ML20133E872
| ML20133E872 | |
| Person / Time | |
|---|---|
| Site: | 15000030 |
| Issue date: | 01/06/1997 |
| From: | Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Abeyta R TESTING TECHNOLOGIES, INC. |
| Shared Package | |
| ML20133E874 | List: |
| References | |
| EA-96-447, NUDOCS 9701130187 | |
| Download: ML20133E872 (5) | |
See also: IR 015000030/1996002
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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611 RYAN PLAZA oRIVE. SUITE 400
January 6,
1997
EA 96-447
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Mr. Ralph Abeyta
President
Testing Laboratories, Inc.
P.O. Box 1144
Alamogoroo, New Mexico 88311-1144
'
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY -
$ 2,500
(Reference: NRC Inspection Report'No. 150-00030/96-02 and Investigation
Report 4-96-027)
Dear Mr. Abeyta:
This is in reference to the matters discussed at a predecisional enforcement conference
conducted on November 26,1996,in the NRC's Arlington, Texas office. The conference
was conducted to discuss an apparent violation involving the use of portable
moisture / density gauges in areas of exclusive federal jurisdiction without either:
(1) obtaining an NRC license; or (2) filing NRC Form 241 pursuant to 10 CFR 150.20(b)(1),
which is an option provided by longstanding practice of the NRC staff for work performed
within the physical borders of an Agreement State but in an area under exclusive Federal
jurisdiction. The results of the inspection and investigation of this matter were provided to
you in a report issued on November 12,1996.
'tased on the information developed during the inspection and investigation, and the
information that Testing Laboratories provided duiing the conference, the NRC has
determined that a willful violation of NRC requiremenis occurred. Specifically, as
discussed at the conference, Testing Laboratories used such gauges at White Sands
Missile Range and Holloman Air Force Base in 1992,1993 and 1995 without notifying the
NRC and submitting the necessary fees, despite NRC notice that this was expected of
Testing Laboratories. Testing Laboratories' actions displayed, at the least, a careless
disregard for federal requirements. The violation is cited in the enclosed Notice of Violation
and Proposed Imp sition of Civil Penalty and the circumstances surrounding it were
described in detail m the subject inspection report.
Based on December 1991 correspondence between NRC and Testing Laboratories, Inc.,
regarding the calendar year basis for filing form NRC 241 and the associated costs, Testing
Laboratories should have been zware of the need to file form NRC 241 before conducting
licensed activities in areas under exclusive Federal jurisdiction in 1992,1993, and 1995.
Testing Laboratories' failure to notify the NRC denied the NRC an opportunity to inspect
and to assure that you were conducting your activities in accordance with all safety
requirements. Thus, this violation has been categorized in accordance with the " General
Statement of Policy ar. Procedure for NRC Enforcement Actions" (Enforcement Policy),
NUREG 1600 at Severits
.el ill.
9701130187 970106
STPRG ESGNMPDR
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Testing Laboratories, Inc.
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In accordance with the Enforcement Policy, a civil penalty with a base value of $2,500is
considered for a Severity Level ll1 violation. As we explained to you at the conference, this
value can be adjusted up or down based on our consideration of the circumstances. Since
this violation is considered willful, the NRC considered whether credit was warranted for
/denti// cation and Corrective Action in accordance with the civil penalty assessment
process in Section VI.B.2 of the Enforcement Policy. The violation was discovered by the
NRC during its inspection, resulting in no credit to Testing Laboratories for identification.
With regard to corrective actions, you indicated at the conference that you would, in the
future, either apply for a specific NRC license or file an NRC Form-241 after determining
whether you were working in an area of exclusive federal jurisdiction. Thus, credit is due
under this factor.
Therefore, to emphasize the importance of compliance with federal requirements applicable
to the use of moisture / density gauges in areas where the NRC has jurisdiction, I have been
authorized, after consultation with the Director, Office of Enforcement, to issue the
enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the base
amount of $2,500 for the Severity Level lll violation described above and in the Notice.
In addition, as you were told at the conference, you should be aware that deliberate
violations of NRC requirements may subject you and your company to criminal and civil
sanctions. Civil sanctions may include orders prohibiting involvement in NRC-licensed
activities on the part of you and your company.
You are required to respond to this letter and should follow the instructior.s 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 determine whether further NRC enforcement
action is necessary to ensure compliance with NRC regulatory requirements.
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1
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,
its unclosure, and your response will be placed in the NRC Public Document Room (PDR).
To the extent possible, your response should not include any personal prive.cy, proprietary,
or safeguards information so that it can be placed in the PDR without redaction.
