ML20136E073

Insp Rept 15000005/96-01 on 960716-970203.Violations Noted. Major Areas Inspected:Review of Portable Nuclear Gauge Activities

ML20136E073
Person / Time
Site:	15000005
Issue date:	03/07/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20136D993	List: ML20136D988 ML20136E040 ML20136E073
References
15000005-96-01, 15000005-96-1, NUDOCS 9703130103
Download: ML20136E073 (8)

See also: IR 015000005/1996001

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ENCLOSURE 2

U.S. NUCLEAR REGULATORY COMMISSION  ;

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REGION IV

Docket No.: 150-00005

License No.: 580-01 (Colorado)

Report' No.: '150-00005/96-01

Licensee: Western Colorado Testing, Inc.

Facility: Grand Junction, Colorado

Location: Grand Junction, Colorado

Dates: July 19,1996, through February 3,1997

Inspector: Jeffrey Cruz

Radiation Specialist l

Approved By: Linda L. Howell, Chief

Nuclear Materials inspection and

Feel Cycle / Decommissioning Branch

Attachment: Supplemental Inspection Information

9703130103 970307

PDR STPRC ESGCO

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EXECUTIVE SUMMARY

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Grand Junction Office

NRC Inspection Report 150-00005/96-01

This special, unannounced inspection included a review of portable nuclear gauge activities

performed by Western Colorado Testing, Inc., (WCTI) a Colorado licensee, in Idaho and

Wyoming, both non-Agreement States. The inspection included a review of the

administrative aspects of the licensee's radiation safety program, including the filing of an

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NRC Form 241, " Report of Proposed Activities in Non-Agreement States," and interviews

with licensee personnel.

Filino NRC Form-241. "Recort of Proposed Activities in Non-Aareement States"

The inspector identified an apparent violation of 10 CFR 150.20(b)(1) involving a

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failure to file an NRC Form 241 prior to performing activities in non-Agreement

! States in 1995 and 1996 (Section 2).

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j_ Trainina, Retrainina, and Instruction to Workers

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A violation of 10 CFR 150.20(b)(4) and Condition 12 of Colorado Radioactive

Material License 580-01 was identified involving a failure to ensure that radioactive

materials were used only by individuals who had successfully completed a training

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course accepted by the U.S. Nuclear Regulatory Commission or an Agreement

State. Two WCTl employees who conducted licensed activities in non-Agreement

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States during calendar years 1995 and 1996 had not completed an accepted

training course (Section 3).

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1 Organization and Scope of the Licensee Program (87100) j

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Western Colorado Testing, Inc., (WCTI) holds a' radioactive material license l

(Colorado 580-01) issued by the state of Colorado which authorizes WCTI to

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e perform work with portable nuclear gauges at temporary jobsite locations

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throughout Colorado. WCTIis a family owned and operated business consisting of l

l - approximately 20 employees during the construction season and approximately

i- 10 employees during the winter months. WCTl possesses 13 nuclear gauges

including Troxler Model 3400s, Troxler Model 3241s and Campbell Pacific Nuclear

[ MC series devices. At the time of the inspection, WCTI employed 10 individuals as -

gauge users who performed work on daily frequency. . The current radiation safety

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i officer (RSO) for the company had held his position since December 1995 and also

L performed as a field test supervisor. The RSO's field dutier required that he spend

between one-third and two-thirds of his time at temporary jobsite locations.

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l By letters dated June 20 and June 25,1996, WCTI submitted two NRC Form 241s

to report proposed activities involving use of byproduct materialin the states of

i Idaho and Wyoming under the authority of a generallicense pursuant to

_10 CFR 150.20. WCTI had previously filed an NRC Form 241 in both 1992 and

! 1993.

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.2 Filing NRC Form 241, " Report of Proposed Activities in Non Agreement States"

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l (87100)

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j 2.1. Insoection Scoce

! The inspector's review of the administrative aspects of WCTI's activities in

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i non-Agreement States included interviews with licensee personnel and a review of

, licensee records.

2.2 Observations and Findinas

On June 18,1996, an NRC inspector conducting routine inspections in Idaho Falls,

. Idaho, observed a WCTl vehicle parked at the Idaho Falls airport. The inspector

, made inquiries with individuals in the area as to the lccation of WCTI personnel and

j equipment, but was unable to make contact with any WCT1 employees. The

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inspector was unable to confirm if licensed activities had been conducted by WCTI

at that location.

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WCTI filed an NRC Form 241 dated June 20,1996, detailing work to be performed

at the Idaho Falls, Idaho, airport and the Afton, Wyoming, airport frorn June 20 to

4 November 1,1996. During a follow-up conversation with WCTI, NRC Region IV

j staff members were advised by WCTI's director of operations that the dates

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reflected on the Form 241 were nct accurate because a nuclear gauge had been

stored in Idaho possibly as early as February 1996 and had been used in Idaho on

May 21,1996. WCTI submitted a corrected Form 241 dated June 23,1996, to

address this inaccuracy.

