ML20055D147
| ML20055D147 | |
| Person / Time | |
|---|---|
| Issue date: | 06/26/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20055D145 | List: |
| References | |
| EA-90-095, EA-90-95, NUDOCS 9007050024 | |
| Download: ML20055D147 (4) | |
Text
s s.
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Mississippi X-Ray Service, Inc.
Docket No.
150-0023 Wesson, Mississippi-General License 10 CFR 150.20 EA 90-095 l
i During the Nuclear Regulatory Commission (NRC) inspection conducted on April 26, 1990, violations of NRC requirements were identified.
In accordance with the
" General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1990), the Nuclear Regulatory Counission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:
10 CFR 150.20(a) grants a general license to any person holding a specific license from an Agreement State to conduct the same activity in non-Agreement States. The licensee holds specific Mississippi License No. MS-292-01, authorizing radiography, and was performing radiography in Virginia, a non-Agreement State.
10 CFR 150.20(b) provides, in part, that a person granted a general license under 10 CFR 150.20(a) is subject to the provisions of 10 CFR Part 34, Subpart B, when engaged in activities in a non-Agreement State.
A.
10 CFR 34.41 requires that a radiographer or radiographer's assistant maintain direct observation of the radiographic operation to protect against unauthorized entry into a high radiation area as defined in 10 CFR Part 20, except where the high radiation area is equipped with a control device or alarm system, or locked.
Contrary to the above, on April 26, 1990, at a field site near Richmond, VA, neither the radiographer, nor his assistant, maintained direct surveillance of the radiographic operation to protect against entry into the high radiation area, and the high radiation area was not equipped with a control device or alarm system or locked. Specifically, neither the radiographor nor his assistant was observing activity in the un-controlled area 20-25 feet from the radiographic exposure site, and the area became occupied by the inspector and a member of the public, both of whom could have entered the high radiation area without observation by the radiographer or his assistant.
B.
10 CFR 34.42 requires, notwithstanding any provisions in 10 CFR 20.204(c),
that areas in which radiography is bein as required by 10 CFR 20.203(b) and (c)g performed be conspicuously posted (1).
10 CFR 20.203(b) requires that each radiation area shall be conspicuously posted with a sign or signs bearing the radiation caution synbol and the words " CAUTION RADIATION AREA."
9007050024 900626 NMSS SUBJ PDC i.
3 Notice of Violation 1 10 CFR 20.203(c)(1)- requires that each high radiation area shall be conspicuously posted with a sign or signs bearing the radiation symbol and the words " CAUTION HIGH RADIATION AREA."
Contrwy to the above, on April 26, 1990, there was no posting of the radiation area and the high radiation area in which radiography was being performed.
C.
10 CFR 34.43(b) requires, in part, the licensee to ensure that a survey with a calibrated and operable radiation survey instrument is made after each radiographic exposure to determine that the sealed source has been returned to its shielded position.
Contrary to the above, on April 26, 1990, a licensee radiographer did not perform a survey after each of four radiographic exposures to determine
'that the sealed source had been returned to its shielded position.
D.
10 CFR 150.20(b) (1) requires, in part, that any person engaging in activities in non-Agreement States under a general license shall, at least three days before engaging in that activity (i.e., radiography),
file co States,gies of Form-241, " Report of Proposed Activities in Non-Agreement and copies of its Agreement State specific license with tire Regional Administrator for the Region in which the Agreement State that issued the license is located.
Contrary to the above, no Form-241 or copy of Mississippi License No.
MS-292-01 was filed with Region II prior to commencement of radiography activities during April 1990 near Richmond, Virginia.
This is a Severity Level III problem (Supplement VI).
Cumulative Civil Penalty - $7,500 (assessed equally among the four violations.)
i Pursuant to the provisions of 10 CFR 2.201, Mississippi X-Ray Service, Inc.,
-l (Licensee) is hereby required to submit a written statement or explanaticn to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penaltv-(Notice).
of Violation" and should include for each alleged violation:This reply should be c (1 admission or denial of the alleged violation,(3) the corrective steps that have been taken (2) the reasons for the violation if admitted and if denied, the reasons why, andtheresultsachieved(5)thedatewhenfullcompliancewillbeachieved.(4) the c further violations, and If an adequate reply is not received within the time specified in this Notice, an
)
order may be issued to show cause why the license should not be modified, L
suspended, or revoked or why such other action as may be proper should not be I
taken. Consideration may be given to extending the response time for good cause t
shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this i
response shall be submitted under oath or affirmation.
1
c Notice of Violation t Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Conmission, with a check, draf t, or money order or electronic transfer payable to the Treasurer 1
of the United States in the amount of the civil penalties if more than one i
civil penalty is proposed, or niay protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail to answer within the time specified, an order imposing 1
the civil penalty will be issued.
Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Viola-tion" and 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 renaission or mitigation of the penalty.
In requesting mitigation of the proposed penalt Section V.B of 10 CFR Part 2, Apaendix C (1990)y, the factors addressed in i
, should be addressed. Any written answer in accordance witi 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 parts of the 10 CFR 2.201 reply by specific reference (e.g.,
citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.
Upon failure to pay the penalty due, which subsequently has been 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 the Act, 42 U.S.C 2282c.
The responses noted above (Reply to a Notice of Violation, letter with payment of civil penalty and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTN:
Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, U. S. Nuclear Regulatory Commission, Region 11.
FOR THE NUCLEAR REGULATORY COMMISSION Jg
. Thomp e uty Executive i
ctor for Nuclear Mater is Safety, Safeguards, and Operations Support Dated at Rockville, Maryland this&% day of LM_1990
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