ML20039A330
| ML20039A330 | |
| Person / Time | |
|---|---|
| Issue date: | 11/27/1981 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | DAYTON X-RAY CO. |
| Shared Package | |
| ML20039A325 | List: |
| References | |
| EA-81-065, EA-81-65, NUDOCS 8112170357 | |
| Download: ML20039A330 (5) | |
Text
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UNITED STATES
(
NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
r Dayton X-Ray Company
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Byproduct Material 1150 West Second Street
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License No. 34-06943-01 Dayton, OH 45407
)
EA 81-65 ORDER TO SHOW CAUSE I
Dayton X-Ray Company (the " licensee") holds Byproduct Material License No.
34-06943-01, (the " license") which authorizes the licensee to possess and use byproduct material for industrial radiography.
The license was originally issued on December 20, 1960, and will expire on April 30, 1985.
II On November 27, 1974, the Commission imposed a civil penalty of $2,350 on the licensee for failure to provide adequate trainir,g to individuals acting as radiographers.
On April 21, 1978, the Commission imposed a civil penalty of
$6,000 on the licensee for again failing to provide adequate training to individuals acting as radiogracht;s. A January 1979 inspection disclosed numerous deficiencies in the licensee's training program.
On July 20, 1979, the licensee attended an enforcement conference at the NRC office in Bethesda, Maryland.
The enforcement conference resulted in the licensee making several commitments to the NRC.
These commitments were confirmed by telephone on July 23, 1979, and in an Immediate Action Letter dated July. 23, 1979.
One of 8112170357 81112f NMS LIC30 34-06943-01 PDR
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- these commitments as described in the Immediate Action Letter was that the licensee would:
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" Permit no individual, other than Mr. Dennis Taylor, to act as Radio-grapher as defined in 10 CFR 34.2(b), nor permit any individual to act as Radiographer's Assistant as defined in 10 CFR 34.2(c), until such time as Dayton X-Ray Company's program for training and qualification of Radio-graphers and Radiographer's Assistants has been upgraded, and approved by the Commission, and License No. 34-06943-01 has been amended accordingly."
Amendment No. 22, dated May 1, 1980, amended the license in its entirety.
License Condition 12 of that amendment designated Taylor as the only individual authorized to perform radiography. Amendment No. 23, dated June 13, 1980, changed License Condition 12 to permit radiography to be performed by indi-viduals who had completed the licensee's training program which was described in letters dated September 26, 1979, February 18, 1980, and May 14, 1980.
An investigation was conducted on October 20, 21 and 28, November 5 and December 3, 1980, and January 20-22 and March 2, 1981, in response to an allegation that unauthorized personnel were permitted to perform radiography.
During the investigation it was determined that from July 23, 1979, (the date of the Immediate Action Letter) to June 13, 1980, (the date of License Amend-ment No. 23 which lifted the named radiographer restriction) four individuals s
)
s,
,,. other than Taylor acted as radiographers.
This included the period May 1-June 13, 1980, when Amendment No. 22 to the license authorized only Taylor to act as a radiographer.
It was also determined that, contrary to the licensee's
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training program approved by the NRC, personnel were permitted to act as radio-graphers and radiographer's assistants before they demonstrated their competence to do so through written and practical examinations.
During the inspection that was conducted concurrent with the investigation described above, a total of nine violations were discovered.
Another inspec-tion was conducted on September 22-23, 1981.
During that inspection five violations were discovered.
From the foregoing, it is apparent that despite the NRC's identification of serious inadequacies in the licensee's program and demand for appropriate corrective action through two civil penalties, a license modificatic1, an Immediate Action Letter and several enforcement conferences, including at least two with NRC Headquarters staff, the licensee has not demonstrated the capacity to conduct its industrial radiography program in accordance with NRC regulatory requirements.
Particularly, the licensee has demonstrated an inability and unwillingness over a period of almcrt six years to assure that radiographic procedures were performed only by authorized personnel.
This has occurred even though the licensee assured the NRC that effective corrective actions had been implemented, and more recently, in direct contradiction of specific commitments by the licensee and a license condition.
o
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e
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i III Accordingly,' pursuant to Section 161b and Section 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations-in 10 CFR Parts 2, 20, 30
-and 34, IT IS HEREBY ORDERED THAT
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i The licensee show cause, as specified in Section IV of this Order, why-i License No. 34-06943-01 should not be revoked.
i IV 4
The licensee may, in accordance with 10 CFR 2.202, show cause within 30 days of f
the date of this Order by filing a written answer under oath or affirmation j
which sets forth matters of fact and law on which the licensee relies.
Upon failure of the licensee to file an answer within the specified time, the l
Director of the Office of Inspection and Enforcement may issue without further notice an Order revoking the license as described in Section III above.
V The licensee or.any other person who has an interest affected by this Order may request a hearing within 30 days of the date of this Order.
Any answcr to this Order or any request for hearing shall he submitted to the Director, Office of Inspection and Enforcement, U. S. Nuclear Regulatory Commission, Washington, t'
D.C.
20555.
Copies shall also be sent to the Secretary of the Cummission and
the Executive Legal Director at the same address.
If a person other than the licensee requests a hearing, that person shall describe specifically, in accord-ance with 10 CFR 2.714(a)(2), the person's interest and the manner in which that interest is affected by this Order.
If a hearing is repested by the licensee or other person who has an interest affected by this Order, the Commission will issue an Order designating the time i
and place of any hearing.
If a hearing is held, the issue to be considered at such hearing shall be:
Whether, on the basis of the matters set forth in Section II of this Order, License No. 34-06943-01 should be revoked as provided in Section III of this Order.
FOR THE NUCLEAR REGULATORY COMMISSION f
h Richard C. DeYou~ng, 9 ' tor Direc Office of Inspe,ction and Enforcement
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Dated at Bethesda, Maryland this 27 day of November 1981
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