ML20135C738
| ML20135C738 | |
| Person / Time | |
|---|---|
| Site: | 15000009 |
| Issue date: | 11/26/1996 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20135C716 | List: |
| References | |
| 15000009-96-15, NUDOCS 9612090063 | |
| Download: ML20135C738 (5) | |
See also: IR 015000009/1996015
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U. S. NUCLEAR REGULATORY COMMISSION
REGION II
Docket No.:
150 00009
Report No.:
150 00009/96 15
Organization:
Tri-State Testing
Location:
Cottondale, Florida
Date:
November 5, 1996
Inspector:
Wade T. Loo, Health Physicist
Approved by:
Charles M. Hosey Chief
Materials Licensing / Inspection Branch 1
Division of Nuclear Materials Safety
Enclosure
9612090063 961126
STPRG ESOFL
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EXECUTIVE SUMMARY
Tri-State Testing
NRC Inspection Report 150 00009/96 15
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This special, unannounced inspection was conducted to evaluate Tri-State
Testing's (TST's) radiation safety program for moisture density testing
activities conducted in areas of exclusive Federal jurisdiction. Through
discussions with cognizant TST representatives, reviews of documents, and
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direct observations of licensee equipment and instrumentation, the inspector
found that TST did not have a specific NRC license nor did the company file
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for reciprocity in accordance with 10 CFR 150.20. The company, thus, did not
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have an NRC license to use byproduct material in areas of exclusive Federal
jurisdiction. Program areas included in this report are management oversight
and organization and scope of the program.
Manaaement Oversicht
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The inspector identified an ap)arent violation regarding TST's failure
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to file for reciprocity with t1e NRC prior to using radioactive
materials for conducting moisture density testing at Eglin Air Force
Base, Florida, an area of exclusive Federal jurisdiction.
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.Oraanization and Scope of the Licensee Proaram
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TST had a State of Florida license to possess and use radioactive
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materials contained in oortable moisture density gauges to measure
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properties of construction materials or soils. The use of byproduct
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materials was conducted at temporary job sites throughout the State of
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Florida including areas of exclusive Federal jurisdiction.
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REPORT DETAILS
01.
Manaaement Oversiaht (87100)
10 CFR 30.3 requires, in relevant part, that no person shall possess or
use byproduct material except as authorized by a specific or general
license issued by the NRC.
10 CFR 150.20(a) provides, in part, that any person who holds a specific
license from an Agreement State is grante an NRC general license to
conduct the same activity in non Agreement States subject to the
provisions of 10 CFR 150.20(b).
10 CFR 150.20(b)(1) requires, in part, that any person engagir.g in
activities in non-Agreement States shall, at least 3 days before
engaging in each such activity, file 4 copies of NRC Form 241, " Report
of Proposed Activities in Non Agreement States " with the Regional
Administrator of the appropriate NRC regional office.
On August 5, 1996, the inspector reviewed the conduct of activities
involving the use of byproduct material at Eglin Air Force Base (EAFB),
Florida with cognizant Air Force representatives.
From discussions with
Air Force representatives for activities that involved moisture density
testing, the inspector determined that Tri-State Testing (TST) had
conducted moisture density testing at EAFB in past years. However, Air
Force representatives were not able to confirm the exact dates TST
utilized the portable moisture density gauges (PMDGs). Also, the
inspector was unable to verify TST's use of PMDGs due to the volume of
documents available for review.
For those records sampled, the
inspector was not able to determine if TST had conducted activities
using PMDGs.
On November 5, 1996, the inspector conducted an onsite ins >ection of TST
to determine if TST had conducted activities requiring an iRC license at
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EAFB, Florida. The inspector discussed those activities with TST
representatives and reviewed those TST records available at the time of
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the onsite inspection.
From those discussions and reviews, the
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inspector independently verified that TST had used a PMDG for moisture
density testing purposes at EAFB, Florida. TST representatives stated
that the PMDG had been used over the last five years at EAFB, Florida.
During that five year period TFT used the PMDG for a >eriod of one and
a half years, averaging two times a month. However, t1e inspector was
not able to determine the exact dates of use for those and other
activities in past years. Activities conducted under TST's State of
Florida radioactive materials license did not require them to maintain a
utilization log.
During discussions with the ins)ector, TST
representatives could not recall the exact dates aut only an estimate of
when the PMDGs had been used at EAFB. TST representatives stated that
they were under the assumption that they had a State of Florida
radioactive materials license which allowed them to conduct moisture
density activities at temporary job sites in the State of Florida
including EAFB. TST representatives stated that they did recall
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reveiving within the last month information from the State of Florida
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regarding the requirement for filing for reciprocity with the NRC.
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However, prior to receipt of the State of Florida information. TST
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representatives were not aware of the requirement for filing for
reciprocity with the NRC. TST representatives informed the innector
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that since receipt of the State of Florida information. TST had not
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conducted activities at EAFB or other military installations. Although
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the ins
tor could not independently verify the exact dates of use of
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TST's P
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TST representatives, that TST had not filed for reciprocity to conduct
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licensed activities at EAFB, Florida, areas of exclusive Federal
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jurisdiction.
Failure of the licensee to file for reciprocity for
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licensed activities conducted in areas of exclusive Federal jurisdiction
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was identified as an apparent _ violation of 10 CFR 30.3.
02.
Oraanization and Scooe of the Licensee Proaram (87100)
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Through discussions with cognizant licensee representatives, the
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inspector determined that TST was licensed by the State of Florida to
possess and use radioactive materials contained in PMDGs for measuring
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properties of construction materials or soils. Through those
. discussions and from a review of records, the inspector determined that
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TST possessed and used four PMDGs that contained millicurie quantities
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of cesium 137 and americium 241. Also, the inspector determined that
three individuals were trained to use the PMDGs. TST representatives
stated that company activities primarily involved soil testing. TST
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used the PMDGs at temporary job sites located throughout the State of
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Florida including areas of exclusive Federal jurisdiction.
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EXIT MEETING SUMMARY
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An exit meeting was held with TST representatives on November 5, 1996. The
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overall findings from the inspection, including the apparent violation, were
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discussed. No dissenting commerts were received from TST, and TST did not
specify any information reviewed during the inspection as proprietary in nature.
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LIST OF PERSONS CONTACTED
Licensee
Art Pettis, President
Cindy Pettis, Secretary
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INSPECTION PROCEDURE USED
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IP 87100:
Licensed Materials Program
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ITEMS OPENED, CLOSED, AND DISCUSSED
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OPENED
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96 001
FAILURE TO OBTAIN A LICENSE TO POSSESS AND USE RADI0 ACTIVE
MATERIAL
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