ML20044H512

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Forwards Radiation Safety Insp Rept 15000042/92-01 on 920423-24.Violations Noted
ML20044H512
Person / Time
Issue date: 06/04/1993
From: Callan L
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Couch O
PANHANDLE NDT & INSPECTION, INC.
Shared Package
ML20044H513 List:
References
NUDOCS 9306090132
Download: ML20044H512 (4)


See also: IR 015000042/1992001

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Docket No.

15000042

General License 150.20

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EA 92-077

Panhandle N.D.T. & Inspection, Inc.

ATTN:

Orvil Couch, President

1203 Industrial Boulevard

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P.O. Box 1474

Borger, Texas 79008

SUBJECT:

NRC INSPECTION REPORT 15000042/92-01 AND 01 INVESTIGATION CASE

NO. 4-92-004

This is in reference to the special, unannounced inspection conducted by

Mr. Selvan Rajendran of this office on April 23-24, 1992, of radiography

activities conducted by Panhandle N.D.T. & Inspection, Inc. (Panhandle) in NRC

jurisdiction.

These radiography activities were conducted under the terms of

10 CFR 150.20, using Byproduct Materials License LO 2627 issued by the state

of Texas.

Additionally, this is in reference to an investigation conducted by

NRC's Office of Investigations (01) to determine whether Panhandle or its

employees intentionally violated NRC requirements.

Areas examined during the inspection are identified in the enclosed inspection

report. Within these areas, the inspection consisted of selective examination

of procedures and representative records, and interviews of personnel. At the

conclusion of the inspection, the findings were discussed with members of your

c+ ,f f iden+ ified in tH enclo u d rer -+

Based on the results of this inspection and the conclusions reached during the

01 investigation, three violations of NRC requirements were. identified. Two

of these violations, the failure to use alarm ratemeters during radiography

and the failure to file NRC Form 241 for activities conducted in NRC'

jurisdiction in 1991 and early 1992, are significant violations and normally

are cause for consideration of monetary civil penalties or other escalated

enforcement action in accordance with the " General Statement of Policy and

Procedure for NRC Enforcement Actions" (Enforcement Policy), 10 CFR Part 2,

Appendix C.

However, because NRC issued an immediately effective order on

,

May 18, 1992, which indefinitely suspended Panhandle's authority to work in

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non-Agreement States under the terms.of 10 CFR 150.20, no 1ditional

enforcement action is being taken.

The investigation conducted by 01 focused on Panhandle's failure to file NRC -

Form 241 as required by 10 CFR 150.20, and on the failure of Panhandle

radiography personnel to wear alarm ratemeters as roquired by 10 CFR 34.33(a).

The 01 investigation determined that Panhandle deliberately conducted

radiographic operations in NRC jurisdiction in 1991 and 1992 without filing

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the required NRC Form 241 and confirmed that Panhandle had not purchased alarm

ratemeters for use by Panhandle radiography personnel while conducting

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radiography within NRC's jurisdiction. A copy of the investigative synopsis

is enclosed for your information.

Panhandle is not required to respond to this report or to the violations that

are identified.

Panhandle is advised that any violation of the' terms of the

May 18, 1992, Order may be considered willful and may. subject Panhandle or

individuals involved in '+e commission of such violations to criminal or civil

sanctions.

Should Panhanole wish to resume radiography activities within NRC

jurisdiction, you may, as indicated in the Order, request in writing that the

,

terms of the May 18, 1992, Order be relaxed or rescinded.

You should be

prepared to discuss any corrective actions you have taken relative to the

violations identified in this report, and to discuss why the NRC should have

confidence that Panhandle will comply with NRC requirements in the future.

Any such request should be addressed to James L. Milhoan, Regional

Administrator, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas,

76011.

,

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of

this letter and its enclosures will be placed in the NRC Public Document Room.

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If you have any questions concerning this letter, please contact Mr. Fisher or

me at (817) 860-8100.

Sincerely,

,

,

L. J.

lan, Director

Divis ion of Radiation Safety

ancL6afeguards

Enclosures:

1.

Appendix - NRC Inspection Report

15000042/92-01

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2.

01 4-92-004 Synopsis

cc w/ enclosures:

Texas Radiation Control Program Director

Oklahoma Radiation Control f .

3. ni Director

New Mexico Radiation Control Program Director

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