ML20137X355
| ML20137X355 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20137X352 | List: |
| References | |
| 1500009-97-02, 1500009-97-2, NUDOCS 9704220002 | |
| Download: ML20137X355 (6) | |
See also: IR 015000009/1997002
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U. S. NUCLEAR REGULATORY COMMISSION
REGION II
Docket No.:
150-00009
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License No.:
General License (10 CFR 150.20)
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Report No.':
150 00009/97 02
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Licensee:
Radiation Consulting Associates, Inc.
Location:
Hialeah Gardens, Florida
Date:
March'17, 1997
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Inspectors:
John H. Pelchat Health Physicist
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Lee A. Franklin, Radiation Specialist
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Approved by:
Thomas R. Decker, Acting Chief
Materials Licensing / Inspection Branch I
Division of Nuclear Materials Safety
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Enclosure 1
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9704220002 970416
STPRO ESOFL
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EXECUTIVE SUMMARY
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Radiation Consulting Associates Inc.
NRC Inspection Report 150 00009/97-02
This special, unannounced inspection was conducted to evaluate the licensee's
activities as they related to the relocation of fixed gauging devices and
sealed source leak testing conducted in areas of Nuclear Regulatory Commission
(NRC) jurisdiction. Through discussions with cognizant company
representatives, and reviews of documents, the inspectors found that Radiation
Consulting Associates, Inc. (RCAI) had used byproduct material in areas of NRC
jurisdiction without a general or specific NRC license. The scope of the
inspection was limited to a review of the licensce's activities in states in
NRC jurisdiction.
RCAI has a State of Florida license to possess and use radioactive
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material incident to the analysis of sealed source leak test and
contamination samples, and for the calibration of radiation survey
instruments. The use of licensed radioactive materials occurred at
temporary job sites of RCAI throughout the State of Florida. Use of
licensed materials also occurred in Minnesota and New Jersey, areas of
NRC jurisdiction as well as in Colorado, Georgia, Kansas, Louisiana,
Oregon, Tennessee, and Texas, all of which are Agreement States.
The inspectors identified a potential violation regarding RCAI's failure
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to file for reciprocity under 10 CFR 150.20 prior to removing fixed
gauging devices from service at an Owens Corning facility in
Minneapolis, Minnesota, an area of NRC jurisdiction.
It was further
determined that the Florida license under which this activity was
conducted did not autMrize the relocation or removal of fixed gauges.
The inspectors identified a potential violation regarding RCAI's failure
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to file for reciprocity under 10 CFR 150.20 3rior to collecting leak
test samples at Owens Corning facilities in (earny, New Jersey and in
Minneapolis, Minnesota, areas of NRC jurisdiction.
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REPORT DETAILS
01.
Activities in States in NRC Jurisdiction (87100)
The licensee's activities were inspected for compliance with the
following NRC requirements:
10 CFR 30.3 requires in part, that no person shall possess or use
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byproduct material exceat 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
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specific license from an Agreement State is granted an Nuclear
Regulatory Commission (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
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activities in non Agreement States shall, at least 3 days before
engaging in 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.
Items 9.A - H. of Florida License No. 677-1, issued to Radiation
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Consulting Associates, Inc. (RCAI), in part, authorize the
possession and use of licensed radioactive materials incident to
the analysis o
'aled source leak test and contamination samples,
for the calibrativ,. of radiation survey instruments, and for
storage only.
Findinas:
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During the first week of January 1997, an inspector from the NRC's
Region III office conducted a routine inspection at the Owens Corning
fiberglass plant in Minneapolis, Minnesota. The Owens Corning facility
is an NRC licensee (License No. 34 18712 01). The inspector's review of
records revealed that Mr. Rick Case of Rick Case Consulting & Services,
Inc., located in Edmond, Oklahoma performed leak tests on a fixed gauge
on several occasions under Florida License No. 677-1, issued to
Radiation Consulting Associates, Inc. (RCAI). The inspector also noted
that at the request of Owens Corning personnel, Mr. Case removed the
fixed gauge from the licensee's production line and placed it into a
shipping container. The NRC license issued to Owens Corning
specifically requires that a person relocating or removing a fixed gauge
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must be specifically licensed by the NRC or an Agreement State to
perform such activities.
Region III staff reviewed reciprocity records and found that neither
Mr. Case nor RCAI had filed for reciprocity with the Region III office.
Region II reciprocity records were reviewed and revealed that neither
Mr. Case or RCAI had filed for reciprocity with the Region II office.
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On March 17, 1997, the inspectors conducted an inspection of Radiation
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Consulting Associates, Inc.'s (RCAI) activities in areas of NRC
jurisdiction.
From discussions with the President / Radiation Safety
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Officer (RS0) and review of licensee records, the inspectors determined
that RCAI had a State of Florida radioactive materials license to
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possess and use radioactive materials incident to collection and
analysis of leak tests, the performance of shielding evaluations, the
storage of certain devices containing radioactive materials and the
calibration of radiation survey instruments.
