ML20138N588

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Insp Rept 99990001/97-04 on 970130.Violations Noted. Major Areas Inspected:Organization & Scope Program,Review of NRC Reciprocity Files,Onsite Insp & Interview W/State of Nh
ML20138N588
Person / Time
Issue date: 02/18/1997
From: Arredondo S, Johansen J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20138N571 List:
References
REF-QA-99990001-970219 99990001-97-04, 99990001-97-4, NUDOCS 9702270364
Download: ML20138N588 (3)


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ENCLOSURE 2 l

U.S. NUCLEAR REGUL ATORY COMMISSION l REGION I I l

INSPECTION REPORT 1

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Report No. 9999-0001/97-008 ,

Docket No. 9999-0001 New Hampshire License No. 264R Licensee: M&W Soils Enaineerina, Inc.

265 Main Street P.O. Box 884 Charlestown, New Hamoshire 03603 Facility Name: M&W Soils Enaineerina, Inc.

inspection At: 265 Main Street Charlestown, New Hampshire Inspection Conducted: Januarv 30.1997 Inspector: -

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"' Sheri A. Arredondo date Health Physicist Approved By: A,mA m k/c[97 M r al ranch 3 Division of Nuclear Materials Safety insoection Summarv: Special, unannounced safety inspection conducted on January 30,1997 (Inspection Report No. 9999-0001/97-008).

Areas insoected: The inspection consisted of on-site and in-office inspection by Region I staff. Areas reviewed during the inspection included the organization and scope of program, review of NRC reciprocity files, on-site inspection, and an interview with the State of New Hampshire. The on-site inspection consisted of interviews with personnel and review of selected records.

Resulla: One apparent violation was identified: failure to file NRC Form 241 for reciprocity when working in an NRC State (Section 5).

9702270364 970219 REG 1 GA999 ENV*****

99990001 PDR

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1 DETAILS i

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1. Persons Contacted i

Wairen L. Stevens, President and gauge user Dennis O'Dowd, Supervisor, Radioactive Materials Group, State of New Hampshire denotes presence at exit meeting on January 30,1997

2. Oraanization and Scope of Licensed Activities I i

M&W Soils Engineering, Inc. is a small company which employs three individuals in the use of portable nuclear density gauges for materials testing. Approximately ten percent of their work involves use of the gauges. The gauge users report to the president of the company who also occasionally uses the gauges. They have a total of 3 portable nuclear density gauges containing approximately 9 millicuries of Cesium-137 and 44 millicuries of Americium-241 per gauging device. These gauges are used in the State of New Hampshire under a valid materials license.

3. Notification by State of New Hamoshire i

in a letter dated January 8,1997, the State of New Hampshire notified the NRC that on December 12,1996, they conducted a routine compliance inspection of M&W Soils Engineering, Inc., New Hampshire License No. 264R. During this inspection, review of the licensee's utilization log and interview with the company's president and Radiation Safety Officer indicated that the licensee had conducted activities at temporary job-sites in Vermont on several occasions, and had not contacted the NRC to obtain reciprocity. The State discussed the issue with the licensee, and it was confirmed that the licensee would contact the NRC for information on reciprocity and/or licensing in an NRC State.

4. Review of NRC Reciprocity Files The inspector performed a data search of the NRC's computer system that is used to document all reciprocity requests. The inspector found that M&W Soils Engineering, Inc. had never requested reciprocity for any use of radioactive materials in any state that is under NRC jurisdiction.
5. On-site insoection On January 30,1997, an NRC inspector conducted an unannounced inspection at the licensee's facility located at 265 Main Street, Charlestown, New Hampshire.

From an interview with the company's president and review of their records, the inspector found that the licensee had been using three gauges at approximately twelve locations in the State of Vermont from approximately January 1,1994 through December 12,1996. The president of the company stated that he did not know that he was not allowed to use the gauges in the State of Vermont until December 12,1996. He stated that December 12,1996 is the date of the Inspection Report No. 9999-0001/97-008 i

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3-inspection by the State of New Hampshire, their first inspection since the change of ownership of the company in 1994. He stated that he never received any information from the State regarding such reciprocity requirements. Since the

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date of the inspection, he ceased use of the gauges in Vermont and has been '

using alternative methods. He also stated that he contacted the NRC Region I to l get information on obtaining reciprocity. The inspector observed that he was in l receipt of the NRC reciprocity information, including NRC Form 241. 1

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The inspector interviewed the company's president regarding the radiation safety  !

program. Specifically, the inspector reviewed their compliance with requirements l for security and storage of the gauges at temporary job-sites, training, ALARA (as  ;

low as reasonably acheivable) program, transportation, and incidents. The gauges I were never stored overnight at a location in Vermont, they were returned at the i end of the day to their storage location in Charlestown, New Hampshire. Also, ,

the inspector concluded that their were no incidents involving the gauges or loss ,

of radioactive material. The inspector also reviewed selected records on '

qualifications and training of gauge users, dosimetry, leak testing, inventory, and i transportation. The inspector concluded that the licensee was using the gauges in accordance with NRC requirements.

The finding that the licensee used three portable nuc! car density gauges from approximately January 1,1994 through December 12,1996 in the State of '

Vermont containing approximately 9 millicuries of Cesium-137 and 44 millicuries of Americium 241 per gauging device at approximately 12 locations without filing NRC Form 241 for reciprocity as required by 10 CFR 150.20(b)(1), is an apparent -l violation.

No further safety concerns were identified, j

6. Interview with State of New Hamoshire l

The inspector contacted the State of New Hampshire by telephone. They indicated that they do not send out information on reciprocity when a new license is issued and thus they would have not sent M&W Soils Engineering, Inc.

information when their license changed ownership in 1994. They also indicated that they have not sent out any other information regarding reciprocity to their licensee, such as annual reminders. They indicated that the only statement of reciprocity requirements would be in their regulations which licensees only obtain if they pay for a copy. They further stated that not all of their licensees obtain copies of the regulations.

7. Exit Meetina The inspector met with the president of the company, denoted in Section 1 of this report on January 30,1997. The purpose and scope of the inspection, as well as j the findings of the inspection were discussed.

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Inspection Report No. 9999-0001/97-008 i