w o rz G o a

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8 ;;.8 i

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.Juppore someone ignores' your sjetne and barriers and insists on entering D.o re.diatton area. What meae:res'would you take7 t th Y c n 4%t, mo 9.tt

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a a a t' n o n 4i t -

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' ' '. All-physical surveys are import 4nt, but for different reasons. Give the primsry i

reason for. perfoming the following survey.

a.

. Finn 1-survey of the day M ' AM

%0M NO6Ct t?

b$

f 94LAet M E

3.

-Aft.,.aow.a,osure To ex-50n.s 4'.t seutcs es M Tescuth hWA i

1t"!.

Can a radiographer's assistant keep the job site under surveillance or is a

. radiographer required to do.this?

ue$

I I tr.).

When working at a customer's plant, what steps must you take to advise oustomer personnel that you are working?

• 1 1 5.- What radiation dose rate is allowed at the outside of a truck used to transport a radioactive source?

A m 4. / Pet. ha.

At the driver's location i

A *mt -

it.

What is the radiation intensity emitted from on curie of Cobalt 60 at a l

distance of one foot?

14.t100 mLYtt i

b.

What is the radiation intensity emit ed from one curie of Iridium 192 ct o

L a distance of one footi MS

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Enuld a survey of-the rear of a radiographic camera be a guarantee the source

" i-vt.s safety shielde0t 4

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You barricade 'a-temporary radiographic area and the dose rate asasured at the h6ericade 'is 2 ar/hr.

Now a gy signs r.ust you use to post the p %

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vnere muut they be placedt Ens./

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What words are on the sign?

How do you restrict and cont. n1 access to a cross-country pipeline radiographic arent _.

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position?

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than crons-country pipeline inepection)? Matte. s'L4L ht aan M J me_ h '

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IIVList three documents that the company aunt make available to each radiographer.

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hat is the requirement' for curveillanoe of a radiographie egeure device when

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On what two forme must a radiographer record his pocket dosimeter readings?

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. NORTH DAKOTA :

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h"i STATE DEPARTMENT OF HEAL'IH.

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AND CONSOLIDATED LABORATORIES ENVIRONMENTAL HEALTH SECTION 1300 Missouri Avenue -

P.o. ses 0480 e

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Blomarok, North Dakota $4602 6630 1

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E 1 RELEASE OF-PORTION OF CONSENT AGREEMENT

]

'd The State Department' of. Health and Consolidated Laboratories j (,

hereby releases paragraph XV--(D) -of the Consent Agreement issued.

to Basin Testing: Laboratories, Inc., Williston, ND,-executed on 4-

June 12, 19 89. -' Said-~ action was filed in' Williams County District Court under Civil No. 19836 dated June 22, 1989.

The release of j

[i portion of, Consent Agreement-becomes effective at 1,P.M. on y

j; December - 7, 1989.

Paragraph-XV (D) states as follows:

N.

7, That1 Basin Testing agrees to a thirty (30)-day suspension of p

' Radioactive Material License-No. 33-16105-02 beginning at-L 5:00 o' clock p.'s. on December - 1, 198 9.

If Basin Testing m

J operat'es during'that' suspension period, their license can be -

revoked..

L Dated this 7th day of December, 1989.

STATE DEPARTMENT OF HEALTH AND CONSOLIDATED LABORATORIES 5+

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' Dana K. Mount Director Environmental Engineering ATTACHMENT NO. 2

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STATE OF NORTH DhKOTA IN DISTRICT' COURT COUNTY 0FlWILLIAng-

' NORTHWEST JUDICIAL DISTRICT

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state'of' North Dakota,.

)

State Department of Health and

)-

Consolidated: Laboratories, -

,)I Civil Action No.

Plaintiff,

)

CONSENT AGREEMEET

)

vs.

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)

Basin Testing. Laboratories, Inc., )

1 P.O. Box 11854,.

)

Williston, ND' 58802-1854,

)

.WilliamL Cobban, ~ President,.

)

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l Defendant.

)

~ PRELIMINARY STATEMENT

'WHEREAS, ; Plaintiff, State of North 1 Dakota, State Department i

of Health and-Consolidated' Laboratories (hereinafter Department),

~

notified. Defendant, Basin Testing Laboratories, Inc., of-U u

i Plaintiff s intention to institute an action in District Court H

against the Defendant.for violations of Chapter 23-20.1, Ionizing L

-Radiationc Development,. of 'the North Dakota Century Code (NDCC),

and violations of Article 33-10, Radiological Health Rules, of the North; Dakota Administrative Cod (NDAC), and; WHEREAS, Plaintiff and Defendant desire to settle this matter through contemporaneous filing of a complaint, together with. a fully-executed consent Agreement

'THEREFORE, Plaintiff, State Department of Health and Consolidated Laboratories, and Defendant, Basin Testing

' Laboratories, Inc., do hereby mutually agree to be bound by the terms and' conditions of this Consent Agreement.

1 ATTACHMENT NO. 3

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'8TIPULATION

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It is stipulated and agreed to between t59 parties as followss:

I.

l That Defendant accepts service of the-Complaint filed with the Courti together with. the Consent Agreement in this action.

r II.

That Defendant admits to al1< of the jurisdictional allegations of.'the Complaint.

L III.

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That Basin' Testing Laboratories, Inc. (hereinafter Basin Testing). is licensed by the Department to transfer, receive, o"

' possess,' and use radioactive material pursuant to Chapter 23-I p

20.1, NDCC, and Article 33-10, NDAC.

Basin Testing was issued l

Radioactive Material License No. 33-16105-02 on January 3,

'1985.

Such license was amended by the North Dakota State Department of Health on March 6, 1986, and April 29,.1987.

Basin Testing is: located on. Highway 2 and 85 North, Williston, North Dakota.

L F

IV.

That NDAC Section $33-10-05-05(1)(3) and (4) states in part:

l; 33-10-05-05.

Personal radiation safety requirements L

for radiographers and radiographers' assistants.

p 1.

Training and testing.

a.

The licensee or registrant shall not permit any individual to act as a radiographer until such individuals (1) Has been instructed in the subjects outlined in Appendix A of this chapter;

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~(2)E Mas received copies of andlinstruction in

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department requirements contained in this' 3C chapter and in the' applicable. sections of chapters. 33-10-04-and.33-10-10, department:

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6' license under which the radiographer will a

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perform radiography,. and the licensee's

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operating:and emergency proceduress I?

_ (3) Ras demonstrated competence' to: use the, licensee's radiographic _ exposure devices, sealed sources, related handling tools, and survey instruments; and

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a (4) Has demonstrated-understanding of-the instructions. in this paragraph ' by; successful -

completion of a written. test and a field examination on the subjects covered.

EL

' b.

The licensee' or ' registrant shall' not permit any individual to act as~ a radiographer's assistant

.until such individual:

-(1) Has received copies of and instruction in the u

licensee's operating and-emergency procedures; i

h (2) Has demonstrated competence to usei under the

?

personal supervision of the. radiographer, the radiographic exposure: devices, sealed sources,.

g' related handling tools,Jand radiation survey instruments that the assistant will user and

.(3) 'Has' demonstrated understanding of. the J

instructions 'in this : paragraph by successfully 1st

. completing. a written or oral test and a field examination on the subjects covered.

e 3.

Personnel monitoring control.

a.

No licensee or registrant shall permit any individual to act as a radiographer or as a radiographer's assistant unless, at all times during K

radiographic operations, each such individual shall wear a. direct-reading pocket dosimeter and either film badge or a thermoluminescent dosimeter badge.

Pocket dosimeters shall have a range from zero to at least two hundred milliroentgens and shall be n

L recharged daily or at the start of each shift.

Each 1

m badge and thermoluminescent dosimeter shall be l

assigned to and worn by only one individual.

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b.

Pocket dosimeters shall be read and exposures f

recorded daily.

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Pocketidosime'ters shall be Lchecked at periods not to c

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exceed:one1 year for correct response to radiation.

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- Acceptable dosimeters shall read within plus 'or 1

minus-thirty percent of.the true radiation exposure.

d. ? An-individual's : film badge or thermoluminescent

. dosimeter shall be immediately processed if a pocket g

' dosimeter is discharged beyond its range.

e.

-Reports' received from the-badge or thermoluminescent dosimeter processor and records of-pocket dosimeter readings l shall. be maintained for -inspection by the department.

