ML20139A208
| ML20139A208 | |
| Person / Time | |
|---|---|
| Site: | 15000017 |
| Issue date: | 05/19/2020 |
| From: | Mary Muessle NRC Region 4 |
| To: | Rentrop J Bayou Inspection Services |
| References | |
| EA-20-046 IR 2020002 | |
| Download: ML20139A208 (9) | |
See also: IR 015000017/2020002
Text
May 19, 2020
Joey Rentrop
Corporate Radiation Safety Officer
Bayou Inspection Services, Inc.
318 DeGravell Rd
Amelia, LA 70340
SUBJECT: BAYOU INSPECTION SERVICES, INC. - NRC INSPECTION
REPORT 150-00017/2020-002
Dear Mr. Rentrop:
This letter refers to our in-office document review of information submitted by Bayou Inspection
Services to the U.S. Nuclear Regulatory Commission (NRC) on February 24, 2020, regarding
performance of licensed activities in offshore waters. The records review, conducted between
February 24 and April 16, 2020, related to activities performed under your NRC general license,
which was granted under Title 10 of the Code of Federal Regulations (10 CFR) 150.20,
Recognition of Agreement State Licenses, to ensure compliance with NRC requirements. The
enclosed report presents the results of the review. A final exit briefing was conducted
telephonically with you on May 13, 2020.
Based on our review of the submitted information, one apparent violation was identified and is
being considered for escalated enforcement action in accordance with the NRC Enforcement
Policy. The current Enforcement Policy is included on the NRCs Web site at
http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation
involved the failure to file a submittal containing an NRC Form 241, a copy of the Agreement
State specific license, and the appropriate fee with the appropriate regional office at least 3 days
prior to engaging in licensed activities in offshore waters for calendar year 2020.
Before the NRC makes its enforcement decision, we are providing you an opportunity to
(1) respond to the apparent violation addressed in this inspection report within 30 days of the
date of this letter, (2) request a pre-decisional enforcement conference (PEC), or (3) request
alternative dispute resolution (ADR). If a PEC is held, it will be open for public observation and
the NRC will issue a press release to announce the time and date of the conference. If you
decide to participate in a PEC or pursue ADR, please contact Dr. Heather Gepford
at (817) 200-1156 within 10 days of the date of this letter. A PEC should be held within 30 days
and an ADR session within 45 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to
Apparent Violation in NRC Inspection Report 150-00017/2020-002; EA-20-046, 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
J. Rentrop 2
results achieved; (3) the corrective steps that will be taken; and (4) the date when full
compliance will be achieved.
Your response may reference or include previously docketed correspondence, if the
correspondence adequately addresses the required response. Additionally, your response
should be sent to the NRCs Document Control Center with identical copies mailed to
Ms. Mary Muessle, Director, Division of Nuclear Materials Safety, Region IV, 1600 East Lamar
Boulevard, Arlington, TX 76011, and emailed to R4Enforcement@nrc.gov, within 30 days of the
date of this letter. 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 PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your
perspective on these matters and any other information that you believe the NRC should take
into consideration before making an enforcement decision. The decision to hold a PEC does
not mean that the NRC has determined that a violation has occurred or that enforcement action
will be taken. This conference would be conducted to obtain information to assist the NRC in
making an enforcement decision.
The topics discussed during the conference may include information to determine whether a
violation occurred, information to determine the significance of a violation, information related to
the identification of a violation, and information related to any corrective actions taken or
planned. In presenting your corrective action, you should be aware that the promptness and
comprehensiveness of your actions will be considered in assessing any civil penalty for the
apparent violations. The guidance in the enclosed excerpt from NRC Information Notice 96-28,
Suggested Guidance Relating to Development and Implementation of Corrective Action, may
be helpful.
In lieu of a PEC, you may request ADR with the NRC in an attempt to resolve this issue. ADR is
a general term encompassing various techniques for resolving conflicts using a third party
neutral. The technique that the NRC has decided to employ is mediation. Mediation is a
voluntary, informal process in which a trained neutral (the mediator) works with parties to help
them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral
mediator who has no stake in the outcome and no power to make decisions. Mediation gives
parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of
agreement, and reach a final resolution of the issues.
