ML20134D396
| ML20134D396 | |
| Person / Time | |
|---|---|
| Site: | 15000009 |
| Issue date: | 10/07/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Henderson D AFFILIATION NOT ASSIGNED |
| References | |
| EA-96-313, NUDOCS 9610220110 | |
| Download: ML20134D396 (4) | |
See also: IR 015000009/1996007
Text
I v official )
October 7, 1996
EA 96-313
Larry M. Jacobs and Associates. Inc. !
ATTN: Mr. Daniel Henderson !
Secretary / Treasurer
328 E. Gadsden Street
Pensacola Florida 32501
SUBJECT: EXERCISE OF ENFORCEMENT DISCRETION 1
(NRC INSPECTION REPORT NO. 150-00009/96-07 AND 150-00009/96-08) !
Dear Mr. Henderson:
This refers to the s]ecial, unannounced inspection conducted by this office on
August 6-7, 1996. T1e results of this inspection were provided to you in our '
letter dated September 4, 1996. At that time you were informed that the
inspection had identified one apparent violation. the failure to obtain a l
general or specific NRC license, as required by 10 CFR 30.3. prior to using 1
portable nuclear gauges containing by-product material. Specifically, on i
numerous occasions during the calendar years 1991 through 1996. you used
Jortable nuclear gauges at Eglin Air Force Base (AFB) Hurlburt Field, and
Jensacola Nuclear Air Station (NAS). Florida, in areas where the NRC maintains !'
jurisdiction for regulating the use of by-3roduct material without an NRC
license. You were informed at that time tlat the apparent violation was under
consideration for enforcement. Subsequent to issuance of the inspection
report, the NRC determined that Hurlburt Field. Florida is not an' area of
exclusive Federal jurisdiction: therefore, the work you performed at that
location did not-require an NRC license.
Although the requirements of 10 CFR 30.3 apply to work performed in areas of
exclusive Federal jurisdiction in Agreement States, we also note that as an
alternative to obtaining an NRC license, as permitted by NRC practice.
Larry M. Jacobs and Associates. Inc. (LMJA) could have filed an NRC Form-241,
paid the associated fees, and conducted these activities as described in
The-inspection established that your representatives did not ap] ear to be
aware of the need to either have a s]ecific license under 10 CFR 30.3 or in
lieu thereof, to file a Form-241 wit 1 the NRC. The inspection also determined
that you relied on base personnel to inform you of the applicable regulatory
requirements regarding licensed activities performed by you at their
facilities. As a result, you believed that the work could be performed under
authorization provided through your State of Florida Radioactive Materials
License.
Normally, the failure to obtain an NRC license or failure to file an
NRC Form-241 to notify the NRC of activities being conducted within its
jurisdiction would be considered for escalated enforcement action which could
include the issuance.of a civil penalty in accordance with the " General
9610220110 961007 >
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Larry M. Jacobs and Associates. Inc. 2
Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement
Policy). NUREG-1600. However, after consultation with the Director. Office of
Enforcement, and the Deputy Executive Director for Nuclear Materials Safety.
Safeguards, and Operations Support the NRC is exercising enforcement
discretion and is not taking any enforcement action in this matter, in
accordance with Section VII.B.6 of the Enforcement Policy. The NRC is
exercising enforcement discretion based on the circumstances described above
and in the subject inspection report, including our conclusions that you did
not intentionally fail to obtain the proper license and that LMJA did not
understand the regulatory requirements pertaining to use of licensed materials
in areas of exclusive Federal jurisdiction within an Agreement State. In
reaching this decision, the NRC also considered the efforts taken by LMJA to
become familiar with applicable NRC requirements, the fact that LMJA was not
made aware by Eglin AFB or Pensacola NAS contracting personnel that the bases
contained areas of exclusive Federal jurisdiction, and our conclusions that
activities conducted by LMJA at these facilities appeared to have been done
safely and generally in accordance with the conditions of your Florida
license.
Although the NRC is exercising enforcement discretion based on the
circumstances identified during the inspection, you are advised that future
failures to seek appropriate authorization to perform activities in areas ,
where the NRC maintains jurisdiction will result in significant enforcement 1
action. We would expect that, in the future. LMJA would obtain written
assessments from, or document assessments by. Federal authorities as to ,
whether a ]roposed work site is in an area of exclusive Federal jurisdiction. l
Absent suc1 documentation showing that Federal authorities assessed the work '
site as not being in an area of exclusive Federal jurisdiction, significant
enforcement action may be taken for failure to seek the required authorization
to perform licensed activities in areas of exclusive Federal jurisdiction.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of
this letter and any reply will be placed in the NRC Public Document Room.
Should you have any questions regarding this inspection, please contact
Mr. Charles Hosey at (404) 331-5614.
Sincerely.
/h
ewart neter <
Regional Administrator
l
Docket Nos.: 150-00009/96-07 and 150-00009/96-08
Florida License Nos. - 1508-1, 1508-2
cc: State of Florida
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Larry M. Jacobs and Associates. Inc. 3
Distribution:
EJulian, SECY
BKeeling, CA
'
JTaylor, EDO
HThompson, DEDS
SEbneter, RII
CPaperiello NMSS
DCool, NMSS
LChandler. OGC
JGoldberg, OGC
Enforcement Coordinators
RI, RII, RIII. RIV
l EHayden, OPA
HBell, OIG
GCaputo. OI
EJordan, AEOD
JLieberman, OE
MThomas. OE
OE:EA File (BSummers)(2 Letterhead)
CEvans, RII
Buryc, RII
CHosey. RII
WLoo. RII
KClark, RII
RTrojanowski, RII
ABoland, RII
PUBLIC
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SEND TO PUBLIC DOCUMENT R m p [ES/ NO
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OFFICE Ril CRS Ril EICS ' Ril OPA Rit-ORA
Signature
MAME BMALLETT BURYC CIVANS LREYES h
DATE 09/ /% 09/ /% 09/ /% OC. /%
COPY? YES NO YES NO YES NO YES NO
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J. Lieberman 2 l
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This case is not exempt from 0E's enforcement action timeliness requirements.
Attachments: 1. Draft Letter to Chadbourne
2. Draft Letter to Okaloosa
3. Draft Letter to Bailey
4. Draft Letter to Jacobs
cc w/ attachments: D. Cool, NMSS
J. Goldberg, OGC
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