ML20012B679
| ML20012B679 | |
| Person / Time | |
|---|---|
| Issue date: | 03/06/1990 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20012B675 | List: |
| References | |
| EA-90-003, EA-90-3, NUDOCS 9003160099 | |
| Download: ML20012B679 (6) | |
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY B&H Wireline Services Docket No. 30-20298 Hominy, Oklahoma License No. 35-23137 EA No.90-003 r
During an NRC inspection conducted on November 27-28, 1989, violations of NRC i
requirements were identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2 Appendix C (1989) (Enforcement Policy), the Nuclear Regulatory Comission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:
A.
Violations Related to Byproduct Material Use 1.
License Condition 18 requires that, exce)t as specifically provided otherwise in the license, the licensee s1all conduct its program in accordance with statements, representations, and procedures contained in applications dated June 7 and August 16, 1984; and letters dated September 10, 1984, December 1,1985, January 23, 1989, and February 13, 1989, to the extent that such applications and letters are more restrictive than the Commission's regulations.
The letters dated January 23 and February 13, 1989, specify that licensed l
material will be stored in underground bunkers located at the licensee's facility,1 mile north of Hominy, Oklahoma.
Contrary to the above, the licensee stored cesium-137 and americium-241 sealed sources at two additional locations not specified in the license, specifically, in Hominy, Oklahoma, from February through May 1989, and in Wynona, Oklahoma, during November 1989, i
2.
10 CFR 39.31(b) requires the licensee to store sources containing I
I licensed material in storage containers or transportation packages that are locked and physically secured to prevent tampering or removal of licensed. material from storage by unauthorized personnel.
Contrary to the above, on November 27, 1989, the licensee stored cesium-137 and americium-241 sealed sources in unlocked transport l
containers on logging vehicles and the vehicle compartments used for storing these sources were not locked.
3.
10CFR39.33(a)and(c) require,inpart,thatthelicenseekeepan operable survey instrument for use at each field station and temporary L
jobsite, and that these instruments be calibrated at intervals not to l
exceed 6 months.
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Notice of Violation.Y. '
m' Contrary to the above, as of November 28, 1989, the licensee's two survey instruments had not been calibrated since February 1989 and August 1988, respectively. and both instruments were used at field stations and temporary jobsites as late as November 1989, an interval greater than six months.
4.
10 CFR 39.67(b) and (c) require, in part, that the licensee make surveys to determine radiation levels in the position occupied by each individual in vehicles used to transport licensed material, and, if the sealed source assembly is removed from the logging tool before departure from the temporary job site, to confirm that the logging tool is free of contamination.
Contrary to the above, on November 28, 1989 and on a number of prior occasions, a licensee logging supervisor did not conduct the required radiation surveys of the positions occupied by each individual in vehicles used to transport licensed material and did not conduct the required surveys to determine that logging tools were free of contamination.
B.
Violations Related to Record and Document Control 1.
10 CFR 39.39 requires the licensee to maintain a record for each use of licensed material showing the make, model number and serial number or a description of the sources used, or the radionuclide and quantity of activity used, the location of use, and the identity of the logging supervisor and assistants present. These records must be retained for a period of 3 years from the date of the recorded event.
Contrary to the above, as of November 28, 1989, the licensee failed to retain any records which had been made of byproduct material use from March 1988 through June 1989.
In addition, on November 28, 1989, a licensee logging supervisor did not complete a record documenting his use of material on that date. Moreover, on othor occasions during 1988 and 1989, this individual had not completed such records of his use of such material.
2.
License Condition 16 requires that the licensee conduct a physical inventory every 6 months to account for all sealed sources possessed under the license. The records of such inventories shall include the kinds and quantities of byproduct material, manufacturer's name and model numbers, location of sealed sources, and date of the inventory. These records must be maintained for a period of 2 years from the date of the inventory.
Contrary to the above, as of November 28, 1989, the licensee failed to include the locations of sealed sources on records of physical inventories conducted during calendar years 1988 and 1989.
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i Notice of Violation l 3.
License condition 13 requires, in part, that leak tests for sealed sources be conducted at intervals not to exceed 6 months and that records
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of test results shall be kept in units of microcuries and maintained for inspection by the Commission.
Contrary to the above, as of November 28, 1989, the licensee failed to J
maintain records of leak tests performed on an americium-241 sealed source, Serial No. 759B, during calendar years 1988 and 1989.
4.