A special, unannounced inspection was initiated on July 19,1996, to review

WCTl's ongoing activities in Idaho and Wyoming. During the inspection, the

inspector reviewed WCTI's nuclear gauge utilization logs and identified four entries

indicating that work had been performed in Idaho and Wyoming during 1995.

During subsequent interviews conducted on October 8-11,1996, both the company

president and a former RSO indicated that WCTl had performed licensed activities at

the Dixon, Wyoming, airport during the summer of 1995. The company president

also identified a period of time not recorded in the utilization logs, from ,

August 17-22,1995, during which a nuclear gauge had been stored, but not used, l

at the Rock Springs, Wyoming, airport. Licensee representativos also stated that it

was common practice for nuclear gauges used and stored at temporary jobsites

located in northern Colorado to be transported into Wyoming for one-day jobs.

WCTl's president indicated that he was aware of NRC requirements to file an NRC

Form 241 when working in non-Agreement States because he had served as the

RSO for the company prior to 1993, and he had previously filed the required '

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documents in 1992 and 1993. The president indicated that after naming a new

RSO in 1993, he transferred the responsibility of filing NRC Form 241s to the new

RSO and believed that the RSO had taken care of filing the forms. Since no

problems were brought to his attention, the president had assumed that all of

WCTl's responsibilities were being met. The president indicated that he had

followed up with the RSO in regard to work scheduled at the Idaho National

Engineering Lab (INEL) and was advised by the RSO that filing a Form 241 was not

necessary for INEL projects due to a "high security exemption." It was both the

RSO and company president's belief that security issues at a Department of Energy

facility exempted WCTI from filing an NRC Form 241 for work performed at INEL.

When questioned about why WCTl had not filed an NRC Form 241 to report other

licensed activities performed in non-Agreement States in 1995, WCTl's president

had no explanation. The president stated that he believed that the RSO had taken

care of all regulatory requirements and he did not follow up to ensure that all

requirements had been met. WCTI's president also stated that he believed that it

was nothing more than " sloppiness and negligence" that prevented WCTI from filing

an NRC Form 241 in 1995. The president also indicated that WCTl probably would

not have filed a Form 241 in 1996 had an NRC inspector had not observed the

WCTI vehicle at the Idaho Falls airport.

A former employee who served as the RSO during 1994 and 1995 also stated that

he was aware of the requirements pertaining to an Agreement State licensees

conducting work in non-Agreement States. The former RSO recalled contacting the

NRC Region IV office regarding WCTI's work at INEL and based on that

conversation, it was his understanding that it was not necessary for WCTI to file an

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NRC Form 241 for work at INEL WCTl also assumed that since INEL

representatives did not ask for this document, the Form 241 was not necessary.

The former RSO also indicated that WCTI may have worked at locations in Idaho

and Wyoming other than those listed in the utilization logs. The former RSO

indicated that gauges assigned to locations in northern Colorado may have been

used for work in Wyoming and that utilization logs may not have identified all

locations of work in Wyoming. He also stated that gauges were often removed

from, and returned to, the Grand Junction office without his knowledge.

The current RSO was also interviewed regarding WCTI's failure to submit a

Form 241 early in 1996. The current RSO noted that he had completed training

required to designate him as the RSO in December 1995 and assumed RSO duties

shortly thereafter. The RSO noted that it was at this course that he first became

familiar with NRC Form 241 requirements. The RSO stated that he should have

filed an NRC Form 241 to report proposed work activities for 1996, but he had

assumed that the former RSO had already done so and failed to look into it any

further.

10 CFR 150.20(b)(1) requires that any person engaging in activities in

non-Agreement States under the general license provided in 10 CFR 150.20 shall,

at least 3 days before engaging in each such activity, file four copies of NRC

Form 241 and four copies of an Agreement State specific license with the Regional

Administrator of the appropriate Regional office, unless that Regional Administrator

waives the requirement for filing additional forms during the remainder of the

calendar year following the receipt of the initial NRC Form 241. Failure to file an

NRC Form 241 in 1995 to notify the NRC of activities performed in Idaho and

Wyoming and to file an NRC Form 241 prior to conducting activities using

byproduct materialin Idaho Falls, Idaho, during calendar year 1996 was identified

, as an apparent violation of 10 CFR 150.20(b)(1)(150-00005/9601-01).

2.3 Conclusions

The inspector identified an apparent violation of 10 CFR 150.20(b)(1)ir:volving a

f ailure to file an NRC Form 241 to report proposed work prior to conducting.

activities using byproduct materialin non-Agreement States in 1995 and 1996.

