ML20055D146
| ML20055D146 | |
| Person / Time | |
|---|---|
| Issue date: | 06/26/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Russell H MISSISSIPPI X-RAY SERVICE, INC. |
| Shared Package | |
| ML20055D145 | List: |
| References | |
| EA-90-095, EA-90-95, NUDOCS 9007050023 | |
| Download: ML20055D146 (5) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of I
Mississippi X-Ray Service, Inc.
Docket No.
150-00023 i
Wesson, Mississippi General License 10 CFR 150.20 EA 90-095 ORDER MODIFYING LICENSE (EFFECTIVEIllMEDIATELY)
I Mississippi X-Ray Service, Inc., (Licensee) is the holder of Radioactive Material License No. MS-202-01, issued by the State of Mississippi, an Agreement State, which authorizes the licensee, in part, to possess and use sealed radio-active sources in various radiography exposure devices for the performance of industrial radiography in accordance with the conditions specified in the license. The license was most recently renewed on May 23, 1989.
The licensee is also the holder of a General License granted by the Nuclear Reg:htory Commission ("NRC"or" Commission")pursuantto10CFR150.20toconductthe same activity in non-Agreement States.
II On April 26, 1990, an NRC inspection was conducted at a field site near Richmond, Virginia, a non-Agreement State, where radiography was being performed by licensee personnel.
Violations of NRC regulations were ide:tified during radiography performed on a pipeline temporarily located above ground. The specific violations, which were identified by an NRC inspector during observa-l -
tions of four radiographic exposures, involved the failures by the individuals performing the radiography to:
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survey the radiographic exposure device after each of the four radiographic exposures,asrequiredby10CFR34.43(b);
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maintain direct surveillance of the high radiation area (created whenever I
the source was exposed), as required by 10 CFR 34.41, in that the indivi-dual faced away from the pipeline during the entire time of each of the four exposures. During one of these exposure periods, a non-radiation worker not associated with the pipeline construction drove a forklift within approximately 20-25 feet of the exposed source; and 3.
post required signs showing the radiation area and high radiation area, as requi ed by 10 CFR 20.203(b) and (c) pursuant to 10 CFR 34.42, in that there were no signs posted in the areas where radiography was being performed.
111 The performance of licensed activities requires use of appropriate procedures,
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training of personnel regarding those procedures, and meticulous attention to i
detail by implementing personnel to ensure that these activities are conducted-safely in accordance with regulatory requirements.
This attention is particu-larly important during the perforuance of radiography given the high radiation levels of the radioactive sources that are used. The failure tc ;,roperly control the use of the radiography devices could result in significant exposure of individuals, both employees and members of the general public, to radiation.
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- . !J The NRC inspection disclosed that the two radiographers involved in this work on April 26, 1990 at a field site near Richmond, VA were very experienced and fully knowledgeable of the regulatory and safety requirements associated with radiography operations. Yet, they stated that they had yielded to production pressure from the client to complete the work rapidly, thereby demonstrating at least careless disregard for known safety requirements.
4 It is apparent from the violations of requirements that there was insufficient control of licensed activities performed by the licensee's employees, in order to assure adherence with the Commission's requirements. Therefore, the notification requirement specified below is necessary to provide the opportunity for NRC to conduct further inspections to assure that activities conducted under the General License (10 CFR 150.20) will be performed safely and in compliance with the Consaission's requirements. Because of the inspection findings indicated above, protection of the health, safety, and interest of the public, as well as i
the licensee's employees, requires that these actions be made effective immediately.
Further, I have determined that no prior notice under 10 CFR 2.201 is required.
IV Accordingly, pursuant to sections 81,161b,161c,1611,1610,182 and 186 of the Atomic Energy Act of 1954, as amended, and the Connission's regulations in 10 CFR 2.204 and 10 CFR Parts 30 and 34, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT THE LICENSE SHALL:
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.i For a period of one year, in addition to the requirement in 10 CFR i
150.20(b)(1), notify NRC Region II, by 9:00 a.m. (Central time) Monday
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1 (or Tuesday, if Monday is a federal holiday) of each week, of the field sites in non-Agreement states where radiography is planned that week, as well as the specific date and time that the radiography is planned.
If-unplanned work arises after the Monday notification, the new work cannot be done in a non-Agreement state unless NRC has been provided 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> l
notice. Notification shall be made to William E. Cline, Chief, Nuclear Materials Safety and Safeguards Branch, or his designated representative, at (404) 331-0346.
i The Regional Administrator, NRC Region II, may, in writing, relax or terminate the above condition upon demonstration by the Licensee of good cause.
V The Licensee or any
'.oer person adversely affected by this Order may submit 1
an answer to th, Order wi? - twenty days of the date of this Order. The answer may set **-
.c e ters of law on which the Licensee or other person adversely affec +d M a,s :. ;he reasons as to why the Order should not have been issued. An s
. e F.ed within twenty days of the date of this Order may also request a hearing. Any answer or request for a hearing shall be submitted to the Secretary, U.S. Nuclear Regulatory Counission ATTN: Chief, Docketing and Service Section, Washington, DC 20555.
Copies of the hearing request also shall be sent to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, the Assistant General Counsel for llearings
. and Enforcement at the same address, and to the Regional Administrator, Region II,101 Marietta Street, Suite 2900, Atlanta, Georgia 30323.
If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714(d).
In the absence of any regat for a hearing within the specified time, this Order shall be final without far h r Order or pr?teedings. A REQUEST FOR A HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF This CaER.
If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Conmission will issue an Order designating the time and place of any hearing.
If a hearing is held, the issue to be considered at the hearing shall be whether this Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION
/?
Hg L. Thomps
, Jr e ty Executive D r tor for Nuclear Mate s Safety, Safeguards, and Operations upport Dated Rockville, Maryland this & ay of June 1990