Additional information concerning the NRC's program can be obtained at
http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict
Resolution at Cornell University has agreed to facilitate the NRC's program as a neutral third
party. Please contact Institute on Conflict Resolution at 877-733-9415 within 10 days of the
date of this letter if you are interested in pursuing resolution of this issue through ADR.
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.
You will be advised by separate correspondence of the results of our deliberations on this
matter.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter,
its enclosure(s), and your response, if you choose to provide one, will be made available
electronically for public inspection in the NRC Public Document Room or from the NRCs
J. Rentrop 3
Agencywide Documents Access and Management System (ADAMS), accessible from the NRC
Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response
should not include any personal privacy, proprietary, or safeguards information so that it can be
made available to the public without redaction.
If you have any questions concerning this matter, please contact Dr. Heather Gepford of my
staff at (817) 200-1156.
Sincerely,
Mary C. Digitally signed by
Mary C. Muessle
Muessle Date: 2020.05.19
15:38:50 -05'00'
Mary C. Muessle, Director
Division of Nuclear Materials Safety
Docket No.: 150-00017
License No.: General License
under 10 CFR 150.20
Enclosure:
NRC Inspection Report 150-00017/2020-002
cc w/enclosure:
Jeff Dauzat, Administrator
State of Louisiana Radiation Program
NUCLEAR REGULATORY COMMISSION
REGION IV
Docket No.: 150-00017
License No.: General License under 10 CFR 150.20
Report No.: 150-00017/2020-002
Licensee: Bayou Inspection Services, Inc.
Amelia, Louisiana
Location Inspected: In-office review
Inspection Dates: In-office review February 24 - April 16, 2020
Exit Meeting Date: May 13, 2020
Inspector: Latischa M. Hanson, Health Physicist
Materials Licensing and Decommissioning Branch
Division of Nuclear Materials Safety
Approved by: Heather J. Gepford, Ph.D., CHP, Chief
Materials Licensing and Decommissioning Branch
Division of Nuclear Materials Safety
Attachment: Supplemental Inspection Information
Enclosure
EXECUTIVE SUMMARY
Bayou Inspection Services, Inc.
NRC Inspection Report 150-00017/2020-002
Program Overview
Bayou Inspection Services, Inc. (licensee) is authorized under the State of Louisiana
Radioactive Materials License LA-7112-L01 to possess and use byproduct material,
including iridium-192, for industrial radiographic operations, and as of February 24, 2020,
is authorized to perform these same licensed activities at temporary job sites in NRC
jurisdiction under a general license pursuant to 10 CFR 150.20. (Section 1)
NRC In-Office Review Summary
One apparent violation was identified involving the licensees failure to file an initial NRC
Form 241, and pay the required reciprocity fee, prior to performing licensed activities in
offshore waters for calendar year 2020. This apparent violation was identified when the
licensee submitted an initial notification of planned work activities to be performed in NRC
jurisdiction. The NRC staff determined that Bayou Inspection Services had not submitted an
initial NRC Form 241, nor had the licensee paid the fee, prior to conducting work in offshore
waters on February 16, 2020. (Section 2)
Corrective Actions
The licensees immediate corrective action was to submit the appropriate information and
required reciprocity fee to the NRC on February 18, 2020. The NRC subsequently granted
the reciprocity request in a letter dated February 24, 2020. Long-term corrective actions are
to be determined. (Section 3)
2
REPORT DETAILS
1 Program Overview
1.1. Program Scope
Bayou Inspection Services, Inc. (licensee) is authorized under the State of Louisiana
Radioactive Materials License LA-7112-L01 to possess and use byproduct material,
including iridium-192, for industrial radiographic operations at their main office and
temporary job sites in the State of Louisiana.
Following receipt of the licensees initial NRC Form 241 and reciprocity fee in the
Region IV office on February 18, 2020, the licensee was authorized to perform industrial
radiography at temporary job sites under a general license pursuant to 10 CFR 150.20,
Recognition of Agreement State Licenses.
1.2. Observations and Findings
Following review of the reciprocity information submitted by the licensee and researching
the local database of initial NRC Form 241 requests/approvals, the NRC license
reviewer determined that the licensee had not submitted an initial NRC Form 241, nor
had the licensee paid the fee, for the work to be performed in calendar year (CY) 2020.