4.> Supervision of radiographers' assistants.

Whenever a radiographer's assistant uses-radiographic. exposure devices,tuses sealed sources or related source handling-tools,' or' conducts radiation surveys required by E

subsection 3 of section 33-10-05-06 to determine that the' sealed' source has returned to'the shielded position after an exposure, the assistant shall be under the personal-supervision of a radiographer.

The personal supervision shall include:

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a.

The radiographer's personal presence at the site where the sealed sources are.being used.

b.

'The ability of the radiographer to give immediate assistance.if required.

c.

The radiographer's watching the assistant's performance of the operations referred to in this section.

V.

l, That NDAC $33-10-04-05 NDAC states in part 3;

L 33-10-04-05.

Records, reports, and notification.

l c

1.

Records of surveys, radiation monitoring, and disposal.

l a.

Each licensee or registrant shall maintain records L

showing the radiation exposures of all individuals for whom personnel. monitoring is required under i

subsection 2 of section 33-10-04-03.

Such records shall be kept on Department Form RAD 683, in accordance with the instructions contained in that form, or on-clear and legible records containing all the information required by Department Form RAD a

683.

The doses entered on the forms or records shall be for periods of time not exceeding one y

calendar quarter.

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e VI.

That NDAC $33-10-05-06(2) Precautionary procedures in radio-R.

graphicLoperations states > in parts j

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33-10-05-06.

Precautionary procedures in radiographic I

L operations.

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2.

Posting. ;Notwithstanding any' provisions in subdivision

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c of subsection 4 of section.33-10-04-03, areas in which radiography is being performed shall be-conspicuously-posted'as required by. paragraph 1 of subdivision c of subsection 3 of section 33-10-04-03 and subdivision b of r

Laubsection 3 of section 33-10-04-03.

E VII.

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That Condition 12 of amended License No. 33-16105-02 states LL as follows:

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12.-Licensed material shall be used by, or under the-

- supervision?of and in the physical presence of, Carter Bohn,. Ken' Kain, Jerry Thompson,7 and individuals who have l

completed a ~ Department. or NRC approved training program.

The licensee shall maintain records of individuals designated as users.

VIII.

That-Condition' 16 of amended License No. 33-16105-02 states as'follows:

16. Except as specifically provided otherwise by this license, the licensee shall possess and use licensed J

material described in Items 6, 7, and 8 of this license in accordance with statements, representations, and procedures contained in applications and letters dated l

-November 15, 1984, December 21, 1984, January 24, 1986, February 24, 1986, and March 12, 1987.

l-IX.

That the Department received information regarding this Notice of Violation on the following days:

June 16, 1988, June 20,- 1988, June 2 3-24, 19 88, June 2 8-29, 19 8 8, and July 7, 1988.

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', * 'r [This? Notice of' Violation is based on information: documented in

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, memoranda, dated' June 16,: 1988, June 23,1988, June 24,1988, June 1 3 0',: 1 9 8 8',1 July-7,1988, and a' letter received June 20, 1988.

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That? based on information received by the Dcpartment, Basin i

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. Testing lhas :not used proper posting of radiation area-sigr18, while A # )3 15-v

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conducting radi'ographic operations as required and referenced in f

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garagraphsVIandVIII.

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That further, based on information received-by the Department,. Basin Testing l has allowed a Level I radiographer to 1

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\\..workias-a Level II radiographer.

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XII.

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That based on-information a'vailable to the Department, Basin

.Teeting,had used' Level I radiographers without the supervision of Level. II radiographers as referenced and required in paragraphs

.IV,-VII, and'.VIII.

XIII.

That any violation of the Radioactive Material License No.

33-16105-02, is also a violation of Chapter 23-20.1, Ionizing Radiation Development of the North Dakota Century Code (NDCC) and Article.33-10, Radiological Health Rules, of the North Dakota Administrative Code (NDAC).

.r.

That on the 5th day of August, 1988, Basin Testing was served with a Notice of Violation issued by the Department regarding the above-referenced alleged violations.

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That' the Plaintiff 'and Defendant desire to settle :this'

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' matter on'the following terms:

A '.

Basin Testingishall be levied a civil penalty in the

. amount of Two Thousand Dollars-._($2,000.00) for j

a violations ' listed'in the Complaint and admitted to-

'l

-herein._ That = Four Hundred Dollars ($400.00) of the o' g 1

- amount-shall be.due:andspayable to the State of North 0

Dakota immediately upon the entry of Judgment herein.-

The remaining One. Thousand Six Hundred Dollars

($1,600.00) sh'all-be suspended and ultimately dismissed

{

i upon the_following terms:

JB.

That Six'Hundred Dollars ($600.00) will be suspended and ultimately dismissed if Basin Testing furnishes the Department with all required documentation - to correct I

the name of the designated Radiation Safety Officer, updates-all operations and emergency procedures, and provides, appropriate training records and certificates

.to certify'that the currently designed Radiation Safety r

Officer has received at least forty hours of Radiation Safety Of ficer training at a-Nuclear Regulatory Commission or other agreement state approved course for 4.

review by the Department by April 15, 1989.

C.

One Thousand Dollars ($1,000.00) shall be suspended and

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ultimately dismissed if Basin Testing maintains compliance with all Ionizing Radiation Develophant statutory and Radiological Health regulatory 7

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.f cntry of' Judgment ~h3r31n.

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- That. Basin! Testing: agrees to a' thirty (30) day i

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' suspension of. Radioactive Material. License No.. 33-16105-m Cw

~ 02L beginning at 5:00 o' clock p.m. - on: December' 1, 1989.-

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-If Basin. Testing operates'during that suspension period, l

l their license can be revoked-s,

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The State of North Dakota, State Department of Health

and consolidated ~ Laboratories, in consideration of' a

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' Defendant' entering into this Consent, Agreement, hereby releases Defendant from all further liability under

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Chapter 23-20.1, NDCC, for any violations which may have occurred, or are' alleged to have occurred prior to the

-signing of this Consent Agreement.

L.

F..

'That. Defendant agrees to the entry of Judgment' against b

it in accordance.with the terms contained herein.

IN WITNESS WHEREOF, the parties have set their hands.

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' PLAINTIFF:

DEFENDANT:

. State of North Dakota Basin Testing Laboratories. Inc.

State-Department-of Health.

'.-' cand' consolidated.Labocatories ~

~By:

M By:

L W1111aqVJ. Delmore Its Agent William 5. Cobban Assistant Attorney General

'f Date:

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Dienien af Heela and MedeelSerma i

4 MATHAWAY SUEDING -

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CHEYENNE.WYOMMS 83003 0710

July'21. 1989 (307).777-7956

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. Basin:Testina Laboratory Inc.

P. O.' Box 1854 i

e iWilliston ;ND 58401 i

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' Atto: William S. Cobban n

i RE: CERTIFICATR OF-REGISTRATI0s #NR-00-3306'R, Effective Dete: 8-1-89

+ w Empiration Date: 8-1-91

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~Deat Mr. Cobban <

N your(Wyoming-resistration for the use of radioactive asterials, in accor-Weiwish to acknowledge the receipt'of your leeter requesting renewal of

' dance lwith W.8. 35-4-301 3 s3g..

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This registration shall remain in effect for 24 months, or until such. time as..your activities'have changed.- We ask that you notify this office of any changes.in' federal or state licensing, administrative personnel.for-radiation purposes, and/or use of radioactive asterials, so that we can t

a y keep your registration current.

A' timely. renewal request is the reepon-L sibility'of.the' registrant.-

K Wyoming is a nonagreement state with the U.S. Nuclear Regulatory.

Commission (NRC). ' Therefore, this Certificate of Registration is not a D

license to'use radioactive'asterials and does not exempt the holder of said certificate from performing NRC or other federal and agreement state notifications. As an example, one of the. functions lacking for a nonagreement state..is that we have no means for reciprocation of lican-ses.. Therefore, prior to your. anticipated use of radioactive materials in

. Wyoming, you will need to forward a copy of your NRC Form 241 to this

' office. This:is for your inforestion.

This letter. will serve as a "Certifieste of Registration". Thank you for your cooperation and interest in good radiological health practices. We look forward to working with you.

