ML20138H062
| ML20138H062 | |
| Person / Time | |
|---|---|
| Site: | 15000019 |
| Issue date: | 04/28/1997 |
| From: | Blough A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Herbert J External (Affiliation Not Assigned) |
| Shared Package | |
| ML20138H066 | List: |
| References | |
| 15000019-97-01, 15000019-97-1, NUDOCS 9705070057 | |
| Download: ML20138H062 (3) | |
See also: IR 015000019/1997001
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April 28,1997
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Docket No. 150-00019 Maryland License No. MD-43-007-01 l
John Herben. Sr.
President
Hagerstown Construction Services, Inc.
1023 Maryland Avenue
Hagerstown, Maryland 21740
SUL1Et T: NRC SPECIAL INSPECTION REPORT NO. 15000019/97-001 AND !
PREDECISIONAL ENFORCEMENT CONFERENCE !
Dear Mr. Herbert:
This refers to the inspection conducted on April 17 and 18,1997 at Hagerstown, Maryland
and Greencastle, Pennsylvania. The inspection was an examination of your licensed
activities as they relate to radiation safety and to compliance with the Commission's
regulations and the license conditions. The inspection was limited to observations by the
inspector, interviews with personnel and selective examination of records related to
activities within the NRC's jurisdiction. The enclosed report presents the results of this
inspection.
Based on the results of this inspection, three apparent violations were identified and are
being considered for escalated enforcement ac mn in accordance with the " General
Statement of Policy and Procedure for NRC Entorcement Actions" (Enforcement Policy),
NUREG-1600. The apparent violations include the 1) failure to file NRC Form 241 prior to
performing licensed activities in NRC jurisdiction; 2) use of a radioactive materials package
in an impaired condition; and 3) failure to mark a transport package with the letters "RQ".
Accordingly, no Notice of Violation is presently being issued for these inspection findings.
In addition, please be advised that the number and characterization of apparent violations
described in the enclosed inspection report may change as a result of further NRC review.
As a result of the discussion with Terry Murray of your staff and Jenny Jahansen and
Duncan White of this office on April 25,1997, a closed transcribed predecisional
enforcement conference to discuss these apoarent violations has been scheduled for May
16,1997 at 10:00 a.m. at the NRC Region I office in King of Prussia, Pennsylvania.
Directions are enclosed. The decision to hold a predecisional enforcement conference does
not mean that the NRC has determined that a violation has occurred or that enforcement i
action will be taken. This conference is being held to obtain information to enable the NRC k .
to make an enforcement decision, such as a common understanding of the facts, root .\
causes, missed opportunities to identify the apparent violation sooner, corrective actions,
OG00D2
OFFICIAL RECORD COPY
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IliE.'l ORIGINAL TO
>a REGION I '
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9705070057 970428
PDR STPRC ESGMD
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J. Herbert 2
Hagerstown Construction Services
significance of the issues and the need for lasting and effective corrective action. In
particular, we expect you to address your failure to file for reciprocity with the NRC the
last few years when your company had prior knowledge of this requirement as
demonstrated by your reciprocity application in May 1993 and subsequent revisions ,
submitted later that same year by the Radiation Safety Officer. In addition, this is an
opportunity for you to point out any errors in our inspection report and for you to provide
any information concerning your perspectives on 1) the severity of the violation (s), 2) the
application of the factors that the NRC considers when it determines the amount of a civil ,
penalty that may be assessed in accordance with Section VI.B.2 of the Enforcement Policy, I
and 3) any other application of the Enforcement Policy to this case, including the exercise l
of discretion in accordance with Section Vll. In presenting your corrective action, you I
should be aware that the promptness and comprehensiveness of your actions will be I
considered in assessing any civil penalty for the apparent violations. The guidance in the !
enclosed NRC Information Notice 96-28, " SUGGESTED GUIDANCE RELATING TO l
DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful. l
You will be advised by separate correspondence of the results of our deliberations on this
matter. No response regarding these apparent violations is required at this time.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter
and its enclosure will be placed in the NRC Public Document Room.
Sincerely,
OMainti signea ry:
Francic l'. Costello
A. Randolph Blough, Director
Division of Nuclear Materials Safety
Docket No. 150-00019
Maryland License No. MD-43-007-01
Enclosures:
1. lospection Report No. 15000019/97-001
2. Directions to Region I office
4. NUREG 1600
cc (w/ enclosures):
State of Maryland (w/enct 1) i
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Commonwealth of Pennsylvania (w/enci 1) l
l Jeff Ryder, Radiation Safety Officer
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OFFICIAL RECORD COPY
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J. Herbert 3
- Hagerstown Construction Services
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! Distribution w/enci (1): ,
! PUBLIC
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s Nuclear Safety Information Center (NSIC)
} Region I Docket Room (w/ concurrences)
l H. Thompson, DEDR '
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D. Cool, NMSS
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J. Lieberrnan, OE
A. Nicosia, OGC ;
, L. Davis, OGC
j W. Axelson, RI
i J. Fewell, Rl
, D. Holody, RI
- T. Walker, RI
i PAO,RI l
C. Gordon, RI
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D. Chawaga, RI '
! F. Costel!o, RI
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C. Buracker, RI
M. Campion, RI
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DOCUMENT NAME: R:\WPS\MLDL\L1500019.971 i
To ,eceive e copy of then document, indicate in the boa: 'C' - Copy w/o attach /enci *E* = Copy w/ attach /enci 'N' = No copy
OFFICE DNg3 j N DNMS/RI n _
(/fjl3jkSI DNMS/RI l
NAME Johansen W V Bidugh
Whi3LV' "
DATE 04p07 04/15/97 (/ 04/3797