ML20141F940
| ML20141F940 | |
| Person / Time | |
|---|---|
| Issue date: | 04/18/1986 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Shamel W NORTHWEST X-RAY, INC. |
| Shared Package | |
| ML20141F946 | List: |
| References | |
| EA-85-138, NUDOCS 8604230234 | |
| Download: ML20141F940 (3) | |
See also: IR 05000627/2010008
Text
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License 99990004/85-07 APR 181986
NRC General License
EA 85-138
,
Northwest X-Ray, Inc.
ATTN: W. H. Shamel, President
107i West 17th Street
Idaho Falls, ID 83401
Centlemen:
Subject: NOTICE OF VIOLATION (INVESTIGATION REPORT NO. 4-85-010)
This refers to an investigation conducted June 27 - October 8, 1985 by the NRC's ,
Office of Investigations (OI). A synopsis of the Report of the Investigation I
was sent to you on March 19, 1986.
On May 16, 1985 Northwest X-Ray, Inc. submitted to the NRC Region IV Of fice an
NRC Form 241 requesting authorizatica to perform radiographic activities in
Montana (a non-agreement state) under the provisions of 10 CFR 150.20. By letter
dated May 21, 1985 Region IV noted Northwest X-Ray, Inc. was proposing to
use radiographers not listed on its Idaho license. Region IV granted Northwest
X-Ray, Inc. authority to perform licensed activities in Montana using only
, authorized radiographers identified on its Idaho license. A subsequent Region IV
, inspection of Northwest X-Ray, Inc. activities near Cutbank, Montana disclosed
two of the three Northwest X-Ray, Inc. radiographers working there were not
identified on the Idaho license. On July 1, 1985 the President of Northwest
X-Ray, Inc. admitted that it the time he received the May 21, 1985 letter from
the NRC he recognized that two radiographers working at Cutbank, Montana were
not authorized by the Idaho license or NRC to perform licensed activities and
that he was in violation of NRC requirements by using the two qualified
radiographers to perform radiography activities prior to authorization by Idaho
and NRC. These actions constitute willful violations of the provisions of
On July 31, 1985 a Notice of Violation (NOV) was issued by the NRC Region IV
office for these violations. Based on the OI investigation, we have now
concluded that the original violation was miscategorized as a Severity Level
IV. The NRC Enforcement Policy provides that the Severity Level of a violation
may be increased if the circumstances surrounding the matter involve carelecs
disregard of requirements, deception, or other indications of wi11 fulness. As
indicated above, you admitted that you knew it was a violation of NRC require-
ments to use the unauthorized radiographers. Thus, the violation should have
been categorized as a Severity Level III. Accordingly, we have decided to
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withdraw the citation for violation (a) in the July 31, 1985 NOV as a Severity
8604230234 860418
IE GA999 EECNWXRI
99990004 PDR
. _ _ _ _ _ _ _ _ _ _ _ .
.
.
Northwest X-Ray, Inc. -2-
Level IV violation and categorize it as a Severity Level III violation in
accordance with the " General Statement of Policy and Procedure for NRC Enforcement
Actions," 10 CFR Part 2, Appendix C (1985) (Enforcement Policy). Normally a
civil penalty is proposed for a Severity Level III violation. However, af ter
consultation with the Director, Office of Inspection and Enforcement, I have
decided not to propose a civil penalty in this case. I have taken into con-
sideration your prior good performance and corrective actions to this event.
However, any future violations of this nature could result in severe enforcement
sanctions.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,
Title 10 Code of Federal Regulations, a copy of this letter and its enclosure l
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will be placed in the NRC Public Document Room.
Since you have previously responded to this concern, no further response to
this letter and Notice of Violation is required unless you desire to respond.
If you do respond, please respond in accordance with the Notice of Violation.
Sincerely,
Briginal signed by:
Robert D. Martin
l Robert D. Martin
l Regional Administrator
l
l Enclosure:
Notice of Violation
cc: State of Idaho
l
_ _ _ _ _ _ - --
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Northwest X-Ray, Inc.
Distribution
SECY
JMTaylor IE
RVollmer, IE
JAAxelrad. IE
EFlack, IE
JLieberman, ELD
Enforcement Coordinators
RI, RII, RIII, RV
LCobb, IE
BHayes, OI
DNussbaumer, SP
IE:ES File
IE:EA File
BSummers, IE (ltrhead)
EDO Rdg File
DCS /
RIV distribution l
Regional Administrator, KMartin
Division Director
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Section Chief
DPowers ;i
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Inspector (2 copies)
CWisner (1trhead)
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