ML20059M921

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Forwards Draft Cover Ltr,Insp Rept 99990001/93-12 & NOV as Result of Notification of Nuclear Gauge Stolen from Wysox,Pa Facility
ML20059M921
Person / Time
Issue date: 09/22/1993
From: Shanbaky M
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Potter J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
References
REF-QA-99990001-930922 NUDOCS 9311300001
Download: ML20059M921 (11)


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UNITED STATES

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'h NUCLEAR REGULATORY COMMISSION 5j REGION 1 o,

c 475 ALLENDALE ROAD

%.....,d' KING OF PRUSSIA, PENNSYLVANIA 19406-1415 SEP 2 21993 MEMORANDUM FOR:

John P. Potter, Chief Nuclear Materials Licensing Section Division of Radiation Safety and Safeguards, Region II FROM:

Mohamed M. Shanbaky, Acting Chief Industrial Applications Section Division of Radiation Safety and Safeguards, Region I

SUBJECT:

SPECIAL ASSIST INSPECTION OF GROUND ENGINEERING AND TESTING SERVICE, INC.

(ALABAMA LICENSE NO.1022)

Ground Engineering and Testing Services, Inc. ((iETS) is a State of Alabama Licensee.

GETS personnel were performing licensed activities at a specific location in NRC Region I after reciprocity approval.

As a result of Region I being notified by GETS, that a nuclear gauge was stolen, an inspection was conducted at the Bradford Town Plaza in Wysox, Pennsylvania. The inspector determined that GETS personnel we,re. performing activities at a location other than what was approved in the reciprocity form. No security violation of radioactive materials was identified, however, GETS did not comply with the reciprocity approval.

j Enclosed for your review are a draft cover letter, a draft Appendix A, " Notice of Violation",

and an Inspection Feeder Report.

If we can be of any further assistance, please call me at (215) 337-5209, or Mr. Richard Gibson, Jr. at (215) 337-5071.

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n Mohamed M. Shanbaky, Acting Chief Industrial Applications Section Division of Radiation Safety and Safeguards l

l 9311300001 930922 REC 2 GA999 EECGRUNC 99990001 PDR-T$f I//

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e DRAFT Docket No. 99990001 License No. Alabama 1022 Ground Engineering and Testing Service, Incorporated ATTN: Ralph Atwater Huntsville Branch Manager 4814 Commercial Drive Huntsville, Alabama 35816

Dear Mr. Atwater:

SUBJECT:

Special Inspection No. 99990001/93-012 i

On August 31,1993, Mr. Richard Gibson, Jr. of the Region I office conducted a special i

safety inspection at Bradford Town Plaza, Wysox, Pennsylvania of activities authorized by the above listed NRC license. The inspection was an examination of your licensed activities i

as they relate to radiation safety and to compliance with the Commission's regulations and the license conditions. The inspection consisted of observations by the inspector, interviews with personnel, and a selective examination of representative records. The findings of the inspection were discussed with Edward Putman, Field Technician (GETS) at the conclusion of the inspection.

A cory of the NRC inspection report is enclosed.

This also refers to the telephone conversation on September 1,1993 between Mr. Richard Gibson, Jr. of this office and Mr. Dave Mandel, Technician Manager (GETS),.

and Mr. Steve Freedman, Radiation Safety Officer (GETS).

i Based on the results of this inspection, it appears that one of your activities was not conducted in full compliance with NRC requirements. A Notice of Violation is enclosed as Appendix A and categorizes the violation by severity level in accordance with the _" General -

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Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (Enforcement Policy). You are required to respond to this letter and in preparing your response, you should follow the instructions in Appendix A.

i OFFICIAL RECORD COPY - S:\\PENDING\\GRNDENGR. INS - 09/15/93 J

f

DRAFT l

Ground Engineering and Testing '

Service, Incorporated Please use the enclosed self-addressed green envelope when you respond to this letter to assist us in the timely processing of your response. In accordance with Section 2.790 of NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy'of this letter and your reply will be placed in the Public Document Room. The responses directed by this letter and the accompanying Notice are not subject to the cleatance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Your cooperation with us is appreciated.

Sincerely, l

l John P. Potter, Chief Nuclear Materials Licensing Section _

Division of Radiation Safety and Safeguards, Region II

Enclosures:

1. Appendix A, Notice of Violation
2. NRC Region I Inspection Report Number 99990001/93-012 cc: w/ enclosures Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

Steve Freedman, Radiation Safety Officer (GETS)

Commonwealth of Pennsylvania State of Alabama bec:

Region I Docket Room (w/ concurrences)

Region I Reciprocity File DRSS:RI DRSS:RI DRSS:RII Gibson/amw Shanbak Potter

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9/17493 9/'12/93 09/ /93 OFFICIAL RECORD COPY - S:\\PENDING\\GRNDENGR. INS - 09/15/93

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l DRAFT APPENDIX A NOTICE OF VIOLATION Ground Engineering and Testing Service, Incorporated Docket No. 99990001 Huntsville, Alabama 35816 License No. Alabama 1022 During an NRC inspection conducted on August 31,1993, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violation is listed below:

10 CFR 150.20(b)(1) requires, in part, that when engaging in activities in non-agreement States under the general license granted by 10 CFR 150.20(a), four copies of Form NRC-241 (revised) and four copies of the Agreement State specific license be filed with the Regional Administrator of the appropriate Nuclear Regulatory Commission Regional Office at least three days prior to engaging in such activity. Form NRC-241 (revised) requires that the location of licensed activity to be specified.