Authorised b,

e J ius E. Haes, Jr., MPH Director of' Radiological Health Services JEH/b1 ATTACHMFNT N 2

wa.

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!G h@"a STATE DEPARTMENT OF HEALTH -

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e.:< _ NORTH _ DAKOTA!

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. AND CONSOUDATED LABORATORIES 4 L

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a, i-Sismarsh, North Delsta 30006 ~

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ENVIRONMENTAL HEALTH stcDON lh CL L

lJOly'19,1988-E**96so' "

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Basin Testing Laboratory, Inc. : '

Nighway'. 2 s= 85 North

. P.O. Bon 18 54-

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-Williston, ND158802-1854-t j#

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'At' ten tion William 8. = Cobban, President 1~

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Res Inspection of Radioactive Material y

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' ' License;No.. 33-16105-02 y~

V LadiesEand Gentlemen:~

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- Thi's [ letter relates. to an inspectionL of -~the> activities at Basin Testing Labora tory,. Inc.,

which are authorised. by the above-;

4 1

referencodi radioactive material license.

This-inspection was 3

L

performed oni JuneL 28 and: 29, 1988,. by Terry Lindsey and-Jeffrey Burgess of.this. Department.

I't. appears certain. activities were not conducted in' fullL compli-c

,E

ance with the North Dakota. RadiologicalJHealth Rules. - The : items L

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. o, apparent: noncompliance and references to : pertinent require-ments are enumerated as follows:-

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The' radiation'safetyfof ficer indicated in condition 12 of the above-referenced licenses is. no. longer.

employed by -the l licensee.-

This' is contrary to Condition 12 and the license-needs; to. be amended to' reflect an. appropriate radiation

s safety officer.

.It should be noted-that this is a

reoccurring item of noncompliance, as cited in a Notice of Violation dated April.29, 1987.

2.

Basin Testing Laboratory, Inc. has changed its corporate name to

Basin Se rvices: without. notifying this Department and requesting an amendment to the license.

This is contrary to Item 1 and condition 16 of the above-referenced radioactive material license.

Recommendations 1 ~.. It appears that Basin Testing is using the diamond-shaped radioactive placard on their vehicles improperly.

If the dose rate on the surface of the storage container in the truck is less than 50 mR/ hour and is less than 1 mR/ hour at 3 feet, a Radioactive II label can be used on the container, as was' the case during our inspection.

Vehicles carrying only White I or Yellow II label packages or storage containers do not require placards.

A ATTACHMENT NO. 5 m

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9;%Fct; portablectridium-192 Jcameras with new sources, ti.

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. rate at the1suriace: usually exceeds-50 mR/ hour.. Therets 1/l

the camera will require.the. Radioactive 111 label'wtyile beii, As the source decays, (chipped it.-noiouter container is used.,

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the dose. rateL at the surf ace, will eventually. drop below-50 I!,

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, CR/hou,r and.a Radioactive (1-1.abel would be acceptable., pack If a et, the; storage device in the' truck-is greater than 50 mR/ hour 7

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Lond: more than 1 mR/ hour-at 3 f eet, the vehicle in whien it is t,

carried is required to be placarded on all four sides of the S Lvehicle.

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During--the inspection it was noted that radiation area signs R2.c 3 tere; permanently-mounted on the front of the vehicle.

This

$/p isL en incorrect. application of-this sign. -The radiation area y

in h.7n 41gn is to be used_in an area, accessible to individuals, W

k" which - there exists radiation at such levels that a' major in any 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> a dose in T, f portion: of the. body would recei_ve:encessL of! 5 millirems, or in any 5. con Lo

in. excess of.-100 millirems.-

This sign should not be posted chen J auch ; exposure-rates are not present.

Perhaps' a cone ql,' Acimilar to the '. type used in ' highway construction, with'a V"

radiation- : area = sign-af fixed or use of a regular sign,

' Cautions' Radiation-Area," mounted on a base would be f..'ouitable..

Additionally, whenever working in populated or f fixed : sites areas, where -visual control of the radiation area lis ' unmanageable, radiation-area should be roped off' to B

'controlfaccess.

I

.Only e placards - (when required). should - be placed on transport

. Radioactive White I, or Radioactive-Yellow II, or

vehicles.-

= Radioactive Yellow III

labels, as appropriate, should be containers or devices containing. radioactive 4placed1 on?

material.

Radiation warning signs are separately displayed r

4

in!w'orking areas to indicate the hazard area.

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The DCA 'Model 909 dosimeter charger produces very po

? lighting; of.the dosimeter. and should be cleaned repaired to properly operate.

Wtion. performing licensed activities outside of this St

.4.

nonagreement

states, such as

Montana, Wyoming, or Nuclear Regulatory Commission the-.U.S.

.- Dakota,

The-address. is 611 Ryan Plaza Drive, Su W

notified.

817-860-8100.

If yr Arlington, TX -76011, telephone

lalready, you should notify the NRC insediate' v

' current activities in Wyoming.

Thio ~ letter gives you. the opportunity to advise u

~ concerning the above.

In par of Myour. position any corrective steps you have tal inform us of to the above-mentioned itemr

> take: with respect compliance and the date all corrective acti' to ur completed.

Your reply should be sent 1

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• , days of thei datel ot:this11etter to assure prompt l attention < in our:-

P <further evaluation.of this matter.-

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.sasedc onf eeparate? andH additional information. made-' avdilable to!

.i Lthis Department,J you: will be raceiving a ' Notice of. Violationin-7[

' a: Leoparate' letter _ and. youy. will be given the~ opportunity to

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respond.,.-

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incerely,

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! Dana K."Nounth P.E..

Director,l Division of.

7 Environnental~ Engineering

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BASIN SERVICES, INC Y

GROWTH 1983-1989 1983 1984 1985**

1986 1987***

1988 r

______________________________________________________________________1989 1

JANUARYi I

2500-

~5367 l

3691 l 13292 l 9918 e p__________q.__________;________l________l s

3 FEBRUARY l'

l 3600 l

7640 l

838 l I

2448 t

________;_'_______;________! _______;_'___.7624 MARCH l

l l'

9500 l

17785 l 7625 l 14650 1916

.________;:_______2 p

H APRIL.

-l l.12250

!. '18697 l

~7360 l 56738 2933

__________l___________ ________;________ ________;________;_________;l ______2

, MAYJ START-c__________l___________l________! 38500-________;________;________l____

l 14092 j' 12788 37009 3

JUNE'-

l l 11000 l

16418 j 23830 31165 l 28142

__________;___________ ________ ________ ________ -_______;l

_________;_________. 3

_ JULY l

l 6500 l

26325 l 10552 !.

46525 l 19239 s

C AUGUST.

l l

l 9000 l

24806 l' 37598 l 40152 51433 i

_____________________________________;________;________;_________l________

SEPTEMBER.;

! 11500 36455 l 42716 l 54234 32793

"_DCTOBER.l l

11500 28797 39766

.49263

___________l________l________l-_______;l________l____23344 JNOVEMBER'_;l l=

l 25750 l

4850 l-38032 l 74E5 l 16776 l

• 1 DECEMBER l;

l

-l 16250-l

_4068 l 28117 l 15000 6950

__________;-__________ ________ ________ ________ ________l_________l l_________.

cTOTAL l

17000 l~60000 *l157550 l 205300 l 252913 326302 l 298650

__________________________________________________________-l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

CMT ONLY L

START.NLT SERVICES START VR SERVICES MAY REMARKS:

30% increase in sales 1985 to 1986 23% increase in' sales 1986 to-1987 E

'29% increase'in sales 1987 to 1988 L

9%~ DECREASE in sales 1988 to 1989 l

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ATTACHMEN,T NO. 6

o p aeog f

A UNITS 0 sTATss y

t y

NUCLEAR REGULATORY COMMISSION a

f WASM6NGTON, D. C 20945

.'....l

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DEC 061989 Docket No.

15000033

. General Licensee (10 CFR 150.20) i EA 88 265 Basin Testing Laboratory, Inc.

dba Basin Services, Inc.

ATTH: Mr. WilliasiS. Cobban President Post Office Box 1854 Williston, North Dakota $8802-1854 l

Gentlemen:

V L

SUBJECT:

ORDER !!! POSING CIVIL MONETARY PENALTY AND ORDER TO SHOW CAUSE WHY LICENSE SHOULD NOT EE SUSPENDED

.This ~is in reference to the letter dated February 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.

