ML20012H570
| ML20012H570 | |
| Person / Time | |
|---|---|
| Site: | 15000041 |
| Issue date: | 09/11/1995 |
| From: | Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Swindell D External (Affiliation Not Assigned) |
| Shared Package | |
| ML20012H571 | List: |
| References | |
| EA-95-187, NUDOCS 9509220169 | |
| Download: ML20012H570 (2) | |
See also: IR 015000041/1995001
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EA.95-187.
September 11, 1995
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Energy Technologies, Inc.
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= ATTN: Mr. David K. Swindell-
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President
P.O. Box-23860.-
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,
127 Perimeter Park Drive
Knoxville,: Tennessee _' 37933-1860-
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SUBJECT: NRC INSPECTION REPORT NO. 150-00041/95-01
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Dear Mr. Swindell:
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This refers to the inspection conducted on August 28, 1995 at your office in
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Knoxville, Tennessee. The purpose of the inspection was to determine whether
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activities conducted m ?reas of NRC jurisdiction were in accordance with NRC
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requirements. At the conclusion of the inspection, the findings were
discussed with you.
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Areas' examined during the inspection are identified in the report. Within
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these areas, the inspection consisted of selected examination of records,
interviews of personnel, and review of corrective. actions taken to date.
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Based on the results of this inspection, one apparent violation was identified
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and is being considered for escalated enforcement action in accordance with
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the " General Statement of Policy and Procedure for NRC Enforcement Actions"
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(Enforcement Policy), (60 FR 34381; June 30,1995/NUREG 1600) (Enclosure 2).
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The apparent violation being considered for escalated enforcement involves the
use of a byproduct material in areas under NRC jurisdiction without possessing
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an NRC general or specific license.
In addition, the apparent violation also
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appears' to involve an element of careless disregard for NRC regulations.
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Acccrdingly, no Notice of Violation is presently being issued for this
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inspection finding.
In addition, please be advised that the number and
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characterization of the apparent violations described in the enclosed
inspection report may change as a result of further NRC review.
A predecisional enforcement conference to discuss the apparent violation has
been scheduled for September 25, 1995 at 1:00 p.m. in the NRC Region II
office. The decision to hold a predecisional enforcement conference does not
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- nean that the NRC has determined that a violation has occurred or that
enforcement action will be taken.
This conferance is being held to obtain
information to. enable the NRC to make an enforcement decision, such as a
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common understanding of the facts, root causes, missed opportunities to
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identify the apparent violation earlier, corrective actions, significance of
the issues and the need for lasting and effective corrective actions.
In
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particular, we expect you to address why you performed licensed activities
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within NRC jurisdiction, after you were informed that ETI was required to
submit NRC Form 241 to the Reaion 11 office. In addition, this is an
9509220169 9509119;
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Energy Technologies,-Inc.
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opportunity for you to point out any_ errors in our inspection report and for
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you to provide any information concerning your perspectives on 1) the severity
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_ of the violation, 2) the application of the factors the NRC considers when it
determines the amount of a civil penalty that may be assessed in accordance
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with Section VI.B.2 of the Enforcement Policy, and 3) any other application of
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the Enforcement Policy to this case, including the exercise of discretion in
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accordance with Section VII.
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You will be advised by separate correspondence of the results of our
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deliberations on this matter. No response regarding the apparent violation is
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required at this time.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Prac'tice," a copy of
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this letter and its enclosures will be placed in the NRC Public Document Room.
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Sincerely,
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Original Signed By
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D. M. Collins for
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Bruce S. Mallett, Director
Division of Radiation Safety
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and Safeguards
Docket No.:
150-00041
License No.: General License
EA 95-187
Enclosures:
1.
NRC Inspection Report
150-00041/95-01
2.
NRC Enforcement Policy:
cc w/encls:
State of Tennessee
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Distribution w/encls:
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J. Lieberman, OE
Document Control Desk
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Ril Docket file, DRSS
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(SEE NEXT PAGE FOR ALL CONCURRENCES)
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ncerning your perspective on 1) the severity of the violation, 2) the
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ap ication of the factors that the'NRC considers when it determines the
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of a civil penalty that may be assessed in accordance with Section
VI.B.2 f the Enforcement Policy, and 3) any other application of the
Enforcem t Policy to this case, including the exercise of discretion in
accordance ith Section VII.
You will be ad sed by separate correspondence of the results of our-
deliberations on. his matter. No response regarding the apparent violation is
required at this t
e.
In accordance with 10
R 2.790 of the NRC's " Rules of Practice," a copy of
this letter and its enc
ures will be placed in the NRC Public Document' Room.
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Sincerely,
Bru
S. Mallett, Director
Divis' n of Radiation Safety
and
feguards
Docket No.:
150-00041
License No.: General License
EA 95-187
Enclosures:
1.
NRC Inspection Report
150-00041/95-01
2.
cc w/encls:
State of Tennessee
Distribution w/encls:
J. Lieberman, OE
Document Control Desk
RII Docket File, DRSS
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