ML20199F612

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Forwards Insp Rept 15000016/97-03 on 971212 & 18.Apparent Violation Involving 3 Instance of Failure to Submit Rept of Proposed Activity in Non-Agreement States 3 Days in Advance of Activities,Being Considered for Enforcement Action
ML20199F612
Person / Time
Issue date: 01/23/1998
From: Dan Collins
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Vandevelde J
GROUND ENGINEERING, INC. (FORMERLY STS ENGINEERING
Shared Package
ML20199F616 List:
References
15000016-97-03, 15000016-97-3, EA-98-021, EA-98-21, NUDOCS 9802040055
Download: ML20199F612 (3)


See also: IR 015000016/1997003

Text

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January 23, 1998

EA 98 021

Ground Engineering and Testing

Service. Inc.

ATIN: Mr. Jerry Vandevelde

Branch Manager

4201 Produce Road

Louisville. KY 40218

SUBJECT: NRC INSPECTION REPORT N0. 150-00016/97-03

Dear Mr. Vandevelde:

This refers to the inspection conducted on December 12, 1997 at your

Louisville. Kentucky facil'ty. The purpose of the inspection was to determine

whether activities conducted by your staff were performed with the proper

authorization from the Nuclear Regulatory Comission (NRC). The findings of

the inspection were discussed with Mr. Dennis Duerr of your staff by telephone

on December 18, 1997.

The inspection was an examination of activities conducted under your

Commonwealth of Kentucky li'ense and performed in areas of Exclusive Federal

Jurisdiction and Non-Agreement States. Certain areas at Fort Knox, Kentucky

are exclusive federal jurisdiction areas which come under NRC jurisdiction.

West Virginia and Indiana are Non-Agreement States within NRC jurisdiction.

The inspection included selective examinations of procedures and

representative records. interviews with personnel and direct observations by

the inspector.

Based on the results of this inspection, 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. The apparent violation involves three l

instance of failure to submit a ' Report of Proposed Activity in Non-Agreement

States." (NRC Form 241) three days in advance of conducting licensed ll

activities in NRC jurisdiction. operating in excess of the allowed 180 days in

a calendar year, and failing to submit the required fees. Accordingly, no

Notice of Violation is presently being issued for these inspection findings.

In addition, please be advised that the number and characterization of

apparent violations described in the enclosed inspection report may change as

a result of further NRC review.

A predecisional enforcement conference to discuss this apparent violation will

be scheduled in the near future. The decision to hold a predecisional

enforcement conference does not mean that the NRC has determined that a

violation has occurred or that enforcement action will be taken. This

conference is being held to obtain in'ormation to enable the NRC to make an

eniorcement decision, such as a common understanding of the facts, root

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causes, missed opportunities to identify the apparent violation sooner,

corrective actions, significance of the issues and the need for lasting and

effective corrective action. In addition, this is an opportunity for you to

point out any errors in our inspection report and for you to provide any

'

information concerning your perspectives on 1) the severity of the

violation (s). 2) the application of the factors that the NRC considers when it

determines the amount of a civil penalty that may be assessed in accordance

with Section VI.B.2 of the Enforcement Policy, and 3) any other application of

the Enforcement Policy to this case. including the exercise of discretion in

accordance with Section VII. In presenting your corrective action, you should

be aware that the promptness and comprehensiveness of your actions will be

1 considered in assessing any civil penalty for the ap)arent violations. The

guidance from NRC Information Notice 96-28. " SUGGESTED GUIDANCE RELATING TO

DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION." (Enclosure 2) may be

helpful.

This conference will be transcribed and will not be open to public observation

i in accordance with the Commission's program as discussed in the enclosed

excerpt from the Enforcement Policy (Enclosure 3).

-- '

You will be advised by separate correspondence of the results of our

deliberations on this matter. No response regarding the apparent violation is

required at this time.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice." a copy of

this letter and its enclosure will be placed in the NRC Public Document Room.

Sincerely.

/s/

Douglas H. Collins. Director

Division of Nuclear Materials Safety

Docket No. 150-00016

Enclosures: 1, NRC Inspection Report

No. 150 00016/97-03

2. NRC Information Notice 96-28

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3. Enforcement Policy.Section V.

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"Predecisional Enforcement Conferences"

cc w/encls:

Commonwealth of Kentucky

State of Indiana

Distribution w/encis: (See Page 3)

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Ground Engineering and Testing 3

Service. Inc.

Distribution w/encls:

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