ML20203L041
| ML20203L041 | |
| Person / Time | |
|---|---|
| Issue date: | 03/02/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Rosel G AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20203L044 | List: |
| References | |
| 15000005-97-15, EA-98-017, EA-98-17, NUDOCS 9803050313 | |
| Download: ML20203L041 (3) | |
Text
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% .f ARLINGTON TE MAS 76011 8064 March 2, 1998 EA 95 017 George F. Rosel, President The Rosel Company 302 South Clay Liberal, Kansas 67901
SUBJECT:
NOTICE OF VIOLATION (NRC INSPECTION REPORT 150-00005/97-015',
Dear Mr,
Rosel:
This refers to the review of documents submitted to the NRC by The Rosel Company (TRC).
These documents detailed work performed in NRC jurisdiction during calendar years 1996 and 1997. The findings of the review were discussed with you during a telephone call on January 8, 1998, and were documented in a letter dated January 13,1998. Our January 13 letter described one apparent violation that was being considered for escalated enforcement action. The apparent violation involved a failure to file an NRC Form 241 as required by 10 CFR 150.20.
TRC was provided the opportunity either to respond to the apparent violation in writing within 30 days or request a predecisional enforcement conference. TRC did not request a predecisional enforcement conference, and instead TRC provided a wntten response to the apparent violation in its letter dated January 20,1998.
Based on information developed during our review, and information that you provided in your January 20 response to the apparent vioistion, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it were described in detail in our January 13 letter. The violation involved a failure to obtain authorization from the NRC, as required by either 10 CFR 30.3 or 10 CFR 150 20, before conducting licensed activities in non-Agreement States in 1996 and 1997, Specifically, on December 3,1997, Mr. Roger Taylor, the Open Holc Manager for TRC, informed NRC Region IV that during a review of company records, he had discovered that TRC had failed to file an NRC Form 241," Report of Proposed Activities in Non-agreement States," prior to performing licensed activities in the State of Oklahoma, a non-Agreement State, during 1997.
On December 12,1997, TRC submitted the NRC Form 241 and appropriate fees required to perform licensed activities in NRC junsdiction for both the remainder of 1997 and 1998. At the NRC's request, TRC was asked to review any licensed activities that may have been performed in NRC jurisdiction during 1996. On January 6,1998, Mr. Taylor provided additionalinformation that showed that TRC had also failed to file an NRC Form 241 for licensed activities performed in the State of Oklahoma in 1996.
The NRC considers the failure to obtain authorization to use byproduct materialin areas under its junsdiction. by either obtaining an NRC heense or filing aa NRC Form 241, to be a matter of significant regulatory concem because it denies the NRC an opportunity to assure that the activities are conducted in compliance with all NRC radiation safety requirements. Therefore, 9803050313 900302 *
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the violation has been categonzed in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, at Severity Level lli, f
' In accordance with the Enforcement Policy, a base civil penalty in the amount of $2,750 is considered for a Severity Level lil violation. Because your facility has not been the subject of escalated enforcement actions within the last 2 inspections, the NRC considered whether credit ,
was warranted for Corrective Action in accordance with the civil penalty assessment process in i Section VI.B.2 of the Enforcement Policy. We noted that once TRC recognized the violation,
- TRC took appropriate corrective actions and is deserving of corrective action credit. These actions included promptly informing the NRC, submitting appropriate notification and fees, implementing new filing procedures, and improving communications with its staff encouraging all safety and c v-frce concoms.
{ Therefore, to encourage prompt identification and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have boon authorized not to propose a civil penalty in this case. However, similar violations in the future could result in a
- civil penalty. In addition, issuance of this Severity Level til violation constitutes escalated l enforcement action that may subject you to increased inspection effort.
l
? The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in a letter from TRC t dated January 20,1998. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should folinw the instructions
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specified in the enclosed Notice.
l 1-In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your response, should you choose to provide one, will be placed in the NRC Public Document Room (PDR).
Should you have any questions concerning this letter, please contact D. Blair Spitzberg, Ph.D.,
at (817) 860-8191.
Sincerely,
/
Ellis # Merse Regional Adrrynistrator Docket No.: 150-00015 License No.: Kansas 27 C057 01
Enclosure:
Notice of Violation cc Kansas Radiation Control Program Director
, ._ Oklahoma Radiation Control Program Director
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The Rosel Company 3-bec w/ Enclosure (s):
PDR IE 07 LPDR NUDOCS SECY EC's: RI, Ril, Rlll CA PA (0-2G4)
EDO (0-17G21) OlG (T-5D28)
DEDO (0-17G21) O1 (0-3E4)
LIEBERMAN, OE (0 7H5) OE:EAFile (0-7H5)
CHANDLER, OGC (0-15B18) GOLDBERG, OGC (0-15B18)
OC/DAF (T 9E10) OC/LFDCB (T 9E10)
RA Reading File GSanborn-EAFile n?/:::($ epp$ .Vf;;; DOL Fik (l' epp.)
RIV Files
- MIS Coordinator PAO Henderson for all CP/ Order cases RSLO (Hackney or Kunihiro) for all CP/ Order cases iVf'M:=:r., Ol (;' app }-
DNMS Files DNMS Branch Chief NMSB2 WCIO Fe. (J eppj E-MAIL DISTRIBUTION:
OEMAIL JDyer (JED2)
WBrown (WLB)
GSanborn (GFS) GMVasquez (GMV)
BHenderson (BWH) MLMcLean (MLM1)
CHackney (CAH) DKunihiro (DMK1)
LHowell(LLH) FWenslawski (FAW)
DSpitzberg (DBS) JCruz (JXC)
DOCUMENT NAME: G:\NMIS.O\JC\7000151.NOV To receive copy of document. Indicate in box:"C" = Copy without engosures "E" = Copy with enclosures "N" = No copy RIV:DNMS:NMSB2 C:NMSB2 RC '/(L AEO DD:DNMS n
- JCruz:wsw *DBSpitzberg V1BroMl' *GMVasquez LLHowelli ' -
02/20/98 02/20/98 02A./98 02/24/98 0$2/98 ( i masnumusumanuseen u n == unuma simumunusumeammum nummmusungIe ammi D:DNMS DRA jRA/d RAScajaf6 JEDy / E@erschoff OJA138 M/98 Ol5t)/98
- Previously concurred OFFICIAL RECORD COPY