3 Training, Retraining, and Instruction to Workers (87100)

3.1 Insoection Scopjt

This portion of the inspection included interviews with licensee personnel and a

review of licensee records.

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Observations and Findinas

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in a letter to the NRC dated September 10,1996, WCTI identified five locations at

-which licensed activities had been conducted in non Agreement States during 1994,

1995 and 1996. This letter also identified the WCTI technicians who performed

work at the specified locations using portable nuclear gauges. The inspector

reviewed the training records for each of the employees listed in WCTl's letter and .j

. identified two technicians who had not completed a radiation safety / gauge user

course approved by the NRC or an Agreement State.

in 1994, WCTl submitted a license renewal application to the Colorado Radiation

Control Division. In its renewal application, WCTI requested that it be allowed to

provide "in-house" portable gauge and radiation safety training to meet the

requirements of Condition 12 of the Colorado license. Following a review of the

license application, the Colorado Radiation Control Division did not approve this

request. WCTI failed to recognize that the request had been denied and instituted a

nuclear gauge training program to qualify WCTI employees as radioactive material  !

users. This in-house program consisted of lecture presentation and self-study of the

"Troxler Nuclear Gauge Safety Manual." WCTI employees were then required to

pass a 25 question, multiple choice examination prior to becoming qualified as

. gauge users.

A technician who conducted licensed activities in the state of Wyoming had been

qualified through completion of WCTI's training program. The technician had not

completed an accepted course prior to performing nuclear gauge activities in

Wyoming, a non-Agreernent State, on August 17-22,1995. A second technician

who worked at the Afton airport during June and July 1996 also did not complete a

training course approved by the NRC or an Agreement State. WCTl representatives

stated that because this individual had completed a bachelor's degree in engineering l

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and was working on an advanced degree in Hazardous Waste Management, WCTI

decided to waive his radiation safety training requirements. WCTI also believed that

since the individual had previously received some basic radiation safety training

during indoctrination training at INEL, a waiver was justified. The technician did

receive training in the use of the nuclear gauge from WCTl prior to conducting

licensed activities.

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10 CFR 150.20(b)(4) states that any person engaging in activities in non-Agreement

States under the general licenses provided in 10 CFR 150.20 shall comply with all

terms and conditions of the specific license issued by an Agreement State except

such terms or conditions as are contrary to the requirements of 10 CFR 150.20.

License Condition 12 of WCTl's Colorado Radioactive Material Licent.e requires that

radioactive materials be used only by individuals who have successfully completed a

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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. The

use of byproduct materialin portable nuclear gauging devices by individuals who

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had not completed an accepted training course was identified as a violation of

10 CFR 150.20(b)(4)and License Condition 12(150-00005/9601-02).

3.3 Conclusions

The inspector identified a violation of 10 CFR 150.20(b)(4) and Condition 12 of

Colorado Radioactive Material License 580-01. The violation involved the failure to

ensure that radioactive materials were used only by individuals who had

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.

Exit Meeting Summary

Region IV staff presented the inspection results to licensee management via

telephone on February 3,1997. Licensee representatives acknowledged the

inspector's findings and confirmed that no proprietary information was reviewed

during the inspection.

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ATTACHMENT

SUPPLEMENTAL INSPECTION INFORM ATION

PARTIAL LIST OF PERSONS CONTACTED

Licensee

James R. Fife, Owner / President

David W. Fife, RSO

Shawna K. Lofquist, Director of Operations

Gary L. Hamacher, P.E., Senior Geotechnical Engineer / Technical Director

Armand Marquez, Laboratory Manager

Kyle Alpha, Laboratory Manager

Richard S. Bailey, Former RSO (no longer Employed by WCTI)

INSPECTION PROCEDURES USED

87100 Licensed Materials Programs

83822 Radiation Protection

86740 Inspection of Transportation Activities

ITEMS OPENED, CLOSED, AND DISCUSSED

Ooened

150-00005/9601-01 APV Failure to file an NRC Form 241 to report proposed

work in non-Agreement States in 1995 and failure to

file an NRC Form 241 in 1996 prior to conducting

activities using a nuclear gauge in a non Agreement

State.

150-00005/9601-02 VIO Failure to ensure that radioactive materials were used

only by individuals who had successfully completed a

training course in the safe use and handling of portable

gauges accepted by the U.S. Nuclear Regulatory

Commission or an Agreement State

Closed

None

Discussed

None

LIST OF ACRONYMS USED

APV Apparent Violation

INEL Idaho National Engineering Laboratory

NRC Nuclear Regulatory Commission

RSO Radiation Safety Officer

VIO Violation

WCTI Western Colorado Testing, Inc. '