ML20203F817
| ML20203F817 | |
| Person / Time | |
|---|---|
| Site: | 15000017 |
| Issue date: | 12/08/1997 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Miles R AFFILIATION NOT ASSIGNED |
| References | |
| EA-97-401, NUDOCS 9803020053 | |
| Download: ML20203F817 (3) | |
Text
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'4'4 ARLINGTON TEWA5 760118064 9*****/ December 8. 1997 EA 97-401 Mr. Richard S. Miles Radiation Safety Officer SeaMark Systems, Limited Ledger House, Forest Green Road Fifield, Maidenhead Berks SLO 2NR, England SUDJECT: EXERCISE OF ENFORCEMENT DISCRETION
Dear Mr. Miles:
This is in reference to NRC's inspection of SeaMark Systems, Limited (SeaMark), specifically its use of portable nuclear gauges in the Gulf of Mexico in areas where the NRC maintains regulatory jurisdiction. This issue was discussed with John Hudson of your organization on December 2,1997.
Based on our inspection of SeaMark's activities in NRC jurisdiction, conducted July 11,1997, the NRC determined that FeaMark had used nuclear gauges in NRC jurisdiction without 4 fo' lowing the notification procedures outlined in 10 CFR 150.20,
- Recognition of Agreement State Licenses." This regulation requires Agreement State licensees who wish to conduct licensable activities in offshore waters under a General license pursuant to 10 CFR 150.20 to comply with the above referenced notification procedures. This is generally accomplished by filing an NRC Form 241 three days prior to planned activities, or as otherwise may be provided.
The term " offshore waters' is defined in 10 CFR 150.3(f) as 'that area of land and water, beyond <
Agreement States' Submerged Lands Act jurisdiction, on or above the U.S. Outer Continental Shelf " The only exception to this requirement, as specified in 10 CFR 150.20(c), is for licensees of the state of Louisiana to notify the state in lieu of the NRC, NRC's review of this matter determined that SeaMark, although a licensee of the state of Louisiana, had not made notification to either the state or the NRC and, therefore, was conducting licensable activities in offshore waters without an NRC generallicense, i
Normally, violations of this type are classified at Severity Level 111 and are considered for monetary civil penalties in accordance with the NRC's ' General Statement of Policy and
. Procedure for Enforcement Actions (Enforcement Policy),* NUREG 1600, copy enclosed.
l In this case, however, the NRC is exercising its enforcement discretion as provided for in
- Section Vll B.6 of the Enforcement Policy, based on the circumstances of this matter.
L Specifically, in light of the confusion surrounding the applicability of 10 CFR 150.20(c) to
! Agreement State licensecs, it appears that SeaMark did not have adequate notice concerning-l the applicability of this regulatlon to cer1ain of its activities. The NRC and the state of Louisiana l
are working together to eliminate any confusion that may exist. Therefore, after consultation with the Director, Office of Enforcement, I have been authorized to exercise enforcement SNh NN,. .
I i_ibEIM _ _
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SeaMark Systems, Limited 2 discretion and not issue an enforcement action for SeaMark's violation of these requirements. .
Ncnetheless, SeaMark is on notice of the existence of these requirements and the NRC's j enforcement policies, and enforcement action may be taken for such violations in the future !
committed by SeaMark. 4 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, and your response, if you choose to submit one, will be placed in the NRC Public Document Room (PDR).
Sincerely Ellis W. Merscho Regional Admini rator Docket No. 150-00017 License No. LA 7638 LO1
Enclosure:
As stated cc w/o
Enclosure:
State of Loulslana
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SeaMark Systems, Lirnited 3 bec w/o
Enclosure:
PDR IE 07 NUDOCS SECY EC's: RI,Rll,Rlli CA PA (0 2G4)
EDO (017G21) OlG (T 5D28)
DEDO (017G21) 01 (0-3E4)
GOLDBERG, OGC (015B18) C, HANDLER, OGC (015818)
NMSS (T 8A23) Nk9S (T 8FS)
OC/DAF (T-9E10) OC/LFDCB (T 9E10)
RA Reading File GSanborn EAFile RIV Files MIS Coordinator RSLO HACKNEY SPITZBERG DNMS Files E Mall DISIRlDUTION:
OEMAIL JDyer (JED2)
WBrown (WLB)
GSanborn (GFS) GMVasquez (GMV)
BHenderson (BWH) MHammond (MFH2)
CHackney (CAH) DKunihiro (DMK1)
LHowell(LLH) FWenslawski(FAW)
DCpitzberg (DBS) LEONARDI (RAL)
SHAFFER (MRS)
DOCUMENT NAME: G'\EA\DRAFTTEA97401.DFT To receive copy of document. Indicate in box: "p" = Copy without enclosures *E" = Copy with enclosures "N" = No copy EO /\(/_ RC ///ff, C:NMI&FC/DB D;DNMS D/ . Q:OE Md4' SANBOR U fC WBRO/M' ~ SPITZBERGMfCARANOdr QTEBERMAN 11/_28/97 12/ f /s7 12/ [/97 12/3/97(Jyu 12/L. /97 $ F DRA GdP RA l #
l DYER MERSCHOFF 12/f/97 12/ /97 OFFICIAL RECORD COPY i
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