Thir, is also in reference to an investigation of related matters conoucted by NRC's Office of Investigations (OL) 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 inforn=d NRC of its work in non-Agreement States L

from 1985 to 1988, a violation of 10 CFR 150.20; and 3) Basin's h.ving l

provided NRC fr. accurate inforn.ation in its initial responses to NRC's inspection findings, a violatici: of 10 CFR 30.9.

To emphasize the need for increased and icproved management attention to activities authorized by your general license, so as to er.sure your activities and coriducted safely and in accordance with the terms of your general license, a civil penalty of $5000 was proposed.

In your February 22 response, you admitted that the violations occurred.

However, you requested that the civil penalty be mitigated or retracted.

After consideration of ycur February 22 response, we have concluded for the reasons stated in the Appendix attached to the enclosed Order Imposing Civil lionetary 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 monetary penalty in the amount of $5,000. We will review the effectiveness of your corrective actions during a subsequent inspection.

CERTIFIED HAIL

-RETURN RECEIPT REQUESTED

+ gif

- Basin Testing Laboratory, Inc. In further regard to Basin's failure to inform NRC of its activities in hRC jurisdiction, we are enclosing the synopsis from 01 Report No. 4-89-0C6. Based on this investi ation, we have determined, in relation to this violation that the president o Basin " knowingly ared intentionally disregarded NRC regulations whici he admitted he became aware of in June 1988."

We have also concluded that the statement made in Basin's February 22, 1989, response to NRC's Notice, that " Basin was simply ignorant of the requirennent for completing the forn 241 prior to conducting activities in non-Agreement States," was false with respect to activities in non-Agreement States after June 1988.

Based on NRC's February 28, 1989 inspection of the corrective actions taken in f

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 perfomed E

in states under NRC jurisdiction and made a statement to the NRC which has been deters.ined to be false, raises sIgnificant questions concerning Basin's inte-r i

grity and its intent to comply with NRC regulations in the future. Accordingly, L

Basin is required to respond within 20 days to the enclosed Order to Show Cause why its general licarise, 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 "RuW 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, l'

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l l

/Y 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 NPC Public Document Room

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o UNITED STATES NUCLEAR P.EGULATORY COMMISSION

~

l In the Matter of l

Basin Testing Laboratory, Inc.

Docket No.

15000033 dba Basin Services, Inc.

General Licensee (10 CFR 150.20) 4 Williston, North Dakota EA 66-265 i

ORDER IMPOSING CIVIL MONETARY PENALTY I

' Basin Testing L6boratory, Inc. (licensee) is the holder of-North Dakotu Materials License No. ND 33-16105-02 issued by the state of North Dakota cn L

January 3,1985, and due to expire cn December 31, 1989.

The license i

authorizes the licensee to possess sealed radioactive sources in radiography l'

devices and to conduct industrial radiography activities.

10 CFR 150.20 grants the licensee a general license to conduct these activities in Nuclear Ret,ulatory Connission (NRC or Consnission) jurisdiction (non-Agreement States).

L II 1

?

Inspections of the licenste's activities in NRC jurisdiction were conducted on l

September 1 and October 5-6, 1988.

The results cf these inspections it.dicated that the licensee had not conducted its activities in full compliance with NRC l:

requirements.

A writtan Notice of Violation and Proposed Imposition cf Civil Penalty was served upon the licensee by letter dated January 19, 1989.

The Notice stated the nature of the violations, the provisions of the NRC's requirements that the licensee had violated, and the amount of tbt civil penalty proposed for the violations.

The licensee responded to the Notice of Violation and Proposed Iniposition of Civil Penalty by letter dated February 22, If69. In its response, the licensee admitted that the violations occurred as set forth in the Notice, but requested that the civil penalty be gg Qf mitigated or retracted,

(

'O 2-III

~

r After consideration of the licensee's response and the statements of fact, explanatior, and arguments for mitigation contained therein, the Deputy Executive Director for Nuclear Naterials Safety, Safeguards, and Operations p

Support has determined, as set forth in the Appendix to this Groer, th6t the violations occurred as stated and that the per.alty proposed for the violations designated in the Notice of Violation and Proposed Imposition of Civil Penalty should be imposed.

L IV l.

l' In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.005, IT IS HEREBY ORDERED THAT:

The licensee pay a civil penalty in the amount of $5,000 within 30 days L

of the date of this Order, by check, draft, or money order, payable to i

the Treasurer of the United States and mailed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission ATTN: Document Control Desk, Washington, D.C.

20555.

V The licensee ray reouest a hearing within 30 days of the date of this Order.

A request for a hearing shculd be clearly marked as a " Request for an

,,,g,

,,-.--,,-.-e-+*

- -~ * ~ ' ' +

3 Enforcement Hearing" and shall be addressed to the Director, Office of

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Enforcement, U.S. Nuclear-Regulatory Co unission, ATTN: Document Control Desk, Washington, D.C.

20555. A copy of the hearing request shall also be sent to the Assistant General Counsel for Hearings and Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Comunission, Washington, D.C. 20555, l

and to the Regiohal Administrator, U.S. Nuclear Regulatory Commission Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.

If a hearing is requested, the Conunission will issue an Order designating the time and place of the hearing - If the Itcensee fails to request a hearing within 30 days of the date of this Order, the provisions of this Order shall be effective without further proceedings.

If payment has not been made by that time, the matter may be referred to the Attorr.ey General for collection.

In the event the licensee requests a hearing as provided above, the issue to be considered at such hearing shall be whether, on the basis of the violations as set forth in the Notice of Violation and Proposed Imposition of. Civil Penalty referenced in Section 11 above, this Order should be sustained.

FOR THE NUCLEAR RECULATORY C0m!SSION HughL(. Thompson,Jr 4

au De ty Executive Directo for Nuclear Materials Safety, Safeguards, and Operations Support Dated at Rockville,11aryland, this % day of December 1989.

e j

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APPENDIX i

EVALL'ATIONS AND CONCLUSIONS i

On January 19, 1989, a Notice of Violation and Proposed-Imposition of Civil i

Penalty (Notice).was issued for the violations identified during NRC inspectichs.

Casin Testing Laboratory responded to the Notice on February 22, 1969.

The licensee admittea the violations but requested that the proposed civil penalty be mitigated or retracted.

The NRC's evaluation and conclusions regarding the licenste's arguaients are as follows:

i Restatement of Viulations.

1.

Violations Assessed a Civil Penalty i

A.

10 CFR 34.31(a)(4) requires, in part, that the licensee shall not l

l percit any individual to act as a raciographer until such indivicual has demonstrated understanding of the instructions in 10 CFR 34.31(a) by successful ecmpletion of a written test and e field examination on the sub;ects covered.

j:

10 CFR 34.44 requires that whenever a radiographer's assistant uses l

radiographic ex handling tools,posure devices, uses sealed sources or related source i

or conducts radiation surveys to determine that the sealed source has returned to the shielded position after an exposure, he shall be under the personal supervision of a radiographer.

Personal supervision shall ir.clude:

1) the radiographer's personal presence at the site where the sealed sources are being used, 2) the ability of the radiographer to give inmediate assistance if required, and 3) the radiographer's watching the assistant's performance of the operations referred to in this section.

Contrary to the above, on November 10-14 and November 18 and 19,1987, at temporary job sites in Wyoming, the licensee permitted a radio-grapher's assistant, who did not meet the requirements of 10 CFR 34.31(a) and who was not under the personal supervision of a radio-grapher, to. conduct the radiographic operations described in 10 CFR 34.44.

Specifically, the radiographer's assistant had not demonstrated understandin of the instructions in 10 CFR 34.31(a) by successful completion o. a written test anc a field examination on the subjects covered, and was permitted to conduct the radiographic operations Ifsted in 10 CFR 34.44 while not in the presence of, and observed by, a qualified radiographer.

B.

10 CFR 150.20(b)(1) requires, in part, that prior to engaging in activities in non-Agreement States, except as specified in 10 CFR 150.20(c), any person holding a specific license from an Agreement State shall, at least 3 days before engaging in each such activity, file 4 copies of NRC Form 241 (revised) " Report of Preposed Activities in Non-Agreement States" and 4 copies of its Agreement State specific license with the Regional Administrator of the U.S. Nuclear Regulatory Commission Regional Office listed in Appendix D of 10 CFR Part 20 for the Region in which the Agreement State that issued the license is located.

