ML20010E571
| ML20010E571 | |
| Person / Time | |
|---|---|
| Issue date: | 08/21/1981 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Howard N MUSTANG SERVICES CO. |
| Shared Package | |
| ML20010E572 | List: |
| References | |
| EA-81-064, EA-81-64, NUDOCS 8109040278 | |
| Download: ML20010E571 (2) | |
Text
Tern IE FILE COPY AUG211S01
.ThP/[(C License No. 42-17552-01 6
EA 81-64 f9-SEf 01gy; Mustang Services Company ATTN:
N. M. Howard, Vice President 5301 Hollister Road, Suite 120 C
Houston, Texas 77040
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Gentlemen:
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This refers to the investigation conducted by Mr. C. L. Cain of the NRC Region IV (Arlington, Texas) office on June 29, 1981, concerning the loss of control of a 1.5 curie cesium-137 sealed source that occurred on or about June 18, 1981.
An individual employed by the licensee to transfer the source from a truck trailer to another vehicle unknowingly lost the source in the truck trailer during the attempted transfer.
The individual did not conduct any radiation surveys which could have detected the source in the truck trailer.
As a result, the source was transferred with the trailer to the trailer's purchaser and eventually fell out of the trailer onto a bridge near Lewisville, Texas, during transport.
Thus, the source was not within the licensee's immediate control for several days until its recovery, and the source produced radiation levels in unrestricted areas that could have resulted in serious radiation overexposures to members of the public.
The violations that were identified as a result of the investigation are listed in the Notice of Violation enclosed as an Appendix to this letter.
Discussions of the investigation findings were held by Mr. Cain with Mr. N. M. Howard by telephone on June 30, 1981 and during a telephone enforcement conference on August 5,1981, by J. Gagliardo and otner members of the Region IV staff with J. E. Coulter, President, Mustang Services Company.
In order to emphasize the importance NRC places on the loss of control of radioactive sources with a high potential for serious exposure :n excess of NRC limits, we propose to impose a civil penalty in the cuma ative amount of Six Thousand Dollars for two of the items in the Notice of Violation which have been categorized at the Severity Levels described in accordance with the Interim Enforcement Policy published in the Federal Recister, 45 FR 66754 (October 7, 1980).
The amount of civil penalties normally imposed for the Severity Levels ior thew violations is Eight Thousand Dollars.
- However, in view of the fact that Mu tang Services Company discovered that the source had apparently been lost, took necessary and proper measures to locate the source and notified the NRC in a timely manner, we have determined that a twenty-five percent reduction in the penalty is appropriate as provided in the Interim Enforcement Policy.
You are required to respond to the Appendix and in preparing your response, you should follow the instructions specified in the Appendix.
Your written reply to this letter and Appendix will be the basis for determining whether additional enforcement actions are warranted.
CERTIFIED MAIL RETURN RECEIPT REQUESTED _
8109040278 810821 NMS.LIC30 42-117552-01 PER
Mustang Services Company In accordance with 10 CFR 2.730 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.
Sincerely, w
Victor Stel Jr.,
ector Office of Ibsp,ection and Enforcement
Enclosure:
Appendix, Notice of Violation and Proposed Imposition of Civil Penalties Distribution POR NSIC TIC J. Dale McHard, Chief SECY Occupational & Radiological Health Service VStello, IE State Department of Health RCDeYoung, IE N. E. 10th and Stonewall Streets DThompson, IE P. O. Box 53551 S. Burns, ELD Oklaho t: City, Oklahoma 7315c HThornburg, IE CA David K. Lacker, Director APuglise, CON L-316 Division of Occupational Health &
FIngram, PA Radiation Control EI Reading File Texas Departmer.t of Health ED0 Reading File 1100 West 49th Street VMiller, NMSS Austin, Texas 78756 JCrooks, AE0D JCummings, DIA JMurray, ELD JLieberman, ELD RWessman, IE TWBrockett, IE Enforcement Coordinators RI, RII, RIII, RIV, RV IE Files
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