ML20029D114
| ML20029D114 | |
| Person / Time | |
|---|---|
| Issue date: | 04/29/1994 |
| From: | Collins S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Jull S AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20029D115 | List: |
| References | |
| EA-94-058, EA-94-58, NUDOCS 9405040049 | |
| Download: ML20029D114 (5) | |
See also: IR 015000005/1994001
Text
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UNITED STATES
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APR 2 91994
Docket:
150-00005
License:
10 CFR 150.20 (General License)
EA 94-058
Rocky Mountain Phoenix Surveys, Inc.
ATTN: David Jull, Vice President
P.O. Box 745
Brighton, Colorado 80601
SUBJECT: NRC INSPECTION REPORT- 150-00005/94-01
This refers to the special, announced inspection conducted by
Ms. M. Linda McLean of this office and accompanied-by Dennis N.- Boal of
Region IV's Office of Investigations, on February 16, 1994.
The inspection,
conducted at the licensee's office in Brighton Colorado, included a review of
activities authorized under the provisions of 10 CFR 150.20 and the conditions
of Radioactive Materials License No. Colo. 838-01 issued by the state of
Colorado. At the conclusion of the inspection, the findings were discussed
with members of your staff.
The enclosed NRC Inspection
Report 150-00005/94-01 documents this inspection. Additionally, on March 24,
1994, a telephone conversation was held with Mr. John Patterson, Ms. McLean,
and Mr. Charles L. Cain regarding the inspection findings and NRC's
The inspection included an examination of records associated with licensed
activities conducted at locations within the state of Wyoming, an area under
NRC jurisdiction, as they relate to radiation safety and to compliance with
the Commission's rules and regulations and the conditions of the license.
The
inspection consisted of selective examinations of procedures and
representative records and interviews of personnel.
The inspector discussed with your staff the requirements with which you must
comply, including those'of 10 CFR 150.20 regarding recognition of Agreement
State licenses working under reciprocity in locations under NRC jurisdiction.
10 CFR 150.20 grants persons, who hold a specific license from an Agreement
State, an NRC general license to conduct the same activity in a non-Agreement
State. Additionally, 10 CFR 150.20 requires that, at least 3 days before
engaging in such activity, the licensee file copies of Form NRC-241 " Report of
Proposed Activities in Non-Agreement States" to the appropriate NRC Regional
Office. The inspector determined that you had-conducted well logging
activities twice in Wyoming (NRC jurisdiction) during 1993; however, you
failed to notify NRC of these activities. This failure was identified as an
apparent violation of NRC requirements.
9405040049 940429
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Based on the results of the inspection, this apparent violation is being
considered for escalated enforcement action in acccrdance with the " General
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Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement
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Policy), 10 CFR Part 2, Appendix C.
Accordingly, no Notice of Violation is
presently being issued for these inspection findings.
In addition, please be
advised that the number and characterization of apparent violations described
in the enclosed inspection report may change as a result of further NRC
review.
A telephonic enforcement conference to discuss this apparent violation has
been scheduled for Tuesday, May 10, 1994, at 9:00 a.m. MDT.
The decision to
hold an enforcement conference does not mean that the NRC has determined that
a violation has occurred or that enforcement action will be taken.
The
purposes of this conference are to discuss the apparent violation, its cause
and safety significance; to provide you the opportunity to point out any
errors in our inspection report; and to provide an opportunity for you to
present your proposed corrective action.
In particular, we expect you to
address the reason for the violation.
Your state of Colorado Radioactive
Materials License specifically states in Condition 20 that " Prior to the use
of licensed materials outside the state of Colorado the licensee shall comply
with tne applicable provisions of 10 CFR 150.20 or if the use shall take place
in an Agreement State the Licensee shall comply with the applicable provisions
of that state's reciprocity requirements."
Please be prepared to discuss your
failure to comply with this condition.
In addition, the enforcement conference provides an opportunity for you to
provide any information concerning your perspectives on 1) the severity of the
violation, 2) the application cf the factors that the NRC considers when it
determines the amount of a civil penalty that may be assessed in accordance
with Section VI.B.2 of the Enforcement Policy, and 3) any other application of
the Enforcement Policy to this case, including the exercise of discretion in
accordance with Section VII.
You will be advised by separate correspondence
of the results of our deliberations on this matter. No response regarding the
apparent violation is required at this time.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of
this letter and its enclosures will be placed in the NRC Public Document Room.
Should you have any questions concerning this letter, please contact
Mr. Charles L. Cain at (817) 860-8186.
Sincerely,
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Samuel J. Collins, Director
Division of Radiation Safety
and Safeguards
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Rocky Mountain Phoenix Surveys, Inc. -3-
Enclosures:
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1.
Appendix A - Inspection Report
150-00005/94-01
2.
Appendix B-Proposed Enforcement
Conference Agenda
3.
cc:
Colorado Radiation Control Program Director
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- Previously concurred