10 CFR 39.61(d) requires the licensee to maintain a record on each logging supervisor's and logging assistant's training and annual safety
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review. These records must include copies of written tests and dates of oral tests given after July 14, 1987. The training records must be maintained for three years following termination of each logging supervisor's or logging assistant's employment.
Contrary to the above, as of November 28, 1989, the licensee failed to maintain the required records for training provided to logging supervisors and assistants between July 1987 and Hovember 1989.
5.
License Condition 18 requires that except as specifically provided otherwise in the license, the licensee shall conduct its program in accordance with statements, representations, and procedures contained in applications dated June 7 and August 16, 1984; and letters dated September 10, 1984, December 1,1985, January 23, 1989, and February 13, 1989, to the extent that such applications and letters are more restrictive than the Commission's regulations.
Item 10.VI.e. of the application dated August 16, 1984, specifies that records of surveys conducted for the sealed source storage area will be maintained on file.
Contrary to the above, as of November 28, 1989, the licensee failed to maintain records of sealed source storage area surveys conducted between March 1988 and March 1989.
6.
10 CFR 71.5(a) requires, in part, that licensees who transport licensed material outside the confines of their plant comply with the applicable requirements of-the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR parts 170-189.
a.
49 CFR 172.403 requires, in part, that each package of radioactive material, unless excepted from labeling by $173.421 through
$173.425, be labeled, as appropriate, with a RADI0 ACTIVE WHITE-1, a RADI0 ACTIVE YELLOW-II or a RADI0 ACTIVE YELLOW-III label.
Additionally, the labels must be completed with applicable information regarding the contents, activity, and the appropriate transport index for the package.
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Notice of Violation Contrary to the above, on November 27-28, 1989, the licensee transported outside the confines of its plant cesium-137 and americium-241 sealed sources in packages that bore RADIOACTIVE labels that did not identify package contents, activity, or transport index.
j b.
49 CFR 172.203(d)(v) requires that each hazardous material description in shipping papers used for transportation of radioactive materials shall include the transport index assigned to
.each package bearing RADIDACTIVE YELLOW-II or RADIOACTIVE YELLOW-III labels.
Contrary to the above, on November 27-28, 1989, the licensee used shipping papers that did not include the transport index for packages labeled and categorized as RADI0 ACTIVE YELLOW-II or RADI0 ACTIVE YELLOW-III which had been transported outside the confines of the plant.
7.
10 CFR 20.401(a) requires that each licensee maintain records showing the radiation exposures of all individuals for whom personnel monitoring is required under 520.202.
Contrary to the above, as of November 28, 1989, the licensee failed to maintain records of occupational radiation exposures of personnel for whom personnel monitoring was required for the second and third quarters of 1988 and for the second quarter of 1989.
8.
10CFR19.11(a)and(b)requirethateachlicenseepostcurrentcopiesof (1) Part 19 and Part 20. (2) the license,. license conditions, or documents incorporated into the license by reference, and amendments thereto; and (3) operating procedures applicable to licensed activities.
If posting of a specified document is not practicable, a the licensee may post a notice describing these documents and where they may be examined.
10 CFR 19.11(c) requires that form NRC-3, " Notice to Employees," be posted.
Contrary to the above, on November 27-28, 1989, the documents required to be posted by 10 CFR 19.11 or the notice of where the documents could be examined were not posted.
The violations in Parts A and B of this Notice have been classified in the aggregate as a Severity Level III problem (Supplements IV and VI).
Cumulative Civil Penalty - $750 (assessed equally among the 13 violations)
Pursuanttotheprovisionsof10CFR2.201,B&HWirelineServices(Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, within 30
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2" Notice of Violation '
days of the date of this Notice. This reply should be clearly marked as a
Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted. (3) the corrective steps that have been taken and the results achieved (4) the corrective steps that will be taken to avoid furtherviolations,and(5)thedatewhenfullcompliancewillbeachieved.
3 Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response j
shall be submitted under oath or affirmation.
If an adequate resly is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:
(1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written 1
I answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may(e.g.,
incorporate parts of the 10 CFR 2.201 reply by specific reference citing page and paragraph numbers) to avoid repetition. The attention of the L
Licensee is directed to the other provisions of 10 CFR 2.205, regarding the L
procedure for imposing a civil penalty.
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Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
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The responses noted above (Reply to a Notice of Violation, letter with payment of civil penalty and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Consission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Connission, Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011.
FOR THE HUCLEAR REGULATORY COMit!SSION y
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Robert D. Martin Regional Administrator Dated at Arlington, Texas.
This 6th day of March 1990.
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