ML20136D988
| ML20136D988 | |
| Person / Time | |
|---|---|
| Site: | 15000005 |
| Issue date: | 03/07/1997 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Fife J COLORADO, STATE OF |
| Shared Package | |
| ML20136D993 | List: |
| References | |
| EA-96-459, NUDOCS 9703130082 | |
| Download: ML20136D988 (5) | |
See also: IR 015000005/1996001
Text
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REGloN IV
611 RYAN PLAZA oRIVE SUITE 400
ARLINGTON, TEXAS 76011-8064
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March 7,1997
EA 96-459
James R. Fife, President
Western Colorado Testing, Inc.
529 251/2 Road, #B101
Grand Junction, Colorado 81505
SUBJECT: NRC INSPECTION 6EPORT 150-00005/96-01, NOTICE OF VIOLATION, AND
INVESTIGATION REPORT NO. 4-96-040
Dear Mr. Fife:
On October 11,1996, the NRC conducted an inspection of activities performed by
Western Colorado Testing, Inc., (WCTI) in non-Agreement States; specifically, Idaho and
Wyoming. The inspection included interviews with you and your staff and a review of
pertinent records at your office in Grand Junction, Colorado. In addition to the inspector's
review of WCTI's activities in Idaho and Wyoming, the NRC Office of Investigations Field
Office, Region IV, conducted a concurrent investigation to review the circumstances
surrounding WCTl's failure to notify the NRC of activities in NRC jurisdiction. The
investigation concluded on January 8,1997. The findings of the inspection and
investigation were discussed with you dunng a telephonic exit briefing on February 3,
1997.
As discussed with you during the exit briefing, a violation was identified involving the
failure to comply with all terms and conditions of the specific license issued by an
Agreement State while engaging in activities in non-Agreement States. Specifically,
Condition 12 of your Colorado Radioactive Material License requires that radioactive
materials be used by individuals who have successfully completed a training course in the
safe use and handling of portable gauges which has been accepted by the U.S. Nuclear
Regulatory Commission or an Agreement State. However, our inspection disclosed that an
individual who worked at Afton, Wyoming, in 1996 and an individual who utilized a nuclear
gauge at Rock Springs, Wyoming,in 1995 had not received the training specified in the
license condition. These individuals had instead received training from WCTI, which does
not have a training program approved by the NRC or an Agreement State. Nonetheless, no
safety concerns were identified relating to these individuals' use of portable gauges. In
addition, you committed during the inspection to ensure that both individuals attend an
authorized training program as soon as practicable.
This violation is being cited in the enclosed Notice of Violation (Notice) and the
circumstances surrounding this violation are described in detail in the enclosed report.
Please note that you are required to respond to this letter and should follow the
instructione specified in the enclosed Notice when preparing your response. For your
consideration and convenience, NRC Information Notice 96-28, " SUGGESTED GUIDANCE
9703130082 970307 IkEN >
PDR STPRG ESGCO
_
-
.-
Western Colorado Testing, Inc. -2-
RELATING TO DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," is
enclosed. The NRC will use your response, in part, to determine whether further
enforce ~ ment action is necessary to ensure compliance with regulatory requirements.
In addition to the violation noted above, one apparent violation was identified and is being
considered for escalated enforcement action in accordance with the " General Statement of
Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600.
The apparent violation involved a failure to file an NRC Form 241 as required by
10 CFR 150.20 prior to conducting licensed activities in non-Agreement States in 1995
and 1996. The NRC considers the apparent violation to be significant, in part, because
WCTI failed to provide notification, by filing an NRC Form 241, of proposed activities to be
performed in Idaho and Wyoming despite the fact that WCTI had filed such forms for wcrk
performed in non-Agreement States prior to 1994.
In addition, based on the results of the investigation, the NRC is concerned that the
apparent violation may have been deliberate. Specifically, the investigation concluded that
WCTI deliberately failed to file a Form 241 prior to performing activities in non-Agreement
States in 1995 and 1998.
The inspection findings relating to this apparent violation, the significance of the issues,
, and the need for lasting and effective corrective action were discussed with you and
Mr. Kyle Alpha of your staff during the telephonic exit meeting on February 3,1997. As a
result, it may not be necessary to conduct a predecisional enforcement conference in order
to enable the NRC to make an enforcement decision. However, a Notice of Violation is not
presently being issued for these inspection findings. Before the NRC makes its
enforcement decision, we are providing you an opportunity to either (1) respond, within
30 days of the date of this letter, to the apparent violations addressed in this inspection
report or (2) request, within 7 days of the date of this letter, a predecisional enforcement
conference.
Your response should be clearly marked as a " Response to An Apparent Violation in
Inspection Report No. 150-00005/96-01"and should include for each apparent violation:
(1) the reason for the apparent violation, or, if contested, the basis for disputing the
. apparent 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 should be submitted under oath or
affirmation and may reference or include previous docketed correspondence, if the
corresponderice adequately addresses the required response.The enclosed information
Notice 96-28 may be of use in preparing this response, if an adequate response is not
received within the time specified or an extension of time has not been granted by the
NRC, the NRC will proceed with its enforcement decision or schedule a predecisional
enforcement conference.
_. _ _ _ - _ _ . . . _ _ . _ - _ _ _ _ _ _ . . _ ._ _ . . _
.
'
.
l Western Colorado Testing, Inc. -3-
!
'
If you choose not to provide a written response and would prefer participating in a
predecisional enforcement conference, please contact Ms. Linda Howell at (817) 860-8213 '
'
as soon as possible.
2
In addition, please be advised that the number and chrracterization of apparent violations
described in the enclosed inspection report may change as a result of further NRC review.
You will be advised by separate correspondence of the results of our deliberations on this-
- matter.
i
$ in accordance with 10 CFR 2.790 of t'.e NRC's " Rules of Practice," a copy of this letter,
'
its enclosures, and your response (if you choose to provide one) will be placed in the NRC
4 Public Document Room (PDR). To the extent possible, your response should not include
,
any personal privacy, proprietary, or safeguards information so that it can be placed in the
,
PDR without redaction,
i
~
I Should you have any questions concerning this inspection, please contact Mr. Jeffrey Cruz
i at (817) 860-8164 or Ms. Linda L. Howell at the number identified above.
!
Sincerely,
Ross A. Scarano, Director
Division of Nuclear Materials Safety
Docket No.: 150-00005
Enclosures:
1. Notice of Violation
2. NRC Inspection Report 150-00005/96-01
3. NRC Enforcement Policy, NUREG-1600
4. NRC Information Notice 96-28
.
cc w/ Enclosures 1 and 2:
Colorado Radiation Control Program Director
Idaho Radiation Control Program Director.
Wyoming Radiation Control Program Director
.
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