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Through discussions and reviews of leak test analysis records, the
inspectors determined that RCAI had conducted licensed activities in
Kearny, New Jersey and in Minneapolis, Minnesota, areas in NRC
jurisdiction on the following occasions:
Date
Location
Tvoe of Activity
February 3, 1997
Kearny, New Jersey
leak test
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December 28, 1996
Minneapolis, Minnesota
leak test and
gauge removal
October 11, 1996
Kearny, New Jersey
leak test
December 11, 1995
Minneapolis, Minnesota
leak test
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June 26, 1995
Minneapolis, Minnesota
leak test
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December 11, 1995
Minneapolis, Minnesota
leak test
June 26, 1995
Minneapolis, Minnesota
leak test
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April 24, 1994
Minneapolis, Minnesota
leak test
July 2,1992
Minneapolis, Minnesota
leak test
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April 2, 1992
Kearny, New Jersey
leak test
All of the above listed work was performed by Mr. Case. The RSO stated
that all of his other licensed activity work at temporary job sites was
limited to the State of Florida and the Bahamas.
In addition to the
work listed above, the inspectors' review of records indicated that
Mr. Case had performed licensed activity in several Agreement States
including Colorado, Georgia, Kansas, Louisiana, Oregon Tennessee, and
Texas. The RSO stated that Mr. Case paid RCAI for the analysis of the
leak test samples.
The inspectors reviewed the NRC's reciprocity requirements with the RSO
and explained that an Agreement State licensee was required to file for
reciarocity prior to conducting licensed activities in areas where the
NRC 1ad jurisdiction for regulating the use of licensed materials. The
RSO stated several times that he was not aware of this requirement. The
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RSO further stated that it was his belief that his Florida license
smcifically authorized reciprocity work in Agreement States and states
w1ere the NRC had jurisdiction for regulating the use of licensed
materials.
Condition 10.C of Florida License No. 677-1 states: "This
condition does not prohibit use in other agreement states and states
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under the jurisdiction of the Nuclear Regulatory Commission (NRC) under
reciprocity which has been approved by an agreement state or the NRC."
The inspectors clarified the specific requirement to notify the NRC
prior to conducting licensed activity in NRC stctes. Based on these
discussions with the RCAI RSO and review of records, the inspectors
determined that RCAI had not filed for reciprocity to conduct licensed
activities in New Jersey and Minnesota, areas of NRC jurisdiction.
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Failure of RCAI to file for reciprocity prior to conducting licensed
activities in areas of NRC jurisdiction was identified as an potential
violation with regard to the requirements of 10 CFR 30.3.
The RS0 indicated that he was not aware of Mr. Case's removal of the
fixed gauges until after the fact when he was contacted on about
February 7,1997, by the Region II Agreement State Officer concerning
the matter.
Interviews of the RSO and review of licensee records
indicated that on October 8,1991, RCAI requested that their license be
amended to add Mr. Case as an authorized user to perform leak tests.
Included in the amendment request was a letter from Mr. Case to the RS0
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dated September 30, 1991. Mr. Case's letter was not specific to the
activities he would be conascting. The RSO added that he had only
communicated with Mr. Case by telephone and letter, and that he had
never physically met Mr. Case. The amendment request included a copy of
Mr. Case's resume.
Review of Mr. Case's resume indicated he had
training and experience in the use of fixed gauging devices including
the installation, leak testing, maintenance, survey, and removal of
fixed gauging devices.
Review of records and discussions with licensee and State of Florida
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Office of Radiation Control personnel indicated that on January 26,
1993, RCAI requested that their State of Florida radioactive materials
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license be amended to " permit Mr. Case to exchange source holders on
beta gauges." On February 5,1993, the State of Florida issued a
deficiency letter requesting additional information regarding RCAI's
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normal and emergency operating procedures for installing fixed gauge
sources.
In a letter dated April 30, 1993. RCAI stated that Mr. Case
had not provided normal and emergency procedures and asked that the
request for'this authorization be put on hold. Based on these
discussions with the RCAI RS0, review of records, and the information
provided by the Region III inspector, the inspectors determined that an
authorized user on the RCAI license removed a fixed gauging device from
service, an activity not authorized on RCAI's license.
Failure of RCAI
to limit licensed activities in NRC jurisdiction to those authorized on
its Agreement State license was identified as an potential violation
issued with regard to the requirements of 10 CFR 30.3.
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EXIT MEETING SUMMARY
An exit meeting was held with the RCAI representatives on March 17, 1997. The
overall findings from the inspection, including the potential violations were
discussed. No dissenting comments were received from RCAI representatives,
and RCAI did not specify any information reviewed during the inspection as
proprietary in nature.
LIST OF PERSONS CONTACTED
Licensee
D. Henker, President and Radiation Safety Officer
State of Florida
M. Stevens. Office of Radiation Control
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INSPECTION PROCEDURES USED
IP 87100: Licensed Materials Program
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ITEMS OPENED, CLOSED, AND DISCUSSED
OPENED
97 001
FAILURE TO RESTRICT ACTIVITIES IN NRC JURISDICTION TO THOSE
SPECIFICALLY AUTHORIZED ON AN AGREEMENT STATE LICENSE
97-002
FAILURE TO FILE RECIPROCITY WITH NRC RII 0FFICE
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