ML20141K797
| ML20141K797 | |
| Person / Time | |
|---|---|
| Issue date: | 05/27/1997 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Moncus J AFFILIATION NOT ASSIGNED |
| References | |
| REF-QA-99990004-970527 EA-97-217, NUDOCS 9705300032 | |
| Download: ML20141K797 (3) | |
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May 27, 1997 l
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EA 97-217 Mr. Jim Moncus, President Devin Rental Tools, Inc.
2545 S.E. Evangeline Thruway Lafayette, Louisiana 70508 L
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SUBJECT:
NRC INSPECTION
Dear Mr. Moncus:
On April 1,1997, the NRC concluded a reactive inspection of your activities involving the use of radioactively tagged subs at your facilities in Lafayette, Louisiana. A telephonic exit briefing was later conducted with your operations manager on Mav 14,1997.
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During the inspection, one violation was identified. The violation involved the distribution i
of products containing exempt quantities of byproduct material without a specific license i
authorizing Devin Rental Tools, Inc. (DRTI) to distribute exempt sources. The inspection established that DRTI had purchased cobalt-60 sources containing exempt quantities, mechanically incorporated these sources into steel tubular subs (these are short pieces of tubular that connect to oilfield casing or drill pipe used as depth control markers) and l
subsequently rented the tagged subs to a customer between September 1996 and April 1997 in violation of 10 CFR 30.18(c). Section 30.18(c) prohibits for purposes of commercial distribution the production, packaging, re-packaging, or transfer of byproduct material or the incorporation of byproduct materialinto products intended for commercial distribution.
The NRC normally would issue a Notice of Violation for the conduct of unauthorized activitias. This is a matter of regulatory concern because the failure to obtain a specific license to distribute products containing exempt quantities of byproduct material denies the NRC an opportunity to ensure that the distribution is in accordance with the requirements in 10 CFR 32.18, as well as provide the NRC the opportunity to conduct inspections to verify that activities are being performed safely and in accordance with NRC regulations.
However, after consultation with the Director, Office of Enforcement, the NRC is exercising enforcement discretion and is not taking any enforcement action, in accordance with Section Vll.B(6) of NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions. The NRC is exercising enforcement discretion based on informat on obtained during the inspection and subsequent conversations with DRTl representatives.
Specifically, we conclude that DRTI may have misunderstood the regulatory requirements j
pertaining to the use of sources containing exempt quantities of byproduct material as a result of conversations with the State of Louisiana. And furthermore, the activities 4
conducted were of low safety significance and were recently inspected by the State of 1
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Louisiana and found to be in compliance with the State regulations. In reaching this I
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j decision, the NRC also considered the fact that DRTl promptly discontinued renting the RA subs containing NRC-regulated material and implemented prompt corrective actions including the removal of all exempt sources from RA subs, and the subsequent transfer of all removed sources to a specific licensee, j
Although the NRC is exercising enforcement discretion based on the circumstances identified during the inspection, you are advised that future failures to seek appropriate authorization to distribute products containing exempt quantities of byproduct material may result in enforcement action. No response to this letter is required.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter will be placed in the NRC Public Document Room (PDR).
Should you have any questions concerning the inspection or this letter, please contact D. Blair Spitzoerg at (817) 860-8191.
Sincerely, 4
Ross A. Scarano, Director Division of Nuclear Materials Safety Docket No.: 999-90004 i
License No.: Non-licensee cc:
Louisiana Radiation Prograrn Control Director i
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Devin Rental Tools, Inc.
E-Mail report to Document Control Desk (DOCDESK)
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