{

mv i

Appendix Contrary to the above, between 1985 and October 6,1988, the I

'Itcenseeengagedinlicensedactivitiesinnon-AgormE41withthe reement States cn

)

at least 16 occasions, and did not file any NRC appropriate Reg)ional Administrator, and the exceptions of

)

10 CFR 150.20(c did not appJy.

C.

10 CFR 30.9(4) requires, in part, that inforn:ation provideo to the l

Commissicn by e licensee be complete and accurate in all material i

respects.

Contrary to the above, by letter dated October 13, 1988, in response to NRC's inspet. tion findings which had been provided to the president of the company by telephone on October it.1988, the licensee's presi-dent indicated that the licensee had conducted work on September 12, 19CS, tin a particular area of iorth Dakota, an Agreenent State.

This L

information was not complete ano accurate in all material respects in that the radiography work in question had been conducted on Septen6er 12,1988, in Montana, l-These violations have been assessed in the aggregate as a Severity Level

[

III problem.

(Supplement VI).

1 Cumulative Civil Penelty - $5,000 (assessed equally among the violatio$s).'

II.

Violations Not Assessed A Civil Penalty 10 CFR.71.5(a) requires, in part, that each licensee who transports licensed material outside of the confines of its plant or other place of us.e shall comply with the applicable requirements of the regulations appro-priate to the mcde of transportation of the Department of Transportation l

l in 40 CFR Parts 170 thrcugh 189.

A.

49 CFR 170.I00(a) requires, in part, that except as otherwise provided in Subpart C, each person who offers a hazardous material for transportation shall describe the hazardous material on the shipping papers.

l 49 CFR 172.202(a) requires, in part, that the description of a L

hazardous material on the shipping paper must include the proper shipping name prescribed for the material in 49 CFR 172.101 or 17I.102, the identification number, preceded by "UN" or f!A" as appropriate.

49 CFR 172.203(a) requires, in part, that a description of a shipment of radicactive raster 141 must also include a description of the ph;,sical and chemical form of the material and the category of label and transportation index.

Contrary to the above, as of October 6, ISEE, shipping papers utilized ouring the transport of industrial radiographic suurc,.s containing curie quantities cf iridium-192 did not cuntain erg cf the ubeve required information.

.i,a

>t Appendix,

This is a Severity Level IV violation.

(SupplementV) l 1

B.

49 CFR 172.301 requires, in part, that except as provided by this subchapter packaging having a rated capacity of 110 gallons er less shall be a.orled with the proper shipping name and identification nun 6er, prect ded by "UN" or "NA", as appropriate, to identify whether the content c'escriptions are considered apgropriate for intermationsi t

shipments as 4 tescribed in 49 CFR 172.101(e,.

t Contrary to the above, on September 12, !?CS, a package which was not excepted by the subchapter (Tech-Ops Model 520 exposure device) was utilized in transport of a sealed source of approxinetely 67 curies of iridium-192 and the identification number, preceded by "tlfP was not included in the package markings.

This is a Severity Level IV violation.

(SupplementV)

Sunnary of Licensee's Response,and Request for ititigatign, E

The licensee tdaits that the violations occurred as stated in the Notice.

however, the licensee states that the civil penalty should be mitigated in accordance with the factors in Section V.B. of the Enforcement Policy.

t Specifically, the licensee states:

(1) that self identification does not

' apply; (2) that corrective actions were taken to essure future conipliance; L

(3) that Basin's past performance warrants mitigation in that the violations described in the Notice represent the only occasions on which Basin has been accused of violating state or federal requirements; 4) that prior notice is i

not applicable in that Easin had not previously been notified of alleged violations; 5) that there are not multiple exam

. exception of Basin's failure to file 241 forms;ples of violations with the and 6) that the violations

- were of brief duration with the exception of Basin's failure to file 241 forms.

~ The llcensee also states that none of the violations were intentional, and that the' assessment of a civil penalty of $5000 will place a significant financial hardship upon Basin.

In addition, the licensee claims that, in accordance with i

Table IA. of the Cnforcement Policy, Basin should not be assessed a civil penalty becausec it is properly designated as an industrial user of raaterial having violations classified as " safeguards."

In the alternative, the licensee requests that the NRC exercise its discretion under Section V.G of the Enforcement Policy and faitigate or suspend imposition of the proposed civil penalty.

- imC Evaluation of Licensee's Request for Mitigaticn In deciding to propose a !!,000 civil penalty for the violations in Section I of the Notice, NRC gave consideration to each of the adjustnient facturs tu Section-V.B. of the Enforcement Folicy, and no adjustment to the base cini penalty was deemed appropriate.

NRC views the licensee's coments regarding the policy's adjustment factors in the following way:

{

"t i

i Appenoix,

1.

Identification and Reporting -- NRC agrees that this factor is not applicable.

Although the revisions to the policy published in October 1988 provide for increasin rather than the licensee, g a penalty if violations are identified by HRC the violations that were the subject of this action, while discovered by the NRC, were found prior to the revtsions to the policy becoming effective.

2.

Corrective Actions to Prevent Recurrence -- NRC agrees that, ultimately, i

the licensee implemented corrective actions to prevent noncompliance.

However, we cannot conclude that Basin's corrective actions were prompt.

Nor does NRC view Basin's corrective actions as particularly comprehensive.

Thus, on balance, NRC sees no basis for any adjustment on the basis of this factor.

3.

Past Perfomance -- In terms of compliance with NRC requirements, there was no history of past >erformance to rely upon since NRC had not previously inspected Basin.

Tius, there is no basis for adjustment of the proposed civil penalty based upon this factor, t

4 Prior Notice of Similar Events, Multiple Occurrences and Duration -- The

-licensee's reliance upon these factors as a basis for mitigation or retraction of the civil penalty is misplaced, as under the Enforcement Policy these f actors are only considered as a basis for escalation of the base civil penalty.

The licensee asserts that none of the violations were intentional, and yet l-t.dmits, in its response, that it knowingly allowed a radiographer's assistant to o

conduct radiographic operations.

Further, basto on alt investigation by NRC's Office of Investigations (01), it appears that the licensee's president

" knowingly and intentionally disregardeo NRC regulations which he became aware of in June 1988."

Thus, based on the above facts, the NRC is unconvinced by the licensee's assertion that none of the violations were intentional, as its i

actions show willful nonccmpliance with the NRC's requirements.

NRC's Enforcement Policy states that "it is not the NRC's intention that the I

econcmic impact of a civil penalty be such that it puts a licensee out of business (orders, rather than civil penalties, are used when the intent is to terminate licensed activities) or adversely affects a Itcensee's ability to safely conduct licen:ed activities."

While Basin states that this civil penalty would place a significant hardship on the company, it provides no evidence to suggest that paying the penalty would result in putting the company out of

- business or would adversely affect its ability to conduct its activities safely.

The HRC concurs with the licensee's statement that its program is correctly designated as an industrial user of material based on Table IA. in the Enforcement Policy.

However, the violations assessed a civil penalty involve

" materials operations," not safeguards, and therefore, the Table 1A. base civil penalty for an industrial user is $10,000.

When the factor for Severity Level ds indicated in Table 16. of the [nforcement dolicy is considered, the base civil penalty becomes $5000 for the classf fication of the three violations in the aggregate at Severity Level III.

1 4

I Appendix In regare to the licensee's request that NRC exercise the ciscretion provided in Section V.G. of the Enforcement Policy, there has not been a basis proviced that would warrant the exercise of discretion for these NRC identiffeo willful violations.

NRC Evaluation of Letter dated June 5~.~1989 from Licensee's Attorney Subsequent to the licensee's response of February 22, 1989, the NRC received a 1etter from the licensee's attorney dated June 5, 1969. This letter contended, among other things, that all of Basin's Level ! and Level 11 operators were, in fact, radiographers and not radiographer's assistants and, therefore, th!,t the licensee did not have any radiographer's assistants ccnducting radiographic processes, and did not fail to supervise radiographer's assistants.

This

-letter contradicted the licensee's previous sworn admission of Violation I.A.

in its February 22 response.

