ML20042C193
| ML20042C193 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Creech B NUCLEAR ENERGY SERVICES, INC. |
| Shared Package | |
| ML20042C194 | List: |
| References | |
| EA-82-027, EA-82-27, NUDOCS 8203310009 | |
| Download: ML20042C193 (3) | |
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in" License No. 42-16559-01 EA 82-27
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Nuclear Energy Services, Inc.
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Conam Inspection Division 6
46' "o - /s ATTN: Mr. Boyd Creech Qx h g'd ["'
President
/U'I 6106 Rookin Street Houston, TX 77074 Gentlemen:
This refers to the investigation conducted by Region I personnel inter-mittently during the period October 15 to November 3,1981, at your Folcroft, Pennsylvania office, concerning allegations that Conam Inspection Division allowed an employee to conduct radiography without training in required subjects and without a demonsta cion of his understanding of these subjects.
This allegation was substantiated in sworn statements and by field records.
This letter also refers to the Region I inspection conducted intermittently during the period July 23 to October 15, 1981, of your radiation protection program at the Folcroft, Pennsylvania site where two other serious violations were noted. One violation identified the failure to perform a radiation survey after a radiographic operation which resulted in a radiographer receiving a radiation dose of about one rem.
The other serious violation was your radiographer's failure to maintain direct surveillance of radiographic operations, which resulted in a member of the public entering a high radiation area. Two other violations of a lower severity level were also identified and are listed in the Notice of Violation enclosed in the. Appendix to this letter.
Discussions of these findings were held during an enforcement conference at the Region IV office on January 26, 1982, by Mr. Karl V. Seyfrit and other members of the Region IV staff with you and other members of the Conam Inspection Division staff.
Other areas of. concern were identified in our investigation and inspection. An allegation concerning the firing of a Conam worker who reported events to the NRC has been referred to the Department of Labor. Other concerns regarding questions and allegations with respect to Conam's involvement in back dating training records and the encouragement of workers to enter zero for exposures are still under consideration by NRC.
g CERTIFIED MAIL RETURN RECEIPT REQUESTED B203310009 820316 NMS LIC30 42-16559-01 PDR
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2 Nuclear Energy Services The violations in the Appendix to this letter, when taken in total, indicate a breakdown in management control at your Folcroft, Pennsylvania site.
In order to emphasize the need for management involvement in the control of radiographic operations and the avoidance of radiation exposures, we propose to impose a civil penalty in the cumulative amount of Nine Thousand Dollars for items in the Notice of Violation which have been categorized at the severity levels described in accordance with the Interim Enforcement Policy published in the Federal Register, 45 FR 66754 (October 7, 1980).
For purposes of assessing a civil penalty, Items A, g
B, and C of Part I in the attached Notice of Violation have been segregated into three separate problem areas.
These are training, surveys, and control of access.
A civil penalty is being proposed for each separate problem area.
Items A, B, and C of Part I are classified as Severity Level III violations and are normally assessed $4,000 for each violation. After careful consideration of these specific violations, we have determined $5,000 should be assessed for Item A and $2,000 each for Items B and C.
Item I.A is increased 25 percent because we believe, based upon the results of our investigation, that the manager at your Folcroft, Pennsylvania Office knew in advance that untrained individuals were to perform radiography and did not prevent it.
We gave consideration to taking additional enforcement action as a result of the circumstances regarding Item I.A.
However, in view of your action to replace the general manager at your Folcroft, Pennsylvania Office, we do not intend to do so provided the corrective action submitted with your response to this Notice of Violation is acceptabic.
Items I.B and I.C were reduced based up;n the circum-stances surrounding the violations including that the violations were licensee identified and no significant exposures resulted.
You are required to respond to the Appendix, and in preparing your response you should follow the instructions specified in the Appendix.
In your response also include measures you will take to assure that an appropriate level of management oversight is being exercised to assure that: (1) unqualified personnel are not permitted to perform radiography, and (2) all Conam personnel are properly trained and adhere to all NRC regulatory requirements.
In addition, include what actions upper level management plans to take to assure these measures are implemented.
As you are aware, Section 210a of the Energy Reorganization Act of 1974 prohibits any NRC, licensee from discharging or otherwise discriminating against any employee because the employee informed or assisted the NRC in the conduct of investiga-tions or inspections. Therefore, your response should also include measures to assure that your employees at all levels are free to contact the NRC without
.any fear of discrimination or reprisal.
Your response to this letter and Appendix and your corrective actions will be considered in determining whether additional enforcement actions are warranted.
The responses directed by this letter and the accompanying Notice are not subject i
to the clearance procedures of the Office cf Mangement and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.
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t Nuclear Energy' Services In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.
Sincerely, Wi.h,:
Ribh'a'r'd 'C. DeYoung, Director Office of Inspection and Enforcement-
Enclosure:
Appendix - Notice of Violation and.
Proposed Imposition of Civil Penalties 1
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