Contrary to the above, in mid July of 1993, one Campbell Pacific Nuclear (CPN),

Model MC-3 portable moisture / density gauge, was possessed and engaged in activities at the Bradford Town Plaza field site in Wysox, Pennsylvania, a location not specified on Form NRC-241.

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

Pursuant to the provisions of 10 CFR 2.201, Ground Engineering and Testing Service, i

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

t Nuclear Regulatory Commission, ATTN: the Regional Administrator, Region I, with a copy to Document Control Desk, Washington, D.C. 20555, 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 further 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, an order or a Demand for Information may be issued to show cause 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.

OFFICIAL RECORD COPY - S:\\PENDING\\GRNDENGR. INS - 09/15/93

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION

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2 475 ALLENDALE ROAD I

8 KING OF PRUSSI A, PENNSYLVANIA 19406 DRAF_T Docket No. 99990001 License No. Alabama 1022 Ground Engineering and Testing Service, Incorporated ATTN: Ralph Atwater Huntsville Branch Manager 4814 Commercial Drive Huntsville, Alabama 35816 3

Dear Mr. Atwater:

?

SUBJECT:

Special Inspection No. 99990001/93-012 On August 31,1993, Mr. Richard Gibson, Jr. of the Region I office conducted a special safety inspection at Bradford Town Plaza, Wysox, Pennsylvania of activities authorized by the above listed NRC license. The inspection was an examination of your licensed activities as they relate to radiation safety and to compliance with the Commission's regulations and l

the license conditions. The inspection consisted of observations by the inspector, interviews with personnel, and a selective examination of representative records. The findings of the l

inspection were discussed with Edward Putman, Field Technician (GETS) at the conclusion of the inspection.

l A copy of the NRC inspection report is enclosed.

i This also refers to the telephone conversation on September 1,1993 between Mr. Richard Gibson, Jr. of this office and Mr. Dave Mandel, Technician Manager (GETS),

and Mr. Steve Freedman, Radiation Safety Officer (GETS).

i Based on the results of this inspection, it appears that one of your activities 'was not I

conducted in full compliance with NRC requirements. A Notice of Violation is enclosed as.

Appendix A and categorizes the violation by severity level in accordance with the " General i

Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2,

{

Appendix C (Enforcement Policy). You are required to respond to this letter and m prepanng your response, you should follow the instructions in Appendix A.

i i

s 1

l

I DRAFT 1

l Ground Engineering and Testing t Service, Incorporated

)

i Please use the enclosed self-addressed green envelope when you respond to this letter to assist us in the timely processing of your response. In accordance with Section 2.790 of NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this j

letter and your reply will be placed in the Public Document Room. The responses directed l'

by this letter and the accompanying Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Your cooperation with us is appreciated.

l Sincerely,

'f John P. Potter, Chief i

Nuclear Materials Licensing Section Division of Radiation Safety and Safeguards, Region II i

Enclosures-

1. Appendix A, Notice of Violation l
2. NRC Region I Inspection Report Number 99990001/93-012 l

cc: w/ enclosures t

Public Document Room (PDR)

Nuclear Safety Information Center (NSIC) l Steve Freedman, Radiation Safety Officer (GETS)

Commonwealth of Pennsylvania l

State of Alabama i

e s

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o DRAFT APPENDIX A NOTICE OF VIOLATION Ground Engineering and Testing Service, Incorporated Docket No. 99990001 j

Huntsville, Alabama 35816 License No. Alabama 1022 During an NRC inspection conducted on August 31,1993, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violation is listed below:

10 CFR 150.20(b)(1) requires, in part, that when engaging in activiti::s in non-agreement States under the general license granted by 10 CFR 150.20(a), four copies of Form NRC-241 (revised) and four copies of the Agreement State specific license be filed with the Regional Administrator of the appropriate Nuclear Regulatory Commission Regional Office at least l

i three days prior to engaging in such activity. Form NRC-241 (revised) requires that the locat.on of licensed activity to be specified.

Contrary to the above, in mid July of 1993, one Campbell Pacific Nuclear (CPN),

f Model MC-3 portable moisture / density gauge, was possessed and engaged in activities at the Bradford Town Plaza field site in Wysox, Pennsylvania, a location not specified on l

Form NRC-241.

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

Pursuant to the provisions of 10 CFR 2.201, Ground Engineering and Testing Service, Incorporated is hereby required to submit a written statement or explanation to the U.S.

Nuclear Regulatory Commission, A'ITN: the Regional Administrator, Region I, with a copy to Document Control Desk, Washington, D.C. 20555, 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 i

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 t

further violations, and (4) the date when full compliance will be achieved. F m adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued to show cause 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.

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