ML20046A930
| ML20046A930 | |
| Person / Time | |
|---|---|
| Issue date: | 07/26/1993 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Moscarello B External (Affiliation Not Assigned) |
| Shared Package | |
| ML20046A931 | List: |
| References | |
| EA-93-189, NUDOCS 9308020111 | |
| Download: ML20046A930 (4) | |
Text
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- [O arcL,*o UNITED STATES NUCLEAR REGULATORY COMMISSION O'
REGION lil n
~h 799 ROOSEVELT ROAD 9
'f GLEN ELLYN, ILUNOIS 60137-5927 o
/
July 26, 1993 General Licensee i
[10 CFR 150.20]
EA 93-189 E.S.C.
Resources, Inc.
.i ATTN:Mr. Bart Moscarello l
President 1603 Terri Circle Naperville, IL 60563 Dear Mr. Moscarello
SUBJECT:
NOTICE OF VIOLATION This refers to our review of your licensed activities in non-Agreement States as authorized by 10 CFR 150.20.
You volunteered information to us in June 1993 that you had unknowingly conducted licensed activities in non-Agreement States without filing the proper forms with the NRC prior to conducting these activities.
On July 20, 1993, you were offered the opportunity for an enforcement conference but declined.
Based on the information which you provided to us verbally at the Region III offices in June, and followup written information in letters dated June 3, 1993, and July 12, 1993, the NRC learned that E.S.C.
Resources, Inc, an Agreement State licensee with the State of Illinois, had performed licensed activities in non-Agreement States and had not complied with the reciprocity requirements of 10 CFR 150.20.
Specifically, E.S.C.
Resources failed to provide proper notification to the NRC (via Form 241) on five occasions between 1991 and 1993 that it was performing licensed work in non-Agreement States.
This work normally consisted of a combination of repairing or replacing the wiring, limit switches, shutter' air cylinders, and shutter assemblies for source devices.
You do not possess nor work directly with radioactive sources.
The violation of 10 CFR 150.20 is described in the enclosed Notice of Violation and is categorized at Severity Level III in accordance with the
" Statement of Policy and Procedure for NRC Enforcement Actions,"
(Enforcement Policy) 10 CFR Part 2, Appendix C.
The root cause 01' the violation and the subsequent corrective actions were discussed with you on June 3, 1993, when you visited the Region III
- offices, an in several subsequent telephone conversations.
Initially, ysu had called Region III on June 1,
1993, to notify the NRC of the potential violation.
During that CERTIFIED MAIL RETURN RECEIPT REQUES_TED M01 '*
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Resources, Inc.
2 July 26, 1993
'l conversation you were informed that you are required to file the required reciprocity forms.
As a result of that call, you personally visited the Region III office on June 3 and delivered the approved forms in addition to the required fees.
The major factor contributing to the violation appeared to be your misunderstanding or lack of knowledge of the conditions of your State of Illinois specific license pertaining to temporary job sites and the reciprocity process.
The NRC recognizes that you immediately corrected the violation and that you plan to inform us of regularly scheduled visits to NRC non-Agreement States and also update us of your schedule changes.
The NRC relies on Agreement State licensees to notify us whenever licensed activities are performed in non-Agreement States.
It is incumbent on such licensees to be aware of these reporting requirements and to be responsible for making the reports.
Failure to report is a serious matter because it denies the NRC' the opportunity to inspect licensed activities while the work is being done and thereby removes the NRC's ability to perform its function
.)
of verifying that licensed activities are performed in a safe manner.
Therefore,-to emphasize the need of the importance to adhere to regulatory requirements, I am issuing the enclosed Notice I
of Violation for this Severity Level III violation.
.)
In accordance with the Enforcement Policy a civil penalty is considered for a Severity Level III violation.
However, I have been authorized not to propose a civil penalty in this case because you identified the violation and were forthright in promptly notifying the NRC; you visited the Region III of fices to personally discuss the issue with the NRC technical staff.
During this visit you also filed the proper reciprocity forms and paid the required fees.
Your forthrightness is to be commended.
2 You are required to respond to this letter and should follow the instructions specified in the enclosed Notice of Violation (Notice)
.nen preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to take to prevent recurrence.
After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
I In accordance with 30 CFR 2.790 of the NRC's " Rules of Practice,"
a copy of this letter and its enclosure will be placed in the NRC
-Public Document Room.
i E.S.C.
Resources, Inc.
3 July 26, 1993 J
The responses directed by this letter and the enclosed Notice are
- )
not subject to the clearance procedures of the Office of Management j
and Budget as required by the Paperwork Reduction Act of 1980, l
-Pub.
L.
No.96-511.
Sincerely,
,' f h k
John B.
Martin l
Regional Administrator i
Enclosure-1 Notice of Violation cc w/ enclosure:
DCD/DCB(RIDS)'
Ste.te of Illinois, Department j
of Nuclear Safety i
i I
1
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E.S.C.
Resources, Inc.
4 July 26, 1993 DISTRIBUTION:
1 SECY I
CA
-J.
Taylor, EDO H.
Thompson, DEDS J.
Sniezek, DEDR
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i J.
Lieberman, OE i
L.
Chandler, OGC i
J.
Goldberg, OGC l
R.
Bernero, NMSS i
C.
Paperiello, NMSS Enforcement Coordinators RI, RII, RIV, RV F.
Ingram, GPA/PA D.
Williams, OIG B.
Hayes, OI-V.
Miller, SP i
E.
Jordan, AEOD t
R.
Caniano, RIII J.
Lynch, RIII I
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PAO:RIII IMS:RIII i
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