ML20148D669
| ML20148D669 | |
| Person / Time | |
|---|---|
| Site: | 15000012 |
| Issue date: | 05/28/1997 |
| From: | Caniano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Nelson S ILLINOIS, STATE OF |
| References | |
| EA-97-237, NUDOCS 9706020050 | |
| Download: ML20148D669 (3) | |
Text
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Ity 28,1997 EA 97-237 Scott Nelson, President H. H. Holmes Testing I Laboratories, Inc.
170 Shepherd Avenue Wheeling, IL 60090
SUBJECT:
NRC OFFICE OF INVESTIGATION REPORT NO. 3-96-040
Dear Mr. Nelson:
l This refers to the investigation initiated on July 29,1996, to determine if the licensee's ;
personnel deliberately failed to fiie an NRC Form 241 involving reciprocity. Enclosed is a l copy of the synopsis from Ol Report No. 3-96-040 dated April 25,1997, that indicates the investigation concluded the licensee's President / Radiation Safety Officer willfully failed to file an NRC Form 241 as required before engaging in licensed activities in non-agreement states.
Based on the results of this investigation, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 (60 FR 34381; June 30,1995). It appears that on multiple occasions prior to December 31, 1996, the licensee used portable nuclear moisture / density gauges containing sealed sources of cesium-137 and americium-241 that are licensed materials in areas of NRC jurisdiction and did not file NRC Form 241, as required by 10 CFR 150.20(b). In June 1906, the NRC Region til office became aware of this information. The circumstances surrounding the apparent violation, the significance of the issues, and the need for lasting and effective corrective action were discussed with you on May 20,1997. As a result, it may not be necessary to conduct a predecisional enforcement conference in order to enable the NRC to make an enforcement decision. However, a Notice of Violation is not presently being issued for these findings. Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violations within 30 days of the date of this letter, or (2) request a predecisional enforcement conference.
Your response should be clearly marked as a " Response to An Apparent Violation in 01 Report No. 3-96-040 and should include: (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 results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response should be submitted under oath or affirmation and may reference or include previous docketed correspondence, if the correspondence adequately addresses the required g response. if an adequate response is not received within the time specified or an extension O 9706020050 970528 PDR hllhlllllllhhllhllhll
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H. Holmes ,
l of time has not been granted by the NRC, the NRC will proceed with its enforcement decision of schedule a predecisional enforcement conference.
If you choose not to provide a response and would prefer participating in a predecisional enforcement conference, please contact Monte P. Phillips at 630/829-9806 as soon as possible. I
, In addition, please be advised that the number and characterization of apparent violations may change as a result of further NRC review. You will be advised by separate l correspondence of the results of our deliberations on this matter.
i !
I In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its !
enclosures, and your response (if you choose to provide one) will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any i personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. l l
Sincerely, 3 Original Signed by R0y 1 Canians i
Roy J. Caniano, Acting Director Division of Nuclear Materials Safety Docket No. 150-00012 License No. IL-01828-01
Enclosures:
- 1. Synopsis
- 2. NUREG-1600 ,
- 3. IN 96-28 bec w/enct 1: Office of Enforcement D. Cool, NMSS J. Goldberg, OGC J. Caldwell, Rlli T. Simmons, Rlli PUBLIC DOCUMENT NAME: R:\LTRS2LIC\MTLS\070\97 HOLMES.LO1 To receive a copy of this docurnent, indicate in the box:"C" = Copy without enclosure "E" = Copy with enclosure"N" = No copy OFFICE Rlli C Rlli of, 7 Rlli 3 ) l(k Rlli l NAME YOUNG:dp 71 PHILLIPS Y[-f_ CLAYTON O $f CANIANO #
DATE 05/2/97 ' 05tr /97 ' '
05/Q97 05/2997 W OFFICIAL RECORD COPY
SYNOPSIS This investigation was initiated on July 29. 1996. by the U.S. Nuclear Regulatory Commission (NRC). Office of Investigations. Region III. to j determine if H.H. Holmes Testing Laboratories. Inc. (H.H. Holmes), personnel
- willfully failed to file an NRC Form 241 involving reciprocity.
Based on the evidence developed during the investigation, it is concluded that the president / radiation safety officer of H.H. Holmes willfully failed to file an NRC Form 241 as required before engaging in licensed activities in non-agreement states.
f I
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i NOT FOR PU3LIC DISCLOSURE WITHOUT APPROVAL OF FIELD OFFICE DIRECTOR OFFICE OF INVESTIGATIONS, REGION III Case No. 3-96-040 1