ML20035B739
| ML20035B739 | |
| Person / Time | |
|---|---|
| Issue date: | 03/30/1993 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Mikowski J STANDARD NUCLEAR CONSULTANTS, LTD. |
| Shared Package | |
| ML20035B740 | List: |
| References | |
| REF-QA-99990003-930330 EA-93-048, EA-93-48, NUDOCS 9304050058 | |
| Download: ML20035B739 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION e
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799 ROOSEVELT ROAD o
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[10 CFR 150.20]
EA 93-048 Standard Nuclear Consultants, Ltd.
ATTN:
James Mikowski Radiation Safety Officer 1 S 016 Donny Hill Road Elburn, Illinois 60119
Dear Mr. Mikowski:
SUBJECT:
NOTICE OF VIOIATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $ 500 (INSPECTION REPORT NO. 999-90003/93004)
This refers to the special safety inspection, authorized by 10 CFR 150.20, conducted on February 19, 1993, to review your licensed activities in NRC non-Agreement States.
The report documenting this inspection was mailed to you by letter, dated March 5, 1993.
A significant violation of NRC requirements was identified during the inspection, and on March 18, 1993, an enforcement conference was held with you in the Region III office.
Through an inspection at an NRC licensed facility, the NRC learned that Standard Nuclear Consultants, Ltd.,
an Agreement State
- licensee, was performing licensed activities (e.g.
survey instrument calibration, leak tests, source exchanges) in non-Agreement States and had not complied with the reciprocity requirements of 10 CFR 150.20.
Specifically, Standard Nuclear Consultants, Ltd., failed to provide proper notification to the NRC that it was performing licensed work in non-Agreement States.
NRC inspectors subsequently contacted you and explained the requirements of 10 CFR 150.20.
By letter, dated February 23, 1993, you informed the NRC of the number of occasions that licensed activities were performed in non-Agreement States without notifying the NRC (98 times in 1992; 87 times in 1991; and 16 times during November and December 1990), after you terminated your specific NRC Byproduct Material License in October 1990.
The violation of 10 CFR 150.20 is described in the enclosed Notice of-Violation and Proposed Imposition of Civil Penalty (Notice) and is categorized at Severity Level III in accordance with the " Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy) 10 CFR Part 2, Appendix C.
The root cause of the violation and the subsequent corrective action were discussed during the March 18,
- 1992, enforcement conference.
The major factor contributing to the violation CERTIFIED MAIL RETURN RECEIPT REOUESTED 9304050058 930330
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i Standard Nuclear Consultants appeared to be your misunderstanding of the conditions of your State of Illinois specific license pertaining to temporary job sites and the reciprocity process.
The NRC recognizes that you immediately corrected the violation and that you plan to inform the NRC of regularly scheduled visits to NRC non-Agreement States and also update the NRC as your schedule changes.
i The NRC relies on an Agreement State licensee to notify the NRC whenever licensed activities are performed in a non-Agreement State.
This violation is a serious matter because it denied the NRC opportunities to inspect your activities while working in non-Agreement States, thereby removing the NRC's ability to perform its function of verifying that licensed activities are performed in a safe manner.
To emphasize the need for the importance of appropriate management attention to ensure adherence to all regulatory requirements, I am issuing the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount of $ 500 for this Severity Level III violation.
The base value of a civil penalty for a Severity Level III violation is $ 500.
The civil penalty adjustment factors in the Enforcement Policy were considered.
The civil penalty was i
initially increased 50 percent because the NRC identified the violation.
The civil penalty was increased an additional 100 percent because of the multiple times the violation occurred.
These increases were offset by reductions of 50 percent for your timely and extensive corrective actions and 100 percent for your past good performance (no events or significant enforcement actions since you first possessed licensed material in 1984).
The remaining factors in the enforcement policy were considered and no further adjustment to the base civil penalty was considered appropriate.
~You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence.
After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether furtJ.ar NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice,"
a copy of this letter, its enclosure,-and your response will be placed in the NRC Public Document Room.
l The response directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management
i Standard Nuclear Consultants !
and Budget as required by the Paperwork Reduction Act of 1980, i
Public Law No.96-511.
I Sincerely, i
i A.
Bert Davis l
Regional Administrator
Enclosure:
Notice of Violation and l
Proposed Imposition of Civil Penalty cc w/en. closure:
'_DCD/DCB(RIDS)L.1 State of Illinois, Department of Nuclear Safety i
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Standard Nuclear Consultants DISTRIBUTION:
SECY CA H. Thompson, DEDS J. Sniezek, DEDR J. Lieberman, OE L.
Chandler, OGC J. Goldberg, OGC R.
Bernero, NMSS i
R. Cunningham, NMSS C.
Paperiello, NMSS Enforcement Coordinators RI, RII, RIV, RV F. Ingram, GPA/PA D. Williams, OIG B. Hayes, OI V. Miller, SP E. Jordan, AEOD R. Caniano, RIII J.
Lynch, RIII OE:ES OE:Chron i
OE:EA (2) l RAO:RIII SLO:RIII
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