ML20135C788
| ML20135C788 | |
| Person / Time | |
|---|---|
| Site: | 15000009 |
| Issue date: | 11/26/1996 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20135C781 | List: |
| References | |
| 15000009-96-17, NUDOCS 9612090090 | |
| Download: ML20135C788 (4) | |
See also: IR 015000009/1996017
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U. S. NUCLEAR REGULATORY COMMISSION
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REGION II
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Docket No.: 150 00009
Report No.: 150 00009/96-17
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Organization: J & M Testing Lab, Inc.
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location: Chipley, Florida
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Date: November 5, 1996
Inspector: Wade T. Loo. Health Physicist
Approved by: Charles M. Hosey Chief
l Materials Licensing / Inspection Branch 1
Division of Nuclear Materials Safety
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Enclosure
9612090<FPio 961126 >
PEWt STPRG ESKHrL l
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EXECUTIVE SUMMARY
J & M Testing Lab, Inc. l
NRC Inspection Report 150 00009/96 17
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This special, unannounced inspection was conducted to evaluate J & M Testing
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Lab. Inc.'s (JMTL's) radiation safety program for moisture density testing ,
activities conducted in areas of exclusive Federal jurisdiction. Through '
i discussions with cognizant JMTL representatives, reviews of documents, and
- direct observations of licensee equipment and instrumentation, the inspector i
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found that JMTL did not have a specific NRC license nor did the company file
for reciprocity in accordance with 10 CFR 150.20. The company thus, did not
have an NRC license to use byroduct material in areas of exclusive Federal
. jurisdiction. Program areas discussed in this report are management oversight
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and organization and scope of the program.
Manaoement Oversicht
. The inspector identified an apparent violation regarding JMTL's failure
to file reciprocity with the NRC prior to using radioactive materials
, for conducting moisture density testing at Eglin and Tyndall Air Force
Bases Florida, areas of exclusive Federal jurisdiction.
Oraanization and ScoDe of the Licensee Procram
. JHTL had a State of Florida license to possess and use radioactive
material contained in portable moisture density gauges to measure
properties of construction materials or soils. The use of byproduct
materials was conducted at tem p rary job sites throughout the State of ,
Florida including areas of exclusive Federal jurisdiction. j
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REPORT DETAILS
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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 spmific or general
license issued by the NRC.
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10 CFR 150.20(a) provides, in part, that any person who holds a specific
license from an Agreement State is granted 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 engaging 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 July 15 and August 5,1996, the inspector reviewed the conduct of
activities involving the use of byproduct material at Tyndall Air Force
Base (TAFB) and Eglin Air Force Base (EAFB), Florida, respectively, with
cognizant Air Force representatives. From discussions with Air Force
representatives regarding activities that involved moisture density
testing, the inspector determined that J & M Testing Lab, Inc. (JMTL)
had conducted moisture density testing at EAFB and TAFB in past years.
However, Air Force re)resentatives were not able to confirm the exact
dates JMTL utilized t1e portable moisture density gauges (PMDGs). Also,
the inspector was unable to verify JMTL'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 JMTL had conducted activities
using PMDGs.
On November 5, 1996, the inspector conducted an onsite inspection of {
JMTL to determine if JMTL had conducted activities requiring an NRC '
license at EAFB and TAFB, Florida. The inspector discussed those
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activities with JMTL representatives and reviewed those JMTL records <
available at the time of the onsite inspection. From those discussions
and reviews, the inspector independently verified that JMTL had used a
PMDG for moisture density testing aur>oses at EAFB and TAFB, Florida.
JMTL representatives stated that tie )MDGs had been used an average of
once a month during the last five years at TAFB, Florida. At EAFB,
Florida, JMTL representatives stated that the PMDGs had been used for
only one job, during the Spring of 1996, for approximately one hour a
day for three days. However, the inspector was not able to determine
the exact dates of use for those activities in past years. Activities
conducted under JMTL's State of Florida radioactive materials license
did not require them to maintain a utilization log. During discussions
with the inspector, JMTL representatives could not recall the exact
dates but only an estimate of when the PMDGs had been used at EAFB and
TAFB, Florida. JMTL 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
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temporary job sites in the State of Florida including EAFB and TAFB, .
Florida. JMTL representatives also stated that they were not aware of
the requirement for filing for reciprocity with the NRC. Although the
ins:ector could not independently verify the exact dates of use of l
JMT_'s PMDGs at EAFB and TAFB, the inspector concluded based on those i
discussions with JMTL representatives that JMTL had not filed for i
reciprocity to conduct licensed activities at EAFB and TAFB, Florida,
areas of exclusive Federal jurisdiction. Failure of the licensee to
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file for reciprocity for licensed activities conducted in areas of ;
exclusive Federal jurisdiction was-identified as an apparent violation l
of 10 CFR 30.3 '
02. Oraanization and Scooe of the Licensee Proaram (87100) j
Through discussions with cognizant licensee representatives, the
inspector determined that JMTL was licensed by the State of Florida to ,
possess and use radioactive materials contained in PMDGs for measuring i
properties of construction materials or soils. Through those I
discussions and from a review of records, the inspector determined that
JMTL possessed and used PMDGs that contained millicurie quantities of
cesium 137 and americium 241. Also, the inspector determined that two
individuals were trained to use the PMDGs. JMTL representatives stated
that company activities primarily involved soil testing. JMTL used the
PMDGs at temporary job sites located throughout the State of Florida
including areas of exclusive Federal jurisdiction.
EXIT MEETING SUMMARY
An exit meeting was held with JMTL representatives on hovember 5,1996. The
overall findings from the inspection, including the apparent violation were
discussed. No dissenting comments were received from JMTL, and JMTL did not
specify any information reviewed during the inspection as proprietary in nature.
LIST OF PERSONS CONTACTED
Licensee
M. Peel, President
S. Peel, Secretary Treasurer
INSPECTION PROCEDURE USED
IP 87100: Licensed Materials Program
ITEMS OPENED, CLOSED, AND DISCUSSED
OPENED
96 001 VIO FAILURE TO OBTAIN A LICENSE TO POSSESS AND USE RADIOACTIVE
MATERIAL
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