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Sincerely,
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Oto>wA.
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M Regional Administrator
,
Docket No. 150-00030
License No. DM223-10 (New Mexico)
Enclosure: Notice of Violation and
Proposed imposition of Civil Penalty
cc w/ Enclosure:
State of New Mexico
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DISTRIBUTION:
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Enforcement Coordinators
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JTaylor, EDO (0-17G21)
JGilliland, OPA (0-2G4)
HThompson, DEDS (0-17G21)
PLohaus, OSP (0-3D23)
JLieberman, OE (0-7H5)
HBell, OlG (T-5D28)
LChandler, OGC (0-15B18)
EJordan, AEOD (T-4D18)
JGoldberg, OGC (0-15B18)
GCaputo, 01 (0-3E4)
CPaperiello, NMSS (T-8A23)
DCool, NMSS or (T-8F5)
LTremper, OC/LFDCB (T-9E10)
OE:ES (0-7H5)
OE:EA (0-7H5)
NUDOCS
RIV DISTRIBUTION:
E-mail to:
OEMAll
DKunihiro (DMK1)
SJCollins (SJC1)
RWise (RXW)
BHenderson (BWH)
MHammond (MFH2)
CHackney (CAH)
JHorner (JWH3)
WBrown (WLB)
RScarano (RAS 1)
LWilliamson (ELW1)
LHowell (LLH)
CCain (CLC)
FWenslawski (FAW)
BSpitzberg (DBS)
JCruz (JXC2)
Copies to.
RIV Files
GSanborn > EAFile
NMI&FCDB Fife
RSLO/ Hackney
MIS Coordinator
LJCallan* Reading File
PAO /Henderson
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Testing Laboratories, Inc.
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DISTRIBUTION:
lE 14
SECY
Enforcement Coordinators
CA
RI, Ril, Rlli
JTaylor, EDO (0-17G21)
JGilliland, OPA (0-2G4)
HThompson, DEDS (0-17G21)
PLohaus, OSP (0-3D23)
JLieberman, OE (0-7H5)
HBell, OlG (T-5D28)
LChandler, OGC (0-15818)
EJordan, AEOD (T-4D18)
JGoldberg, OGC (0-15818)
GCaputo, 01 (0-3E4)
CPaperiello, NMSS (T-8A23)
DCool, NMSS or (T-8FS)
LTremper, OC/LFDCB (T-9E10)
OE:ES (0-7H5)
OE:EA (0-7H5)
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RIV DISTRIBUTION:
E-mail to:
OEMAll
DKunihiro (DMK1)
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SJCollins (SJC1)
RWise (RXW)
BHenderson (BWH)
MHammond (MFH2)
CHackney (CAH)
JHorner (JWH3)
WBrown (WLB)
RScarano (RAS 1)
LWilliamson (ELW1)
LHowell (LLH)
CCain (CLC)
FWenslawski (FAW)
BSpitzberg (DBS)
JCruz (JXC2)
Copies to:
RIV Files
GSanbom > EAFile
NMi&FCDB File
RSLO/ Hackney
MIS Coordinator
LJCallan> Reading File
PAO /Henderson
DOCUMENT NAME:G:\\EA\\ DRAFT \\EA96447.DFT
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JTaylor, EDO (0-17G21)
PLohaus, OSP (0-3D23)
HThompson, DEDS (0-17G21)
HBell, OlG (T-5D28)
JLieberman, OE (0 7H5)
EJordan, AEOD (T-4D18)
LChandler, OGC (0-15B18)
GCaputo, 01 (0-3E4)
JGoldberg, OG ' 'O-15B18)
DCool, NMSS or (T-8FS)
CPaperiello, NMSS (T-8A23)
OE:ES (0-7H5)
OE:EA (0-7H5)
NUDOCS
LTremper, OC/LFDCB (T-9E10)
RIV DISTRIBUTION:
E-mail to:
OEMAll
SJCollins(SJC)
RWise(RXW)
BHenderson(BWH)
MHammond(MFH2)
DKunihiro (DMK1)
CHackney(CAH)
JHorner(JWH3)
WBrown(WLB)
RScarano(RAS 1)
LWilliamson(ELW1)
LHowell(LLH)
CCain(CLC)
FWenslawski(FAW)
BSpitzberg(DBS)
MShaffer (MRS)
Copies to:
RIV Files
GSanborn > EAFile
NMi&FCDB File
MIS Coordinator
RSLO/ Hackney
PAO /Henderson
LJCallan> Reading File
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