ML20134P001
| ML20134P001 | |
| Person / Time | |
|---|---|
| Issue date: | 11/21/1996 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Fishman D NDC SYSTEMS |
| References | |
| REF-QA-99990004-961121 EA-96-342, NUDOCS 9611270185 | |
| Download: ML20134P001 (6) | |
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4 UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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REGION IV g
611 RYAN PLAZA DRIVE, SUITE 400 9
ARLINGTON, TEXAS 76011-8064 November 21, 1996 EA 96-342 Mr. Daniel Fishman President 4
NDC Systems
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5314 N. Irwindale Avenue Irwindale, California 91706 1
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Dear Mr. Fishman:
This letter is in reference to the predecisional enforcement conference with you and members of your staff on October 23. 1996. and to our follow-up telephone conversation between you and Ms. Linda Howell of my staff on November 5. 1996.
Based on the conversation, we understand that you agree to the commitments identified below.
The NRC has determined that the public health and safety require that the commitments be confirmed by a Confirmatory Order Modifying
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License (Order).
Therefore, we intend to incorporate these commitments into l
an Order following your written consent to them.
A.
NDC shall retain the services Of an independent individual or organization (consultant) to perform two audits of the Licensee's l
activities conducted under the general license and shall provide the i
NRC with reports of the audits' findings as described in Provisions D
)
and E below. The audits shall include, but are not limited to:
(1) review of export activities, including NDC's compliance with Department of Transportation (DOT)-regulations; (2) discussion and interviews with NDC employees to verify that employees understand DOT regulations as they relate to NDC's shipping activities and to verify the effectiveness of NDC's corrective actions to the violation identified in the Order; i
(3) discussioq and interviews with NDC employees to verify that NDC employees have been adequately trained on and understand NDC's
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procedure >; and policies for raising safoty concerns and for 1
seeking guidance related to NRC-licemed activities; and (4) discussion and interviews with NDC en,)loyees to determine whether employees have concerns about NDC's policies or procedures for raising safety issues and for seeking guidance.
B.
Within 30 days of the date of the Order. NDC shall submit to the NRC.
for NRC review and approval, the name and qualifications of the consultant it pro)oses to use in conducting these audits.
The consultant shall 3e independent of the Licensee's organization and shall be experienced in performing evaluations of NRC or Agreement State licensee programs with respect to implementation of the Department of Transportation.(DOT) regulations.
9611270185 961121 RE04 GA999 EMVNDC 9999 COO 4 (MG
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NDC Systems 2
C.
Prior to supervising or performing any shipping activities, and no later than 60 days after the date of the Order. NDC will provide formal classroom training consistent with the training requirements of 49 CFR Part 172 Subpart H.
All individuals who are involved in shipping activities, the Shipping Supervisor and Operations Manager, and the individual or individuals with responsibility for oversight of the l
radiation safety program are subject to this commitment.
For the i
purpose of the Order, shipping activities include tasks such as packaging, labeling, and completion of appropriate transportation documents.
i D.
Within 60 days of the date of NRC's approval of a consultant. NDC shall provide the NRC with a copy of the first audit report, including a description of actions taken and planned in response to any recommendations, comments, or findings in the audit report.
Alternatively, if NDC does not believe any specific recommendation should be adopted or an audit finding should not be addressed. NDC will provide justification for its position to the NRC.
E.
Within 12-18 months of the date of the Order. NDC shall provide the NRC with a copy of the second audit report, including a description of actions taken and planned in response to any recommendations. comments, or findings in the audit report.
Alternatively, if NDC does not believe any specific recommendation should be adopted or an audit finding should not be addressed. NDC will provide justificatitn for its position to the NRC.
If NDC chooses to use a different auditor for this audit. NDC shall submit the qualifications of the auditor to the NRC for approval prior to conducting the audit.
F.
For the purpose of the Order. NDC shall send the audits and its
. responses. and the qualifications of the auditor, to the Director.
Division of Nuclear Material Safety. NRC Region IV. 611 Ryan Plaza Drive. Suite 400. Arlington. Texas 76011. and a copy to Chief. Materials Branch. NRC WCF0.1450 Maria Lane Walnut Creek California 94596-5368.
If you consent to issuance of the Order confirming the above commitments, you are waiving your right to request a hearing on all or any part of the Order.
In addition, you must sign, as noted on Page 4 of this letter, that you agree to such commitments and return this letter within 10 business days from the date of this letter to Mr. James Lieberman. Director. Office of Enforcement.
U.S. Nuclear Regulatory Commission. One White Flint North. 11555 Rockville Pike Rockville. MD 20852-2738.
After receiving your written consent, the NRC will issue the aforementioned Order.
Questions concerning this letter should be addressed to me at (817) 860-8100.
0 NDC Systems 3
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of this letter will be placed in the NRC Public Document Room.
Sincerely.
0 % t u f. O dEAFile i
LJCallan> Reading File 5th Floor File Room Via E-mail:
TPGwynn (TPG)
WBrown (WLB)
RWise (RXW)
RScarano (RAS 1)
CCain (CLC)
LHowell (LLH)
FWenslawski (FAW)
LWilliamson. OI (ELW1)
KPrendergast (KMP)
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