Based on a telephone discussion between an NRC Region IV staff member and the attorney on June 30, 1989, the attorney orally withdrew his contentions.

Therefore, the NRC has disregarded the contentions e

in the June 5,-1989 letter.

NRC Conclusion NRC concludes based on its evaluation of the licensee's response that Basin has not providett an adequate basis for mitigation or retraction of the proposed civil pensity.

Consequently, the proposed civil penalty in the amount of

$5,000 should be imposed.

L 1

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l UNITED STATES liUCLCAR REGULATORY C0tNIS$10H In the Matter of Casin Testing Laboratory, Inc.

Ducket No.

15000033 dba Basin Services, Inc.

General License (10 CFR 150.20)

Willisten, tiorth Dakota EA 88 E65 ORDER TO SHOW CAbSE WHY LICENSE SHOULD 110T LE SUSPENDED I

basin Testing Leboratory, Inc. (Itcensee) is the holder of North Dakota Materials License No. ND 33-16105-02 issued by the state of North Dakota on January 3,1985, and due to expire on Decenter 31, 1989.

The license authorizes the licensee to possess sealed racioactive sources in radiography devices ar.o i

to conduct industrial radiography activities.

10 CFR 150.20 grants the licensee a general license to conduct these activities in Nuclear Regulatory Commission (NRC or Conmission) jurisdiction (non-Agreement States).

Inspections of the licensee's activities within NRC jurisdiction were conducted cn September 1 and October 5-6, 1988.

The results of these inspections indi-cated that the lictnsee had not conducted its activities in full conipliance with NRC requirements. A written Notice of Violation and Proposed Imposition of Civil Penalty was served upon the licensee by letter dated January 19, 1989.

Three violations were categorized in the aggregate at Severity Level III and assessed a civil penalty in the amount of $5,000.

These involved:

(1) Basin's permitting a radiographer's assistant, who had not conipleted a written test or l-field examination, to conduct radiographic operations while not in the presence 1

of, and observed by, a qualified r&diographer, a violation of 10 CFR 34.44; l

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o 2

(2) Basin's failure to have informed NRC of its work in NRC jurisdiction from i

1965 to 1988 by filing an NRC Form 241, a violation of 10 CFR 150.20; and (3) Basin's having providad NRC' inaccurate information in its initial responses to the NRC's inspection findings, a violation of 10 CFR 30.9.

In a February 22, 1989, response, Basin admitten the violations but sought to have the civil

-penalty mitigated or withdrawn. Based on its evaluation of Basin's arguments.

{

for mitigation, NRC is issuing, on the same date as this Order, an Order imposing upon Casin a civil penalty in the same amount as that proposed.

In its February 22, 1989, reply, which was provided as a sworn statement signed I

by Basin's President, William Cobban, Basin made the following statement in regard to the reason for its failure te have filed on f1RC Form 241: " Basin was simply ignorant of the requirement for completing the form 241 prior to conduc.

ting activities in non-Agreement States." Because this statement was in conflict with information NRC had obtained from the North Dakota Department of llealth regarding its inspections of Basin, fiRC Region !Y requested NRC's Office of Investigations (01) to determine whether the company's president made a false statement to the NRC and whether Basin intentionally feiled to inform NRC of its activities in non-Agreement States.

In the Report of Investigation 4-89-006, completed in July 1989, 01 determineo j

that the President of Basin " knowingly and intentionally disregarded NRC regulations which he admitted he became aware of in uune 1986." O! also determined that the previously mentioned statement in Basin's February 22, 1509, L

L l

l

i 0 reply to NRC was false with respect to licensed activities Easin concucted in non Agreement States after June 1988 b.ut before NRC's inspections in September and October 1988.

The basis for Ol's findings is that Basin w4s inforised during an inspection by the North Dakota Department of Health in June 1988 and in t

July 1988 in a written inspection report that it had an obligation to notify NRC of its then-current activities in Wyoming, a non-Agreement State, an obligation with which Basin did not comply.

r In addition,- the licensee at the Enforcement Conference argued that it was in compliance with 10 CFR 34.44 beceusw there was a radiographer on site; however, in its February 22, 1989 response, the licensee admits it knowingly allowed a radiographer's assistant to conduct radiographic operations in violation of NRC's requirements.

III On the basis of the information discussed in Section II of this Order, NRC concludes that Basin committed willful violations of NRC requirements in:

1) failing to inform NRC of its licensed activities in Wyoming (Laramie Pipeline, Laramie, Wyoming) which occurred from Jur.e to August 1988, and 2) providing a false statement to the NRC as to its knowledge of this requirement.

In addition, the licensee in its February 22 response, admits it knowingly allowed a radiograps assistant to conduct radiographic operations in violation of NRC requirements.

NI recognizes based on its February 28, 1989, inspection that Basin currently appear to be in compliance with the NRC's regulations.

However, because of the past willful violations, the NRC has substantial questions as to whether there is

+n,-

1

-4 reasonable assurance that the licensee will comply in the future with the Commission requirements, including prov.idthg complete and accurate responses to the Commission's duly-authorized agents.

Therefore, the NRC requires that Basin Testing Laboratory, Inc., show cause why the general license authorized pursuant to 10 CFR 150.20 which allows Basin to conduct industrial radiography activities in locations under NRC jurisdiction should not be suspended until Basin Testing Laboratory, Inc. has taken sufficient actions to assure that i

licensed activities will be properly ccnducted and infor1 nation provided the 1

?

Commission and agents will be coniplete and accurate.

l l

!Y in view of the above, and pursuant to Sections 81,161b,161c,1611,1610,182 and 186 of the Atomic Energy Act of 1954, as amended (Act), and the regulations in 10 CFR Parts 2, 30, 34 and 150, IT IS HEREBY ORDERED THAT:

Basin Testing Laboratory, Inc., doing business as Basin Services, Inc.,

which holds License Number ND 33-16105-02 issued by the state of North Dakota, show cause within 20 days of the date of this Order why its general license authorized by 10 CFR 150.20 to conduct industrial radiography activities within NRC jurisdiction should net be suspended.

Y Pursuant to 10 CFR 2.202(b), the licensee may show cause why this Order, in whole or in part, shoulo not have been issued by filing a written answer under

V.'

oath or affirmation within 20 days of the date of issuance of this Order, setting forth the s.atters of fact and Jaw on which the licensee relies.

The licensee may u.swer, as provided in 10 CFR 2.202(d), by consenting to the entry of this Order.

IF THE LICEN5EE FAILS TO FILE AN ANSWER WITHIN THE SPECIFIED TIME, CONSENTS TO THIS ORDER, OR FAILS TO REQUEST A HEARING IN ACCORDANCE WITH SECTION _VI BELOW, AND IN THE ABSENCE OF ANY OTHER REQUEST FOR A HEARING, THIS ORDER SHALL BE FINAL WITHOUT FURTHER PROCEEDINGS.

VI

~

The licensee or any other person adversely affected by this Order may request a hearing within 20 days of the date of this Order. Any answer to this Order or' request for a hearing shall be addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Dask.

Washington, D.C. 20555.

Ccpies also should be sent to the Assistant General Counsel for Hearings and Enforcement, Office of the General Counsel, U.S.

Huclear Regulatory Cosmission, Washington, D.C. 20555, and to the Regional Administrator U.S. Nuclear Regulatory Comission, Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.

If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner 1

in which his interest is adversely affected by this Crder ar.d shall address the criteriasetforthin10CFR2.714(d).

If a hearing is requested by the licensee or a person whose interest is adversely affected, the Comission will issue an Order designating the time

,.. ~, -,... -

-n,.,.

l J

i 6-I and place of the hearing.

If a hearing is held, the issue to be considered shall be whether the licensee's genera) license under 10 CFR 150.20 should be suspended.

FOR THE NUCLEAR REGULATORY COMilS$10N 1

Yb IIP J Hugh L. Thompson, r.

Do y Executive ire t for Nuclear Materials fety, Safeguards, and Operations Support Dated at Rockville, Maryland, thiskNay of December 1969.

