ML20134K476
| ML20134K476 | |
| Person / Time | |
|---|---|
| Site: | 15000004 |
| Issue date: | 02/11/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20134K460 | List: |
| References | |
| 15000004-96-17, NUDOCS 9702140042 | |
| Download: ML20134K476 (2) | |
Text
_ _ _ . . _ - _ - -.
ENCLOSURE 1 NOTICE OF VIOLATION Construction Testing & Engineering, Inc. Docket No.: 150-00004 Escondido, California License No. CA-5309-80 During an NRC inspection conducted on December 11,1996, and January 27,1997,a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:
10 CFR 71.5(a) requires that each licensee who transports licensed material outside of the site of usage, as specified in the NRC license, or on public highways, or who delivers licensed material to a carrier for transport, comply with the applicable requirements of the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR Parts 170 through 189.
49 CFR 172.702 requires that each hazmat employer shall ensure that each hazmat employee is trained and tested, and that no hazmat employee performs any function subject to the requirements of 49 CFR Parts 171 through 177 unless trained in accordance with Subpart H of 49 CFR Part 172. The term hazmat employer and hazmat employee are defined in 49 CFR 171.8.
Contrary to the above, from January to December 11,1996, the licensee did not provide training for all hazmat employees as required by Subpart H to 49 CFR Part 172, and the licensee otherwise meets the definition of hazmat employer in 49 CFR 171.8 Pursuant to the provisions of 10 CFR 2.201, Construction Testing & Engineering, Inc. is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with copies to the Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, and the Region IV Walnut Creek Field Office,1450 Maria Lane, Walnut Creek, California 94596, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately l addresses the required response. If an adequate reply is not received within the time l specified in this Notice, an order or a Demand for information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards
, 9702140042 970211 l PDR STPRG ESGCA PDR
l 2-i information so that it can be placed in the PDR without redaction, if personal privacy or {
proprietary information is necessary to provide an acceptable response, then please provide l a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request ;
withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to I support a request for withholding confidential commercial or financialinformation).
Dated at Arlington, Texas this 11th day of February 1997