ML20042C196
| ML20042C196 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20042C194 | List: |
| References | |
| EA-82-027, EA-82-27, NUDOCS 8203310014 | |
| Download: ML20042C196 (4) | |
Text
-
APPENDIX NOTICE OF VIOLATION AND PROPOSED IMPOSITI0H UF CIVIL PENALTIES Nuclear Energy Services, Inc.
License: 42-16559-01 Conam Inspection Division EA 82-27 Houston, Texas As a result of an investigation and inspection conducted at your Folcroft, Pennsylvania facility on July 23 - October 15, 1981, and October 15 - November 3, 1981, respectively, several violations of NRC requirements were identified in-cluding three serious violations in the areas of training, surveys, and control of access.
To emphasize the need for management involvement in the control of radiographic operations and the avoidance of. radiation exposures, the Nuclear Regulatory Commission proposes to impose civil penalties in the cumulative amount of Nine Thousand Dollars for these violations.
In accordance with the Interim Enforcement Policy, 45 FR 66754 (October 7, 1980), and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended ("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205, the particular violations and their associated civil penalties are set forth in Section I below:
I.
CIVIL PENALTY VIOLATIONS A.
10 CFR 34.31(a) requires that radiographers be trained in specified subjects and demonstrate an understanding of these subjects as well as competence in the use of radiography equipment.
Contrary to the above, the licensee permitted an individual without the required training, and prior to a demonstration of compete 1ce in the use of radiography eq..ipment, to perform radiography at a field site in Mahwah, New Jersey, on July 25, 1980.
This is a Severity Level III-violation (Supplement VII).
(Civil Penalty $5,000) 8203310014 820316 NHS LIC30 42-16559-01 ppg
Appendix B.
10 CFR 34.22(a) requires, in part, that during radiographic operations the sealed source assembly be secured in the shielded position each time the source is returned to that position.
10 CFR 34.43(b) requires that a physical radiation survey be made after each radiographic exposure to determine that the sealed source has been returned to its shielded position.
Contrary to the above, on June 9, 1981, the sealed source assembly had not been secured in the shielded position nor had a physical radiation survey been made to determine that the source had returned to its shielded position after a radiographic exposure.
This contributed to a radiographer receiving a radiation dose of about one rem.
This is a Severity Level III violation (Supplement IV).
(Civil Penalty $2,000)
C.
10 CFR 34.41 requires, in part, that during each radiographic operation, the radiographer or radiographer's assistant maintain direct surveillance of the operation to protect against unauthorized entry into a high radiation area.
Contrary to the above, the licensee failed to maintain direct surveillance over a radiographic operation on October 14, 1980, at a field site in Ridgewood, New Jersey, and allowed a member of the general public to enter a high radiation area.
This is a Severity Level III violation (Supplement VII).
(Civil Penalty $2,000)
II. VIOLATIONS NOT ASSESSED CIVIL PENALTIES A.
10 CFR 34.23 requires that locked radiographic exposure devices and storage containers be physically secured to prevent tampering or removal by unauthorized personnel.
Contrary to the above, the licensee failed to secure a locked radio-graphy camera, containing a 22 curie scurce, that was sitting on the bed of a vehicle at the licensee's Foluoft, Pennsylvania facility l
on July 23, 1981.
j This is a Severity Level IV violation (Supplement VII).
B.
10 CFR 34.33(b) requires that pocket dosimeters be read and exposures recorded daily.
l Contrary to the above, radiographers failed to record pocket dosimeter readings.four times during the period of February 25, 1981 through i-June 14, 1981.
In addition, on July 25, 1980, an employee incorrectly recorded his dosimeter reading as zero when the reading was 130 milliren.
This is a Severity Level V violation (Supplement VII).
Appendix Pursuant to the provisions of 10 CFR 2.201, Nuclear Energy Services is hereby
-required to submit to this office within 30 days of the date of this Notice a written statement or explanation, including for each alleged violation:
(1) admission or denial of the alleged violation; (2) the reasons for the violation, if admitted; (3) the corrective steps which have been taken and the results achieved; (4) the corrective steps which will be taken to avoid further viola-tions; and (5) the date when full compliance will be achieved.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response si1all be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, Nuclear Energy Services may pay the civil penalties in the cumulative amount of Nine Thousand Dollars or may protest imposi'. ion of the civil penalties in whole or in part by a written answer.
Should Nuclear Energy Services fail to answer within the time specified, this office will issue an order imposing the civil penalties in the amount proposed above.
Should Nuclear Energy Services elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer may:
(1) deny the violations listed in this Notice in whole.or in part; (2) demonstrate extenuating circumstances; (3) show error in the Notice; or (4) show other reasons why the penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.
Nuclear Energy Service's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalties due, which have been subsequently detennined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION Richaro C.
oung,[irector Office of pectio and Enforcement Dated at Bethesda, Maryland this 16th day of March 1982
Nuclear Energy Services, Inc. -
Distribution POR NSIC TIC SECY CA VStello, DED/ROGR RCDeYoung, IE JHSniezek, IE JLieberman, IE LICobb, IE FIngram,.PA JMurray, ELD (3)
VMiller, NMSS JCrooks, AE0D JCummings, OIA J. Collins, RIV
- DNussbaumer, OSP
'TWBrockett, IE EFlack, IE APuglise, CON Director, El Staff RI, RII, RIII, RIV, RV Central Files ES Files ED0 Reading File CP Book Texas Department of Health ATTN:
David K. Locker, Director-Division of Occupational Health &
Radiation Control 1100 West 49th Street Austin, Texas 78756 Pennsylvania Department of Environmental
- Resources ATTN:
Thomas M. Gerusky Bureau of Radiation Protection Fulton Building Third and Locust Streets-Harrisburg,-Pennsylvania 17120