ML20041B362

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IE Investigation Rept 81-01 on 811013-15.No Noncompliance Noted.Major Areas Investigated:Anonymous Allegations That American Testing Labs,Inc Was Using,Storing & Transporting Radioactive Sources W/O Proper License
ML20041B362
Person / Time
Issue date: 02/08/1982
From: Brown G, Driskill D, Gagliardo J, Whitten J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20041B358 List:
References
IDA-166-81-01, IDA-166-81-1, NUDOCS 8202230572
Download: ML20041B362 (5)


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APPENDEX-U.'S.

NUCLEAR' REGULATORY. COMMISSION-Region IV Investigation-Report No.

81-01 Idaho State License No.:

IDA-166 Licensee: American Testing Laboratories, Inc.

2580 South West Temple Salt Lake City, Utah Facility:

American Testing Laboratories,.Inc.

Investigation at: -Salt Lake City, Utah Investigation Conducted:

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= Summary Investigation ~on October 13-15, 1981 (Idaho State License: IDA-166/81-01)

Area Investigated On 0ctober 1, 1981, an anonymous letter was received by the U. S. Nuclear

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Regulatory Commission, Region IV, Arlington, Texas, alleging that American Testing Laboratories, Inc., Salt Lake City, Utah,.was utilizing, storing, and

-transporting radioactive sources without being properly licensed and without requiring operators to utilize the required dosimetry devices.

This investi-gation involved-18 hours by-one NRC investigator and one NRC' inspector.

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Results Investigation determined that American Testing Laboratories, Inc.,was utilizing three Troxler, model 3401B, Soil Density Gauges, in the State of Utah, without having obtained the required NRC license.

It was additionally determined that American Testing Laboratories, Inc., currently maintained a Idaho State license for the use of Soil Density Gauges in that state.

It was determined that these gauges have been in use, in Utah, for approximately 2 years, which violates the reciprocity agreement (180 days) authorized by 10 CFR 150.2 for firms maintaining a state license in an agreement state.

It was additionally determined that American Testing Laboratories, Inc., did not maintain nor provide employees with the required dosimetry devices.

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l Introduction Reason for Investigation On October 1, 1981, NRC, Region IV, received an anonymous letter alleging that American Testing Laboratories, Inc.,_was utilizing, storing, and transporting I

equipment containing radioactive sources without being licensed and without providing operators with the required dosimetry devices.

Summary of Facts On'0ctober 1, 1981, NRC, Region IV, received an anonymous letter alleging that American-Testing Laboratories, Inc., Salt Lake City, Utah, was utilizing, storing, and transporting Soil Density Gauges, containing cesium and americium, without an NRC license.

The letter further stated this exemplified American Testing Laboratories, Inc.'s, " blatant disregard for the NRC rules and regulations governing radioactive sources and their application in Salt Lake City."

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4 Details 1.

Persons Contacted Roger Sheperd, Owner, American Testing Laboratories, Inc.

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Investigation Allegation No. 1 American Testing Laboratories, Inc., is utilizing, storing, and transporting radioactive material without an NRC license and the firm's employees are not being provided with the required dosimetry devices.

Investigative Findings On October 14, 1981, Mr. Roger Sheperd, owner and manager of American Testing Laboratories, Inc., was interviewed. When questioned regarding his firm's possession and use of Soil Density Gauges, containing cesium and americium, Mr. Sheperd stated his firm owns four Troxler, model 3401B, Soil Density Gauges, containing cesium and americium.

He stated one was located in his firm's office in Idaho Falls, Idaho, and three were located and being used in the State of Utah. When queried concerning his firm's license (with NRC) to utilize this equipment, Mr. Sheperd stated he did not have an NRC license and was not aware that an NRC license was required.

Mr. Sheperd stated that his firm had a state of Idaho radio-active materials license which was used as the license to purchase the soil density gauges and which authorized his firm to use the gauges in the state of Idaho.

Mr. Sheperd provided records concerning the gauges which confirmed that all four were purchased in 1979.

He stated that the three gauges currently in use in the State of Utah had been in use there continuously since being received in 1979, without his firm's having filed NRC Form 241 as required by 10 CFR 150.20.

Mr. Sheperd was apprised of the appropriate regulatory requirements regarding his firm's possession and use of radioactive byproduct material and the applicable reciprocity requirements.

Mr. Sheperd verbally agreed to sequester the three Soil Density Gauges currently in Utah until such time as his firm had received an NRC license or until the required NRC Form 241 was submitted. When questioned concerning the use of dosimetry devices by his employees, Mr.

Sheperd stated that his firm did not currently provide these devices; however, he would take immediate action to ensure that dosimetry devices were obtained for future use by his employees.

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.Immediate Action Letter.

'On October 15, 1980, NRC, Region IV office forwarded an Immediate Action

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letter to American Testing Laboratories,-Inc., detailing their noncompliance with NRC Lregulations.

In accordance with Mr. Sheperd's previously stated intentions, the. letter requested that:

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American Testing Laboratories, Inc., discontinue the use of and remove the byproduct material from Utah until such time as an NRC license can be issued.

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American Testing Laboratories, Inc., make application for an NRC license to cover their activities in Utah or submit a Form NRC 241 authorizing their activities in Utah for 1982.