ML20153A751
| ML20153A751 | |
| Person / Time | |
|---|---|
| Site: | 99990001 |
| Issue date: | 05/28/2020 |
| From: | Christopher Cahill Division of Nuclear Materials Safety I |
| To: | Nave J Phoenix Environmental Labs |
| References | |
| IR 2020001 | |
| Download: ML20153A751 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD.
KING OF PRUSSIA, PA 19406-2713 May 28, 2020 James Nave, Operations Manager Phoenix Environmental Laboratories 587 Middle Turnpike East Manchester, CT 06040
SUBJECT:
PHOENIX ENVIRONMENTAL LABORATORIES - NRC INSPECTION NO.
99990001/2020001 AND NOTICE OF VIOLATION
This letter refers to the inspection conducted on March 30, 2020, April 24, 2020, and May 7 and 18, 2020, of your licensed activities at your Manchester, Connecticut facility. This inspection examined activities conducted under your license as they relate to public health and safety, and to confirm compliance with the Commission's rules and regulations and with the conditions of your license. Within these areas, the inspection consisted of selected examination of procedures and representative records, and interviews with personnel. On May 18, 2020, Steven Courtemanche conducted on exit meeting with you concerning the findings of the inspection.
Based on the results of this inspection, the NRC has determined that two Severity Level IV (SL IV) violations of NRC requirements occurred. These violations were evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's Web site at https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. These violations are being cited in the enclosed Notice of Violation (Notice) because the violations were identified by the NRC.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. If you have additional information that you believe the NRC should consider, you may provide it in your response to the Notice. The NRC review of your response to the Notice will also determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.
If you contest the violations then you should provide a response within 20 days of the date of this letter, with the basis for your denial, to the Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C. 20555-0001, with copies to the Regional Administrator, Region I, and the Director, Office of Enforcement, United StatesNuclear Regulatory Commission, Washington, D.S. 20555-0001.
In accordance with 10 CFR 2.390 of the NRCs "Rules of Practice," a copy of this letter and your response, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should
J. Nave 2 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 regarding this matter, please contact Steven Courtemanche of my staff at (610) 337-5075 or via electronic mail at Steven.Courtemanche@nrc.gov.
Thank you for your cooperation.
Sincerely, Digitally signed by Christopher G.
Christopher G. Cahill Cahill Date: 2020.05.28 14:07:23 -04'00' Christopher Cahill, Chief Commercial, Industrial, R&D and Academic Branch Division of Nuclear Materials Safety Region I Docket No. 99990001 General License
Enclosure:
Notice of Violation cc w/ enclosure: Keith Aloisa, Chemist State of Connecticut
J. Nave 3 PHOENIX ENVIRONMENTAL LABORATORIES - NRC INSPECTION NO. 99990001/2020001 AND NOTICE OF VIOLATION DATED MAY 28, 2020 DISTRIBUTION:
R1Enforcement DOCUMENT NAME: G:\DNMS\WBL Documents\WBL Inspection Cover Letter\LPhoenix.General.2020001.docx MLXXXXXXXXX SUNSI Review Complete: Steven Courtemanche After declaring this document An Official Agency Record, it will be released to the Public.
To receive a copy of this document, indicate in the box: C = Copy w/o attach/encl E = Copy w/ attac/encl N = No Copy X Non-Sensitive X Publicly Available X SUNSI Review Sensitive Non-Publicly Available OFFICE RI:DNMS RI:DNMS SCourtemanche NAME CCahill (CGC)
(SRC)
DATE 05/28/2020 05/28/2020 OFFICIAL RECORD COPY
NOTICE OF VIOLATION Phoenix Environmental Laboratories Docket No. 99990001 Manchester, Connecticut General License During an NRC inspection conducted on March 30, 2020, April 24, 2020, and May 7 and 18, 2020, two violations of NRC requirements were identified. In accordance with the NRC Enforcement Policy, the violations are listed below:
A. 10 CFR 31.5(a) states, in part, that a general license is hereby issued to commercial and industrial firms to acquire, receive, possess, use, or transfer, in accordance with provisions of paragraphs (b), (c) and (d) of this section, byproduct material contained in devices designed and manufactured for the purpose of detecting, measuring, or qualitative or quantitative chemical composition.
10 CFR 31.5(b)(1) requires that the general license in paragraph (a) of this section applies only to byproduct material contained in devices which have been manufactured or initially transferred and labeled in accordance with the specifications cotained in a specific license under 10 CFR 32.51; or an equivalent specific license issued by an Agreement State; or an equivalent specific license issued by a State with provisions comparable to 10 CFR 32.51.
10 CFR 31.5(c)(5) requires, in part, that upon the detection of 185 bequerel (0.005 microcurie) or more removable radioactive material, the licensee must make a report containing a brief description of the event, the remedial action taken, and a plan for ensuring the premises and environs are acceptable for unrestricted use. The report must be furnished to the Director, Office of Nuclear Material Safety and Safeguards (NMSS), ATTN: GLTS, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Contrary to the above, as of May 18, 2020, upon the detection of 185 bequerel (0.005 microcurie) or more removable radioactive material, the licensee failed to make a report containing a brief description of the event, the remedial action taken, and a plan for ensuring the premises and environs are acceptable for unrestricted use to the Director, NMSS. Specifically, between January 1, 2017 and November 14, 2018, and on October 10, 2019, the licensee identified five Electron Capture Detectors with leaking sealed sources of nickel-63 in excess of 185 bequerel (SN 1655, 4341, 5840, 7193, and 6322) and did not report the occurrence as required.
This is a Severity Level IV violation (Enforcement Policy Section 6.3).
B. 10 CFR 35.15(c)(8)(ii) requires, in part, that within 30 days after the transfer of a device to a specific licensee, the licensee shall furnish a report containing the information required by this section to the Director, Office of Nuclear Material Safety and Safeguards, ATTN: Document Control Desk/GLTS, U.S. Nuclear regulatory Commission, Washington, DC 20555-0001.
Contrary to the above, as of May 18, 2020, within 30 days after the transfer of a device to a specific licensee, the licensee failed to furnish a report containing the information required by this section to the Director, NMSS. Specifically, the licensee
Notice of Violation 2 Phoenix Environmental Laboratories sent devices containing nickel-63, a byproduct material, to a licensed radioactive materials disposal firm without making the required report (ECD SN 0195, 0774, 1418, 3351, 5805, 5827, 7193, 7197, 7198, 7208, 7255, and 8503).
This is a Severity Level IV violation (Enforcement Policy Section 6.3).
Pursuant to the provisions of 10 CFR 2.201, Phoenix Environmental Laboratories is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the 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 may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response.
If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, any response which contests an enforcement action shall be submitted under oath or affirmation.
Your response will be placed in the NRC Public Document Room (PDR) and on the NRC Web site. To the extent possible, it should, therefore, not include any personal privacy, proprietary, or safeguards information so that it can be made publically available without redaction.
However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days of receipt.
Dated This _28__ day of _May_ 2020