ML20134F813
| ML20134F813 | |
| Person / Time | |
|---|---|
| Site: | 15000026 |
| Issue date: | 02/06/1997 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Jensen B NEBRASKA, STATE OF |
| Shared Package | |
| ML20134F815 | List: |
| References | |
| EA-97-033, EA-97-33, NUDOCS 9702100163 | |
| Download: ML20134F813 (3) | |
See also: IR 015000026/1996001
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UNif ED STATES
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NUCLEAR REGULATORY COMMISSION
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REGloN IV
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611 RY AN PL AZA ORIVE, SulTE 400
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AR L(NG roN, T E X AS 76011 8064
February 6,1997
EA 97-033
Bruce Jensen, President
Jensen and Associates
331 Main Street, Suite A
P.O. Box 7
' Chadron, Nebraska 69337-0007
SUBJECT: NRC INSPECTION REPORT 150-00026/96-01 AND NOTICE OF VIOLATION
Dear Mr. Jensen:
On December 18,1996, the NRC conducted an inspection at your facility in Chadron,
Nebraska. The inspection was completed and findings were discussed with you during a
telephonic exit briefing on January 29,1997.
During this inspection one violation was identified. The violation involved a failure to file
an NRC Form 241, " Report of Proposed Activities in Non-Agreement States," prior to
conducting licensed activities in a non-Agreement State in 1996. Specifically, Jensen and
Associates failed to file an NRC Form 241 prior to working at a temporary job site in South
Dakota. The violation is cited in the enclosed Notice of Violation (Notice). Please note
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that you are required to respond to this letter and should follow the instructions specified
in the enclosed Notice when preparing your response. The NRC will use your response, in
part, to determine whether further enforcement action is necessary to ensure compliance
with regulatory requirements.
The inspection established that prior to working in South Dakota you contacted state
officials in Pierre, South Dakota, to determine what was r":quiad to obtain authorization to
use licensed materials in that state. You stated that a state representative' informed you
that you needed only to mail a copy of your Nebraska license to South Dakota to be
allowed to work in the state. You complied with this request. Subsequent to initial
discussions with you, the inspector confirmed the information provided above and was
also informed that state representatives did not instruct you that notification to the NRC
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was also required.
The NRC normally considers the failure to submit a complete NRC Form 241, including
revisions, to be a matter of significant regulatory concern because failures of Agreement
State licensees to notify the NRC of activities performed in non-Agreement States deny the
NRC an opportunity to conduct inspections to verify that activities are performed safely
and in accordance with applicable NRC regulations. However, based on the information
developed during the inspection and the fact that you attempted to provide notification of
your proposed work activities, although the notification was erroneously provided to the
9702100163 970206
- PDR
STPRO ESGNE
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Jensen and Associates
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state, the violation has been categorized at Severity Level IV. Please be advised that
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future f ailures to seek appropriate authorization prior to performing activities in areas where
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the NRC maintains jurisdiction will result in a more significant enforcement action.
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in accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,
its enclosure (s), and your response will be placed in the NRC Public Document Room
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(PDR). To the extent possible, your response should not include any personal privacy,
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proprietary, or safeguards information so that it can be placed in the PDR without
redaction.
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Should you have any questions concerning this letter, please contact Mr. Robert A. Brown
at (817) 860-8130 or Ms. Linda Howell at (817) 860-8213.
Sincerely,
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Ross A. Scarano, Director
Division of Nuclear Materials Safety
Docket No.: 150-00026
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License No.: Nebraska License 69-01-01
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Enclosure:
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Nebraska Radiation Control Program
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