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'o) stars Fedesel Registsy / Val M. No. 2a8 / Wednesday. December ta, isso / Notinse 4

Depneenant of Teenspeutensa is e GR pass assordamse with Table AA.afes aEmate a liaansas's as salmlyenadum

-i 1m so, salonensat poney, asets should not be noensed souvitim?

anslamstes that A. e tys.3 Eta) is that a--=d a det penaltybessess e h this ev8 paushy wooidplassa 1

onsept es wherwtes in C,

doutensted as em 6sduwenieenof hardsidp onto esempany,it no each pereen asks sOme e hammesta meternal sletanane classebadas *maingueds?

evidamse tosuggest est payag to l

fortremopartenen shaB desses the la its t>= segnum that weald veemh to pasues theaamperset heeardous mater 6alen the the MCamerates ete daaronomender amonon businese er would adversely aSect me aktur etGR trtgge(ej tegieres.ta part, the V.G, of the a.1-naramme poksy and cultignes to conduct its acteaues estely, deamtpean of a benedom emetertales the or suspend impostian of the proposed sten he NRC conows with the acessee's ehlpptog papermet tmanneethe paper pennity.

etaamment that Me pseyamiscomm4 menspesammedear emnewtalto NBCsealmunsafuaanseek seguemanr deelsmated m an andmetal eser af mensami et EPLift er trLEE.thetduelaceGon hetigneon based on Zahle1A. la theEnlaresment mate,pseended by Dr* er*Was Peticy. However, the violellene assesseda la dadeep 882dv0penity Waange)engmhee,teput. tat a for the v6olatione I of the House,

,,,ypsmehy Wy g,

dunartpsian~ef a shat==-safsedanctus NRC gewe consideraties to each af abs bemWMhea MM

$M. andediamkal$an Afed Polk. and a to the lne to

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• .m.mnf=bd ed 6~e=,q, a-d =~

,ono, ie.e red..e be benenes abego larthe alaaa'aaana=gm i.

transportanatuha-

.C

, see efhe Comme the polier's adMe'--a tumm la

== =,,r to she sheen., as.of.Q.uesbar eL mm!.harr eat _

e. -

..e se thm violemens An L aspagnan at Seemstr aveia amesport of indueenal redeyephis somcas sentelning owle quantities of tendlem aat dig asmes that ude factor te notapphe"ble, la regard to the Boonsee's sogneet thatPOtc n

perobe to smeenan por d h temcm t"o,s % Oceem, e,mi,, tr us.to be%*da moi-o.= - *e met osan anyof esabon segeled j

or V.G. of the hderosesset polley.eere hasnot

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jg ge,,tisse,,,od,V.i.,,,s.

ons a,e

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identined by NRC rether thea the boensee, percim afAsammem$wabme M C B. e G R angidma,b

&ag the violettone that were the subient of thle Watthed ortufalsteletlean.

actlan, whAs shamsvend by the.NRC, were NRC Evelsetloa of tatter dated lsme s, tess us.ert a prodded by en iond r-.o

-. ey We AtW

,s a,

. e,se.d.e,s.,, a, m gallons or Jees shall be masked arath the becomung e5ecust proper name and idensiBannan L Corncow Anname to Pment

? ^ : a a to the boenoseg respasse of

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t:enber.

bF *tlN" at "NA". as Recummeo-MC apeso that alsmutely, the Febroary Et,20es, the NIIC rese6ved a leaer tppsopnate, to ddentify whether the content licensee implemented oosective eaticas se from the lismasee's amaracy dated Jens &

(

desariptises are aomanissed appsspesale foe Prevent noncomp!!anos. However, we cannot tees. This lettet contended, among asber laternshanal shipmenas as desasihed la e emolude hat Basant emmean asdoes wem h &at au of Bub's levelI andlevel E CFR 1rLao M pmept. Nor does NRC view 8mulet operatore were, in feet, reciti.g and not rosayaphare ambemud, Oh Contrary to the abort an September 18, sonocem acusesas & _ ;

. the 1(oensee did act Aswo an,y eedisquapba tees, a package whleh wee not anaapted by comprehenolve, Na, on balance. NBC sees

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g and $d am hu to sie me,,,,,,,,,

the subdapur { Tech Ops MSID no beste for any adjustment on the bes6e of expoeme devios) was stdined in tuansport of ele facter.

0 sealed source of appreuknats4y IF maries of

8. Post Performenos-le terms of assistan,ts. %1e hthe contres the leidium-tst and the ideauRaenos number, compliance with NRC requiremente there

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ygg,y,g g,y y

was no history of to sely pesceded by TPr'. was not indeded in the #Pon etnos NRC not pmvnously inspected Based en a telephcas daeussian hoeween an 7

package mashes nie le e SemitylevelIV videflas W

NRC RestonIV stadtmemberand the (Supplemset V)

W de attoener es jime so,1ase, she attamey anDy wi&dow his cassenkonsamenfert es NRC Summary ofUsansee's Response and g,,,,,her Planes of Shdlar twom, W has daarogarded the conannuoas la the June 6.

4p Request for Mitigonon Dooweenous and Dorenue-N tosum) tees letter.

He basenes adame abatthevtdetions reBanos span theos factors se e beats for NRC Concluelon occurred as stated da the Netlan. Heereser.

mitigation er retroseca of the tevE pensity to NRC concludes based on its evolustion of the liosasos eletes Atat the cauti penalsy anisplaced, se tader the Entwoomsat Pohoy the licensee's response that Basta has not aheald be sungated is asceulanas euesh the these factore are esastdered es e beste parved en ashgush been in maissem er fee 4ase as Sectaan V.IL of the ikkeenstat for escalenoe of the olvil penalty.

,,,,,cg,og g,p,,,,,,g c,g p,,ggy, Policy.

3. Abeunansasstates:(t)

%eliconesesuertethatmemeof to Cogady. es pro duu penaky de hat idenbacemen does met apply:(2) violations wm intentional and t adsmus the amount af 35mID be imposed, that ammeca6ee actions wess aaksa to assuse in its response, that la knowing! allowed a future comphance: (3) that Baala's past radiographer's assietant to munduct (FR Doc. 80-20062 Filed 13-13-se aies aml perfoonance =aaansa inihai the redley== phia opestless. Pwther. based an an ausse caos ruo eHe violatloas denaribedle the sapresent inoestissuon byNRC's 00las of the only occasione en avbich Beels has been investassuone (OG 11appeme est abs accused of violating state or federal licensee's t "has and (Dosest 10o.1500e033 0eneraf Lagenes (10 requirements 4) that pdar antico de not inten diersperded WR regulanone CPR 190.30) t.A 28-3851 applicabia As t Samnhadnot pseviously which he bocasne atuam afin June 188A?

been notified of aDesed violatlens(5)that hus, basedan the ahore faas the NRCle Basin Testing Laboratory, tnc.12se there am aan audtlple naamples of idalanons unconytnood by the honness's asse 6en that Basin Services, Inc. WDDaten,30erth with the exception of Saala's Jallure to fDs none af the violations wees latectionalas its Oakota;Ortler To Show Cause Why set forme: and (el that the violation.e wem of actione show wiulal anana=pitaar= with the LJoense Should Not Be Suspended brief dessuan with the ar==rs== af Smain's NRCs vari *mmanta, f 11are to iUs 241 forme.

NRCs Entneramant Policy states that "it is N licanaes also stanas that none af the not the NRC's intantion &al the econoamc vi lations were intantional and that the impact af a cf v0 penalty be s.ach that its pass M Taeting %h esmernent of a civD penalty of A5000 wfD e licanase out n!k=ma== (ordars. emthat than (ficensee) is the baldar of North Dakota place e signtDeant financial hardahlp upon civo paamittaa are used when the intant le to Meteriale License No. ND 83-1810!K12 Basist in addiuon, the Bransee claims that,in termineto ticanse activities) or adversely lesued by the 6 tate of North Dakota on

g Fedesel Regleter / Vrl. M. Ne,23e / Wednesday, December 13, 1933 / N tices 81273 8,1988, and due to empire on the company's proeident made a falso requires that Baala Testing laboretory, 31.1000. n o hoenee statement to the NRC and whether Basin Inc show eeuse why the generalboense authorises the boenees to posomes sealed intentionally failed to inform NRC of its authorised pwouant to10 Cm180JD radioactive sources in redaagraphy

• activities in non-V n " States.

which allows Basin to conduct ladustrial devices and to conductindustnal in the Report ofTavestigation He-radiography activities in locations under radiography activities.10 Cm 100.30 00s, completed in July lege,01 NRC jurisdiction should not be grants the hoensee a general heense to determined that the Proeident of Basin suspended untilBasin Tes conduct these activitiesin Nuclear

" knowingly and intentionally laboratory,Inc. has taken cient Regulatory thimalaa (NRC or disregarced NRC regulejons which be actions to assure that boenood activities thina6en) Jurisdiction (non.

admitted he became aware ofin June wiu be properly conducted and

)

Agreement States).

lees." OI also determined that the information previded the Commission.

