ML20059A358

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Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept for License 50-29038-01 on 930822
ML20059A358
Person / Time
Site: 03032546
Issue date: 10/07/1993
From: Yuhas G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To: Grass C
QUALITY INSPECTION & TESTING
References
NUDOCS 9310260310
Download: ML20059A358 (1)


See also: IR 05000290/2038001

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Docket No.

030-32546

License No.

50-29038-01

Quality Inspection & Testing, Inc.

3111 Davis Road

Fairbanks, Alaska 99709

Attention:

Christian Grass, Radiation Safety Officer

Thank you for your letter of September 22, 1993, in response to our Notice of

Violation dated August 22, 1993, informing us of the steps you have taken to

correct the items which we brought to your attention.

Your corrective actions

will be verified during a future inspection.

Sincerely,

Cregory P. Yuhas, Chief

Radioactive Materials Safety Branch

bec w/ copy of ltr dtd 9/22/93:

Docket File

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B. Faulkenberry

State of Alaska

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Docket No.

030-32546

License No.

50-29038-01

Quality Inspection & Testing, Inc.

3111 Davis Road

Fairbanks, Alaska 99709

Attention:

Christian Grass, Radiation Safety Officer

SUBJECT: NOTICE OF VIOLATION

This refers to the inspection conducted by Troy W. Pruett of this office on

August 4 and 6, 1993. The inspection included a review of activities

authorized for your Fairbanks, Alaska facility and observations of activities

during radiographic operations performed at Tank Farm Number 6, Eielson Air

Force Base, Alaska.

The findings were discussed with you and other members

of your staff at the conclusion of the inspection.

The inspection was an examination of the activities conducted under your NRC

license as they relate to radiation safety and compliance with the

Commission's rules and regulations and the conditions of your license. Within

these areas, the inspection consisted of selective examinations of procedures

and representative records, interviews with personnel, and observatien of

activities in progress.

Based on the results of this inspection, certain of your activities appeared

to be in violation of NRC requirements, as specified in the enclosed Notice of

Violation (Notice). The violations are of concern because they demonstrate

the need for you to be more familiar with the requirements specified-in

Department of Transportation (DOT) regulations as they relate to the shipment

of hazardous radioactive material.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response.

In your

response, you should document the specific actions taken and any additional

actions you plan to prevent recurrence. After reviewing your response to this

Notice, including your proposed corrective actions and the results of future

inspections, the NRC will determino whether further NRC enforcement action is

necessary to ensure compliance with NRC regulatory requirements.

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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The responses directed by this letter and the enclosed Notice are not subject-

to the clearance procedures of the Office of Management and Budget as required

by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.

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Sincerely,

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Gregory P. Yuhas, Chief,

Radioactive Materials Safety Branch

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Enclosure:

Notice of Violation

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NOTICE OF VIOLATION

Quality Inspection & Testing, Inc.

Docket No.

030-32546

Fairbanks, Alaska

License No.

50-29038-01

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During an NRC inspection conducted on August 4 and 6,1993, violations of NRC

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requirements were identified.

In accordance with the " General Statement of

Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C,

the violations are listed below:

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A.

10 CFR 34.42 requires, notwithstanding any provision in 10 CFR 20.204(c),

that areas in which radiography is being performed be conspicueusly

posted as required by 20.203(c)(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 caution

symbol and the words " CAUTION HIGH RADIATION AREA."

Contrary to the above on August 6, 1993, during radiography performed at

Tank Farm Number 6, Eielson Air Force Base, Alaska, the licensee did not

post the high radiation area in which industrial radiography was being

performed.

This is a Severity Level IV violation (Supplement'VI).

B.

10 CFR 71.5(a) requires that a licensee who transports licensed material

outside of the confines of its plant or other place of use, or who

delivers licensed material to a carrier for transport, comply with the

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applicable requirements of the regulations appropriate to the mode of

transport of the Department of Transportation (DOT) in 49 CFR Parts 170

through 189.

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49 CFR 173.25 requires, in part, that for packages containing hazardous

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materials and transported in an overpack, that the overpack be marked

with a statement indicating the inside (inner) packages comply with

prescribed specifications when specification packagings are required,

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unless specification markings on inside packages are visible.

Pursuant

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to 49 CFR 172.101, radioactive material is classified as hazardous

material.

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Contrary to the above, as of August 4,1993, the licensee routinely

transported Gamma Century Model SA exposure devices containing up to 100

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curies of iridium-192 in overpacks which were not marked with the proper

statement indicating that the inner package complied with the prescribed

specifications; and the markings on the inside package were not visible.

This is a Severity Level IV violation (Supplement V).

C.

10 CFR 71.5(a) requires that a licensee who transports licensed material

outside of the confines of its plant or other place of use, or who

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delivers licensed material to a carrier for transport, comply with the

applicable requirements of the regulations appropriate to the mode of

transport of the DOT in 49 CFR Parts 170 through 189.

49 CFR 173.431 states, in part, that a Type A package shall not contain a

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quantity of radioactivity greater than A for special form radioactive

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material as listed in 49 CFR 173.435. The A quantity for iridium-192 in

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special form is 20 curies.

Contrary to the above, as of August 4, 1993, the licensee routinely

transported greater than 20 curies of special form iridium-192 in Gamma

Century Model SA exposure devices, a DOT Type 7A package.

(93-01-04)

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This is a Severity Level IV violation (Supplement V).

D.

License Condition 16 of License No. 50-29038-01 requires that licensed

material be possessed and used in accordance with statements,

representations and procedures contained in an application dated August

25, 1991.

Section 10, Item 10.1.1, of the license application dated August 25,

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1991, requires, in part, that each radiographer be audited at intervals

not to exceed 90 days.

Contrary to the above, as of August 4, 1993, the RSO/ radiographer has not

been audited.

This is a Severity Level IV violation (Supplement VI).

Pursuant to the provisions of 10 CFR 2.201, Quality Inspection & Testing, Inc.

is hereby required to submit a written statement or explanation to the U.S.

Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C.

20555, with a copy to the Regional Administrator, Region V, within 30 days of

the date of the letter transmitting this Notice of Violation (Notice). This

reply should be clearly marked as a " Reply to a Notice of Violation" and

should include for each violation:

(1) the reason for the violation, or, if

contested, the basis for disputing the violation, (2) the corrective steps

that have been taken and the results achieved, (3) the corrective steps that

will be taken to avoid furthe violations, and (4) the date when full

compliance will be achieved.

If an adequate reply is not received within the

time specified in this Notice, the Commission may issue an order or a Demand

for Information as to why the license should not be modified, suspended, or

revoked, or why such other action as may be proper should not be taken.

Where

good cause is shown, consideration will be given to extending the response

time.

Dated at Walnut Creek, California

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this # day of August 1993

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