ML20134J313
| ML20134J313 | |
| Person / Time | |
|---|---|
| Site: | 15000030 |
| Issue date: | 11/12/1996 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Abeyta R TESTING LABORATORIES, INC. |
| Shared Package | |
| ML20134J314 | List: |
| References | |
| EA-96-447, NUDOCS 9611150146 | |
| Download: ML20134J313 (5) | |
See also: IR 015000030/1996002
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ARLINGTON, TEXAS 76011 8064
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November 12, 1996
EA: 96-447
Mr. Ralph Abeyta
President
Testing Laboratories, Inc.
P. O. Box 1144
Alamogordo, New Mexico 88311-1144
SUBJECT: NRC INSPECTION REPORT 150-00030/96-02 AND
lNVESTIGATION REPORT 4-96-027
Dear Mr. Abeyta:
On November 5,1996, the NRC completed an inspection of activities performed by Testing
Laboratories, Inc. (TLl) at federal facilities in the state of New Mexico. As discussed with
you during the inspection, the federal f acilities where TLI conducted activities using
portable moisture / density gauges were determined to be areas where the NRC maintains
jurisdiction for regulating the use of byproduct material. In addition to the inspection, the
NRC Office of investigation's Field Office, Region IV, conducted a concurrent investigation
which was completed on September 26,1996. The results of the inspection and
investigation were discussed with you during a telephonic exit briefing on November 5,
1996, and are described in detail in the enclosed report.
The purpose of the inspection and investigation was to determine whether activities
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conducted by TLI at Holloman Air Force Base (AFB) and White Sands Missile Range
(WSMR) were performed safely and in accordance with NRC requirements. The inspection
'and investigation identified one apparent violation which is being considered for escalated
enforcement action in accordance with the " General Statement of Policy and Procedure for
NRC Enforcement Actions" (Enforcement Policy), NUREG-1600. The apparent violation
involved the failure to comply with 10 CFR 30.3 which requires, in part, that except for
persons exempt as provided in 10 CFR Parts 30 and 150, no person shall possess or use
byproduct material except as authorized in a specific or general license issued pursuant to
Title 10, Chapter 1, of the Code of Federal Regulations. The inspection and investigation
determined that TLI performed activities at both Holloman AFB and WSMR using byproduct
material on numerous occasions between 1991 and 1996 without being authorized to
conduct such activities under either a specific or general NRC license.
Although a specific or general NRC license was required to perform activities using
byproduct materialin areas under exclusive federal jurisdiction within an Agreement State
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during the period in question, we note that as a matter of practice the NRC has accepted a
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Form 241, and the applicable fee, in lieu of an application for an NRC license from
Agreement State licensees seeking authorization to perform activities in areas of exclusive
federal jurisdiction within an Agreement State. Our review of TLl's activities at federal
9611150146 961112
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facilities in the state of New Mexico confirmed that TLI filed a Form 241 to report proposed
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activities at Holloman AFB and WSMR in November 1991, October 1994, and March
1996. However, the notifications provided by TLI did not identify all dates that TLI worked
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in areas under NRC jurisdiction in calendar years 1991,1994 and 1996. In addition, TLI
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failed to obtain authorization prior to performing activities at WSMR and Holloman AFB in
calendar years 1992,1993 and 1995.
Based on the investigation findings, it appears that the vice president, also the radiation
safety officer (RSO), was aware of the requirement to obtain' authorization from the NRC
prior to performing activities at the above noted locations. Specifically, the inspection and
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investigation disclosed that the RSO was made aware of the requirement to obtain
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authorization from the NRC by staff at WSMR and that TLI filed a Form 241 when
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prompted by the radiation safety officer at WSMR. However, the RSO acknowledged
during the inspection and investigation that TLI did not report all activities conducted at
Holloman AFB and WSMR during calendar years 1991,1992,1993,1994,1995 and
1996 because of concerns about paying the associated fees.
The NRC considers the failure to obtain appropriate authorization prior to conducting
licensable activities in areas under its jurisdiction to be a matter of significant regulatory
concern. We are further concerned that as admitted by the RSO, TLI was aware of the
requirement to obtain authorization from the NRC, or to provide notification, prior to
conducting activities at the above noted facilities but chose not do so because of financial
considerations.
A predecisional enforcement conference to discuss these apparent violations has been
scheduled for November 26,1996 at 10:00 a.m. (CT). The decision to hold a
predecisional enforcement conference does not mean that the NRC has determined that a
violation has occurred or that enforcement action will be taken. Accordingly, no Notice of
Violation is presently being issued for t'hese inspection findings. In addition, please be
advised that the number and characterization of apparent violations described in the
enclosed inspection report may change as a result of further NRC review. This conference
is being held to obtain information to enable the NRC to make an enforcement decision,
such as a common understanding of the facts, root causes, missed opportunities to
identify the apparent violation sooner, corrective actions, significance of the issues and the
need for lasting and effective corrective action. In particular, we expect you to address
decisions made by TLI managern ta not provide notification to the NRC, or otherwise seek
authorization, regarding TLl's activities at Holloman AFB and WSMR.
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In addition, the conference is an opportunity for you to point out any errors in our inspec-
tion report and for you to provide any information concerning your perspectives on 1) the
severity of the violations, 2) the application of the factors that the NRC considers when it
determines the amount of a civil penalty that may be assessed in accordance with
Section VI.B.2 of the Enforcement Policy, and 3) any other application of the Enforcement
Policy to this case, including the exercise of discretion in accordance with Section Vll.
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-In accordance with 10 CFR 2.790 of the NRC's " Rules of Practices," a copy of this letter
will be placed in the NRC Public Document Room (PDR).
Should you have any questions concerning this inspection, please contact
Mr. Mark R. Shaffer at (817) 860-8287 or Ms. Linda Howell at (817) 860-8213.
Sincerely,
Ross A. Scarano, Director
Division of Nuclear Materials Safety
Docket: 150-00030
License: New Mexico DM223-10
Enclosures:
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1. _ NRC Inspection Report 150-00030/96-02
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2. Conference Agenda
3 NRC Enforcement Policy, NUREG-1600
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' 4.10 CFR Parts 30 and 150
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cc w/ Enclosures 1 & 2:
' New Mexico Radiation Control Program Director
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