ML20198D760
| ML20198D760 | |
| Person / Time | |
|---|---|
| Issue date: | 05/18/1992 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| Shared Package | |
| ML20198D729 | List: |
| References | |
| EA-92-077, EA-92-77, NUDOCS 9205210138 | |
| Download: ML20198D760 (7) | |
Text
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t UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of
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Docket No. 15000042 PANHANDLE N.D.T.
& INSPE^ TION, INC.
)
License No. TX-LO2627 Borger, Texas
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EA 92-077 ORDER SUSPENDING GENERAL LICENSE (EFFECTIVE IMMEDIATELY)
I Panhandle N.D.T.
& Inspection, Inc. (Licensee) is the holder of Texas Department of Health Radioactive Material License No. LO2627.
The license authorizes the possession and use of sealed sources of iridium-192 in industrial radiographic exposure devices at temporary job sites within the State of Texas.
Pursuant to 10 CFR 150.20(a), an Agreement State licensee is granted a general license by the U. S. Nuclear Regulatory Commission (NRC) to possess and use these radiographic exposure devices in non-Agreement States where the Nuclear Regulatory Commission maintains jurisdiction. Pursuant to 10 CPR 15 0. 2 0 (b) (1), before engaging in such use, Agreement State licensees are required to notify the NRC of their intent to conduct activities in non-Agreement States under the terns of the general license granted by 10 CFR 150.20(a).
They are required to file four copics of NRC Form-241 and copies of their Agreement State 1icense with the Regional Administrator of the NRC Regional office in which the Agreement State that issued the license is 4
located.
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2 II In January 1990, the NRC issued a Notice of Violation to the Licensee for failing to follow the requirements of 10 CFR 150.20(b).
The Licensee had conducted activities in Oklahoma, a non-Agreement State, without notifying the NRC of its activities and without filing the required NRC Form-241.
In a January 25, 1990, response to that Notice of Violation, the Licensee stated that its corrective action was to " Stay out of Oklahoma until I have notified-the N.R.C."
On April 23 and 24, 1992,_as part of an NRC investigation of the Licensee's activities in
- Oklahoma, apparent violations of regulatory requirements were identified.
The Licensee's Assistant
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Radiation Safety Officer, and the Licensee's President, who is also the Radiation Safety Officer, provided to NRC investigators signed, sworn-statements dated April 23 and 24, 1992, respectively, in which they admitted to having consciously violated the requirements of 10 CFR 150.20(b) (1) relative to activities conducted in Oklahoma i
in June 1991, December 1991 and March 1992.
On each occasion, according to these individuals, a conscious decision was made to ignore the requirement to notify the NRC of their intent to use radiographic exposure devices in Oklahoma.
In addition, these individuals indicated that in all probability they would not have t
notified the NRC of scheduled work in Oklahoma had they not become i
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aware that the NRC was inquiring into the Licensee's recent activities in Oklahoma.
I on April 28, 1992, a Confirmatory Action Letter (CAL) was issued to the = Licensee to confirm the Licensee's agreement to discontinue licensed activities in Oklahoma and other non-Agreement States, t'
III Based on the Licensee's own acknowledgement above, the Licensee i
deliberately violated NRC requirements, thereby removing the opportunity for NRC to inspect licensee. activities.
Although the 1
Licensee has agrc.ed to discontinue licensed activities in non-Agreement States, which was confirmed by the April 28, 1992, CAL,
' in view of the Licensee's deliberate disregard for NRC requirements, the NRC cannot rely en the Licensee's commitments.
Consequently, I lack the requisite reasonable assurance that the Licensee's current operations under the general license granted by
- 10. CFR 150.20(a) can be conducted in compliance with the commission's requirements and'that the health -and saf ety of the public,. including the Licensee's employees, will be protected.
Therefore, the public health, safety, and interest require that the Licensee's authority to conduct activities in non-Agreement States under the general-license granted by 10 - CFR 150.20(a) be suspended.
Furthe,.. ore, pursuant to 10 CFR 2.202, I find that the public
4 health, safety, and interost require that this Order be offective immediately.
IV 4
Accordingly, pursuant to sections 81, 161b, 1611, and 186 of the Atomic Energy Act of
- 1954, as amended, and the Comnission's regulations in 10 CFR 2.202 and 10 CFR Part 150, IT IS HEREBY
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ORDERED, EFFECTIVE IMMEDIATELY, THAT PANHANDLE N.D.T. & INSPECTION, INC. ' S - AUTHORITY TO CONDUCT ACTIVITIES IN NON-AGREEMENT STATES UNDER THT GENERAL LICENSE GRANTED BY 10 CFR 150.20(a) IS SUSPENDED.
The Regional Administrator, Region IV, nay, in writing, relax or rescind this order upon demonstration by the Licensee of good cause.
V In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, rsubmit an answer to Y
this Order, and may request a-hearing on this Order, within 20 days of the date of this Order.
The answer may consent to this Order, e
Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically admit or deny each allegation or charge made in this Order and shall set forth the matters:of fact and law on which the Licensee or othe person r
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5 adversely affected relies and the reasons as to why the Order should not havs been issued.
Any answer or request for a hearing shall be submitted to the Secretary, U.S.
Nuclear Regulatory Commission, ATTN: Chief, Docketing and Service Section, Washington, I
DC 20555.
Copies also shall be sent to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington, DC j
- 20555, to the Assistant General Counsel for Hearings and Enforcement at the same address, to the Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Arlington, Texas 76011, and to the Licensee if the answer or hearing request is by a person other than the Licensee.
If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.714.(d).
t If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an order deshnating the time and place of any hearing.
If a hearing is
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held, the issue to be considered at such hearing shall be uhether this Order should be sustained.
VI In the absence of any request for hearing, the provisions specified in-Section IV above shall be final 20 days from the date of this Order without further order or proceedings.
AN ANSWER OR A REQUEST
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6 FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
FOR THE NUCLEAR REGULATORY COMMISSION i
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h James Lieberman, Director l
Office of Enforcement Dated a Rockville, Maryland thisy ay of May, 1992 t
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and Inspection, Inc.
HO DISTRIBUTION:
PDR LPDR SECY CA HThompson, DEDS RBernero, NMSS RCunningham, NMSS JLieberman, OE LChandler, OGC JGoldberg, OGC FIngram, OPA VMiller, SP DWilliams, OIG EJordan, AEOD 1
BHayes, OI Enforcement Coordinators, RI, RII, RIII, RV EK'ine, OE Day File EA File DCS RIV DISTRIBUTION:
RMartin 4
JMontgomery L7 Callan JJaudon WFisher SRajendran
-GSanborn RWise WBrown JGilliland CHackney RDoda LWilliamson,-OI.
RIV Files RSTS Operatcr MIS Coordinator r
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