Dreviously mentioned statement in and agents win be complete and i

5 basin's February 23, tees, to NRC accurate.

Inspections of the licensee's activities was falso respect to activities t

W-within NRC jurisdiction were conducted Basin conducted la non-t MYa1

i.

1 on September 1 and October M,1988.

States afterJuneiets but NRCs In view of the above,and purevant to De results of these inspections inspections m September and October sections et,1 stb.1sto,1911, noto,1st i

indicated that the Boonese has not 19es. no basis for OFs findings is that andige of the Atoads Act of I

conductedits estivities in hdi Basin was informed during an 1s64, as amended (Act),

the compliance with NRC requirements. A inspection by the North Dakota reguletions in to CFR parts,3,30 H and written Notles of Violation and Department of Healthin June sees and too, /t /s hereby ordosedthot-i Proposed imposition of Civil penalty in luly1988in a written inopoetion y,,g, 7, g

g, was served upon the licensee by letter report that it had an obligation to notify businen as servleen.las which holde dated January 18, sees, nm violations NitC of its then-current activities in uoense Number ND sS-letab es leased by were categorised Art the aggregate at Wyoming, a non Agreement State, an -

the state of North Dakota, show sense within Severi LevelID and assessed a civil obligetion with which Basin did not so days of the date of this onter why lie penal in the amount of 38,000, nose comply.

. Senersi boense authortand by to cf1t ten,as involv (1) Basin's pennitting a in addiUon. the licensee et the to conduct industrial radioerophy eenvities radiographer's assistant, who had not Enfort,ement Confmnoe argued that it ouspended. jurisdiodos eheund not be within NRC completed a written test or field was in compliance with to CFR M.44 exandnation, to conduct radiographic because there was a radiographer on

.y -

operations while not in the presence of, site; however, in its February 22,19e8 and observed by,e quahSed toeponso, the licensee admits it Pursuant to to CFR 2.ast(b), the radiographer, a violation of10 CFR knowingly allowed a radiographer's licenewinay show esuse why this 34.44:(2) Basin's failure to have assistant to conduct radioerophic Order,in whole or in abould not informed NRC ofits workin NRC operetions in violation of NRCs have been lesued by a written jurlediction from less to sees by Aling requirements.

' answer under oath or afRrmation within an NRC Form 241, a violation of to CFR 30 days of the date ofissuance of this IE Order, setting forth the matters of fact I-18030; and (3) Basin's having provided NRC inaccurate information in its initial On the basis of the information andlaw on which thelicensee relin, responses to the NRCs inspection discussed in Section H of this Order,

%e licensee may answer, as provided in I

findings, a violation of 10 CFR 30.e. In a NRC concludes that Basin committed to CFR 2.202(d), by consenting to the February 22, tees, response. Basin willful violations of NRC requirements entry of this Order. lf the licensee fails admitted the violations bet sought to in:(1) Falling to infonn NRC ofits to rue an answer within the specined have the civil penalty mitigetto or licensed activities in Wyoming (Laramie time, consents to this order, or fails to withdrewn. Based on its evaluation of Pipeline, Laramie. Wyoming) which request a hearingin accordance with L

Basin's arguments for mitigation. NRC is occurred from l false statement to theune to August 19e8, and section VI below, and in the absence of issuing, on the same date as this Order, (2)providing a any other request for a hearing, this I

an Orderimposing upon Basin a civil NRC as toits knowledge of this order shallbe finalwithout further penaltyin the same amount as that requirement. In addition, the licensee in proceedings.

L proposed.

Its February 2:: response, admits it yg l

In its February 22, tees, reply, which knowingly allowed a radiographer's I.

was provided as a sworn statement assistant to conduct radiographic De licensee or any other person signed by Basin's President. William operations in violation of NRC

. adversely affected by this Order may Cobban, Basin made the following requirements. NRC recognises based on request a hearing within 30 days of the statement in regard to the reason for its its February 28,1980,inspa: tion that date of this Order. Any answer to this fallues to have filed an NRC Form 241:

Basin currently appears to bein Order or request for a bearm' s shall be

" Basin was simply ignorant of the compliance with the NRCs regulations, addressed to the Director, OfBee of requirement for completing the form 241 However, because of the past willful Enforcement U.S. Nuclear Regulatory prior to conducting activities in non.

violations, the NRC has substantial Commission A'r!N: Document Control Agreement States." Because this questions as to whether thereis Desk, Washington, DC 20555. Copies -

statement was in conflict with reasonable assurance that the licensee also should be sent to the Assistant Information NRC had obtained from the will comply in the future with the General Counsel for Hearings and North Dakota Department of Health Commission requirements. including Enforcement. Office of the General regarding its inspections of Basin. NRC providing complete and accurate Counsel, U.S. Nuclear Regulatory RegionIV requested NRCs Office of responses to the Commission's duly Commission. Washington, DC 20555, Investigations (01) to determine whether authorized agents. %erefore, the NRC and to the Regional Administrator, U.S.

t

EEP4 Podesal Registar / WeL A4. No. 238 / Wednaadar. December it,1mp / Notices i.

=~

Nuclear Aasinmeny N==d a-Aasion OfMCE OFSWIIBOISEL For caples of dWe y==t--1 saR Lawy -

IV.El AyuiJtems Drise.salassem te4Negenter Dambrose.estatl egHitse.

Astington. Temas Feat 1. Af a passen esber P===wGRE Famm saae adM tomsg thma the bonusum=====*a a hearius.

Requeelder AaP====8 af OWN Pesa in canussams arish aissumstise abet pensamabaBam Amrak umi 1300: Appiteest Asseand Musenal examiastisms for aoMage wary yeeWane

)

particularity the smannerh uMuh his GesemanrutseSimmelleselas develsped in anosudames erlah ese interest is adueremir ansmand by this for Classamme Lassumodesses,which aanst be l

Order and almil adshuns she samaan est amm ag Perecenal aan unnedeaulyhrhl==e=Teartsuo i

- if regtstore are is be entsMished in enn ineshin aG1&FHidg.

ifa hearingissequestodhr nie g""*8'"'"I"

~. " '

to hire 1950yeduetse.OPM to s.

a Acmost blan63 requesting expedited chedesemieto dvN1y aff the Commlas wal smessasmin medance wtthJhe the revised and reinstated OPM Form issue an Order designating the time an'd Paperwork Reduction Act ettse(tr6e, 18e6 within 14 days.

i place of the hearing. If a hearing is heit.

44.U.S. Code.dapter ts), this notice safus: Comments on this psoposal ee issue htoMand shanih announces a requentto teviseand Aouldbe roosited on or before reinstate the use of OPM Fore 13 e, December 13.1933.

winthat de beenssW red h Ap# cant Race andMonalOdgla

,ADDM Seadathacamen,ts k undar se GR1so.asah to-Quntionnaire.OPM wGI noe Form 1385 Joseph 14 clay.OPMDesk OBear.

8uspendad.

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ApplicantRace andNetionalOrigia Office of Jalanna tion and Regulaanry Insted ot toelviBa. Maryland, tus nih Any Questlannalte. le collect data needed Affaire. OfDoe af Managementand s

d December legs, for det impact of salacGon Budget. New Jtmecutlas OEse Suuding.

. Par she Nudear Regulatorycommiulon.

psocedures for compiving witi NW., Raam 22&L Washingtcm,DC.Esos.

provisions ofleurano v.Newesan.Odl pon w ey,een spennaarios amerasset g

A on194271. U.S.Dietrict Court for Traq'K.Sp==== en (Etj SSN.

Moawrah sodary.G..,i.. andDperation' Approximately 60.000 will be 1

M processed annually; each form esquires h 8'"7 N'""-

[m Doc. as-asces fileo 22-12-m ads ain) approximainly a minutes to W-'-

N'c88t-aume coes reme.m for a tatal public burden of Anoo houra, enAme consesa m e

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