ML20052C477
| ML20052C477 | |
| Person / Time | |
|---|---|
| Issue date: | 04/08/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20052C473 | List: |
| References | |
| EA-82-044, EA-82-44, NUDOCS 8205050025 | |
| Download: ML20052C477 (3) | |
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I Appendix l
AND PROPOSED IMPOSITIORF A CIVIL PENALTY Salisbury Engineering, Inc.
License No. 13-17877-01 1501 East Main Street Griffith, IN 46319 As a result of a special safety inspection conducted at Griffith, Indiana on February 3, 1982, it appears that several violations of NRC requirements I
have occurred.
The most significant violation relates to the licensee's failure to maintain constant surveillance and immediate control over a nuclear moisture-density gauge containing licensed radioactive material.
In addition, the licensee failed to evaluate film badge results and permitted use of licensed material by unauthorized individuals.
In order to emphasize the responsibility of licensees to properly control their licensed programs, NRC proposes to impose a civil penalty in i.he amount of Five Hundred Dollars.
In accordance with the NRC Enforcement Policy (10 CFR Part 2, Appendix C) 47 FR 9987 (March 9, 1982), 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 violation and the associated civil penalty is set forth in Section I below:
I.
CIVIL PENALTY VIOLATION 10 CFR 20.207(b) requires that licensed materials in an unrestricted I
area and not in storage shall be tended under the constant surveillance and immediate control of the licensee.
Contrary to the above, the licensee failed to maintain constant sur-veillance and immediate control over a nuclear moisture-density gauge that contained a 10-millicurie cesium-137 sealed source and a 50-millicurie americium-241 sealed source.
Specifically, on January 5, 1982, the licensee permitted an unlocked and unsecured carrying case containing the gauge to remain in the back of an open-bed pickup truck that was parked in a shopping center in Hammond, Indiana.
The gauge was not under the consti.nt surveillance and immediate control of the licensee for a period of about two hours.
When the driver returned the truck to the office the gauge was missing and has not been recovered.
This is a Severity Level III Violation (Supplement VI).
(Civil Penalty - $500)
Appendix 2
II.
VIOLATIONS NOT ASSESSED CIVIL PENALTIES A.
10 CFR 20.201(b) requires that each licensee shall make or cause
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to be made such surveys (evaluations) as may be necessary to comply with the regulations in Part 20.
Contrary to the above, no evaluation was made of two film badge readings in excess of regulatory limits.
Specifically, during the period September 15 through October 14, 1978 the film badge of an individual indicated a whole body dose of 1.72 rems and during the period July 15 through August 14, 1978 a second film badge indicated l
an individual received a whole body dose of 4.33 rems.
No evaluations were made by the licensee to determine the validity of these doses.
t Evaluations by the NRC determined that the film badges and probably i
not the iridividuals received the doses.
l This is a Severity Level IV Violation (Supplement IV)
B.
License Condition No. 12 requires that licensed material shall l
be used by or under the supervision and in the physical presence l
of three designated individuals.
Contrary to the above, 15 individuals not authorized by this license have routinely used licensed material while not in the physical presence of one of the designated individuals.
For example, between September 14 and December 17, 1981, two unauthor-ized individuals used nuclear moisture-density gauges containing licensed material on six separate occasions although they were not in the physical presence of any of the three designated authorized l
users.
This is a Severity Level IV Violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, Salisbury Engineering, Inc. is hereby required to submit to this office within thirty 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 that have been taken and the results achieved; (4) the corrective steps that will be taken to avoid further violations; and (5) the date when full compliance l
will be achieved.
Consideration may be given to extending your response i
time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Appendix 3
Within the same time as provided for the response required above under 30 CFR 2.201, Salisbury Engineering, Inc. may pay the civil penalty in the amount of Five Hundred Dollars or may protest imposition of the civil penalty in whole or in part by a written answer.
Should Salisbury Engineering, Inc.
fail to answer within the time specified, this office will issue an Order imposing the civil penalty in the amount proposed above.
Should Salisbury Engineering, Inc. elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:
(1) deny the violations listed in this Notice in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalties, the five factors contained in Section IV (B) of 10 CFR Part 2, Appendix C should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be l
set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., citing t
l page and paragraph numbers) to avoid repetition.
Salisbury Engineering, Incorporated's attention is directed to the other provisions of 10 CFR 2.205 l
regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due, which has been subsequently l
determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, 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 COMISSION Richard C.<0e oung irector l
OfficeofinspectionandEnforcement Dated at Bethesda, Maryland this 08 day of April 1982 l
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