ML20134K456
| ML20134K456 | |
| Person / Time | |
|---|---|
| Site: | 15000004 |
| Issue date: | 02/11/1997 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Ballard R CALIFORNIA, STATE OF |
| Shared Package | |
| ML20134K460 | List: |
| References | |
| EA-97-037, EA-97-37, NUDOCS 9702140035 | |
| Download: ML20134K456 (5) | |
See also: IR 015000004/1996017
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NUCLEAR REGULATORY COMMISSION
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611 RY AN PLAZA DRIVE SUITE 400
%.....,.,,, AR LINGToN, TE XAS 76011 8064
February 11, 1997
EA 97-037
Mr. Rodney D. Ballard, Vice President
Construction Testing & Engineering, Inc.
2414 Vineyard Ave, Suite G
Escondido, California 92029
SUBJECT: NRC INSPECTION REPORT 150-00004/96-17AND NOTICE OF VIOLATION
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Dear Mr. Ballard:
On January 27,1997, the NRC completed an inspection of activities performed by
Construction Testing & Engineering, Inc., (CTE) in areas of exclusive federal jurisdiction.
The inspection included a review of pertinent records and discussions with CTE personnel
at your Escondido, California, f acility and review of documents provided to the inspector
after the site visit. The inspection findings were discussed with you and members of your
staff on December 11,1996, at the conclusion of the site visit and during a telephonic exit
briefing on January 27,1997. The enclosed NRC Inspection Report 150-00004/96-17
presents the scope and results of this inspection.
Based on the results of this inspection, the NRC has determined that a violation of NRC
requirements occurred. The violation involved a failure to provide hazmat training to
employees who transported portable gauging devices on public highways as required by
49 CFR 172.700-704 and is cited in the enclosed Notice of Violation (Notice). 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.
In addition, two apparent violations were identified and are being considered for escalated
enforcement action in accordance with the " General Statement of Policy and Procedure for
NRC Enforcement Actions," NUREG-1600 (Enforcement Policy). The apparent violations
involved: (1) failure to obtain authorization under either a specific or general NRC license,
as required by 10 CFR 30.3, prior to performing licensable activities in areas of exclusive
federal jurisdiction from January through May 1996, and (2) failure to provide complete ;
and accurate information regarding CTE's activities in areas of exclusive federal jurisdiction
prior to June 1996 as required by 10 CFR 30.9. These apparent violations and the
circumstances associated with them are described in the enclosed report. Please be I
advised that the number and characterization of the apparent violations described in the ]
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enclosed inspection report may change as a result of further NRC review.
As discussed with you during the exit briefing, the apparent violation involving the failure
to notify the NRC of activities performed in areas under its jurisdiction and to obtain the
requisite authorization prior to performing such activities is of greater concern because a
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9702140035 970211
PDR STPRG ESGCA
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Construction Testing & Engineering, Inc. - 2-
Notice of Violation and Proposed imposition of Civil Penalty was issued to CTE in March j
- 1994 for a similar f ailure. Based on the findings of our inspection, it appears that
corrective actions taken by CTE were not effective in preventing recurrence of this
problem. You should be prepared to address this issue during the conference discussed
below.
A predecisional enforcement conference to discuss these apparent violations has been
scheduled for February 25,1997, at 10 a.m., in the NRC Region IV Walnut Creek Field ,
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Office. The conference will be open to the public in accordance with the NRC Enforcement
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Policy (reference Federal Register Notice published on December 10,1996, Vol. 61,
1 No. 238). The decisinn 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. This conference is being held to obtain information to enable the NRC to make
an enforcement decision, such as a common understanding of the f acts, root causes,
- missed opportunities to identify the apparent violations sooner, corrective actions,
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significance of the issues, and the need for lasting and effective corrective action. In
addition, this is an opportunity for you to point out any errors in our inspection report and
for you to provide any information concerning your perspectives on: 1) the severity of the
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apparent 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. In
presenting your corrective action, you should be aware that the promptness and
comprehensiveness of your actions will be considered in assessing any civil penalty for the
apparent violations. The guidance in the enclosed NRC Information Notice 96-28,
" Suggested Guidance Relating To Development and Implementation of Corrective Action,"
may be helpful.
You will be advised by separate correspondence of the results of our deliberations on this
matter. No response regarding these apparent violations is required at this time.
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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,
Enclosures 1,2, and 5, and your response will be placed in the NRC Public Document
Room (PDR).
i Should you have any questions concerning this inspection, please contact
Mr. Kent M. Prendergast at (510) 975-0255 or Ms. Linda Howell at (817) 860-8213.
1 Sincerely,
As m
Ross A. Sc:irano, Director ;
Division of Nuclear Materials Safety '
Docket No.. 150-00004 ;
License No. California 5309-80 i
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I Construction Testing & Engineering, Inc. -3-
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Encicsures:
< 1. Ilotice of Violation
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2. NhC inspection Report 150-00004/96-17
3. NRC Information Notice 96-28
4. NRC Enforcement Policy NUREG 1600
5. Predecisional Enforcement Conference Agenda
j cc w/ enclosures 1 & 2 only:
California Radiation Control Program Director
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Construction Testing & Engineering, Inc. -4-
bec to DMB (IEO7)'
bec distrib by RIV:
LJCallan
JEDyer
JLieberman, OE (0-7H5) :
DACool, NMSS (T-8F5) l
PKHolahan, NMSS (T-8F5) l
GFSanborn i
WLBrown l
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' LLHowell l
'FAWenslawski l
' KPrendergast I
DBSpitzberg
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MCHernandez (2) l
'NMi&FC\DB (
' MIS System !
'RIV 241 File - 5th Floor !
"WCFO Materials File (2)
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- W/lFS Form !
Dist. by E-mail- DNMS:
OEMAll
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DOCUMENT NAME: G:\CTE. REP
To receive copy of document, indicate in box:< "C" = Copy without enclosures "E" = Copy wth enclosures "N" = No copy
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