2 Findings
2.1 In-Office Review Scope
On February 24, 2020, the NRC regional license reviewer received an initial reciprocity
notification dated February 18, 2020, for work to be performed in offshore waters from
February 16-23, 2020. The license reviewer conducted document reviews and
conducted interviews with licensee personnel to establish whether reciprocity could be
granted.
On February 18, 2020, the licensee, a State of Louisiana licensee, filed an NRC
Form 241 describing an initial notification of planned work activities. Specifically,
industrial radiography was going to be performed in offshore waters on an oil/gas
platform in the Alaminos Canyon, Block 772 in the Gulf of Mexico, from February 16-23,
2020.
Upon reviewing the information submitted by the licensee and researching the local
database of initial NRC Form 241 requests/approvals, the license reviewer determined
that the licensee had not submitted an initial NRC Form 241, nor had the licensee paid
the fee for the work to be performed in CY 2020. Since work was performed in offshore
waters beginning on February 16, 2020, the licensee was required to provide this
information to the NRC by February 13, 2020.
2.2 Observation and Findings
Title 10 CFR 150.20(a)(1) requires, in part, that any person who holds a specific license
from an Agreement State is granted a general license to conduct the same activity in
areas of exclusive federal jurisdiction, subject to the provisions of 10 CFR 150.20(b).
3
Title 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in
areas of exclusive federal jurisdiction shall, at least 3 days before engaging in each
activity for the first time in a calendar year, file a submittal containing an NRC Form 241,
Report of Proposed Activities in Non-Agreement States, a copy of its Agreement State
specific license, and the appropriate fee with the Regional Administrator of the
appropriate NRC regional office.
Contrary to the above, from February 16 through 18, 2020, the licensee, a licensee of
the State of Louisiana, engaged in activities in offshore waters without filing a submittal
containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States,
a copy of its Agreement State specific license, and the appropriate fee with the Regional
Administrator of the NRC Regional Office at least 3 days before engaging in each
activity for the first time in a calendar year. Specifically, the licensee performed licensed
activities in the Gulf of Mexico beginning on February 16, 2020, but did not submit an
NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee
until February 18, 2020.
2.3 Conclusions
The NRC identified an apparent violation involving the licensees failure to file an initial
NRC Form 241, to provide a copy of the Agreement State specific license, and pay the
reciprocity fee, prior to engaging in licensed activities in offshore waters beginning on
February 16, 2020, as required by 10 CFR 150.20(b)(1). (AV 150-00017/2020-002)
3 Corrective Actions
The radiation safety officer for the licensee stated that his company was quite busy and
he realized at the last minute that he needed to file. The radiation safety officer filed the
documentation and paid the fee upon recognition of the oversight on February 18, 2020,
after work had commenced.
The licensees immediate corrective action was to submit the appropriate information
and required reciprocity fee to the NRC on February 18, 2020. The NRC subsequently
granted the reciprocity request in a letter dated February 24, 2020. Long-term corrective
actions are to be determined.
4 Exit Meeting Summary
The license reviewer presented the preliminary findings at the commencement of the
in-office review on February 24, 2020, with Joey Rentrop, Radiation Safety Officer, for
the licensee. On May 13, 2020, a final telephonic exit meeting was conducted with
Joey Rentrop, Radiation Safety Officer. The licensee acknowledged the findings and
did not dispute any of the details presented during the exit call.
4
SUPPLEMENTAL INSPECTION INFORMATION
PARTIAL LIST OF PERSONS CONTACTED
Joey Rentrop, Radiation Safety Officer
INSPECTION PROCEDURES USED
87121 Industrial Radiography Programs
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
15000017/2020-01 AV Failure to file an initial NRC Form 241 prior to engaging in licensed
activities in offshore waters
Closed
None
Discussed
None
Attachment
X SUNSI Review ADAMS: X Non-Sensitive X Publicly Available Keyword:
by: LMH X Yes No Sensitive Non-Publicly Available NRC-002
OFFICE MLDB C:MLDB TL:ACES ORA D:DNMS
NAME LMHanson HJGepford JRGroom DMCylkowski MCMuessle
SIGNATURE /RA/ /RA/ /RA/ /RA/ Mary C.
DATE 5/14/2020 5/14/2020 5/14/2020 5/14/2020
Digitally signed by Mary C. Muessle
Muessle
Date: 2020.05.19 15:39:38 -05'00'