ML20205Q283
| ML20205Q283 | |
| Person / Time | |
|---|---|
| Issue date: | 04/08/1999 |
| From: | Dan Collins NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Lambert R CODE SERVICES, INC. |
| Shared Package | |
| ML20205Q289 | List: |
| References | |
| 15000001-99-01, 15000001-99-1, EA-99-074, EA-99-74, NUDOCS 9904210154 | |
| Download: ML20205Q283 (3) | |
See also: IR 015000001/1999001
Text
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April 8,1999
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EA 99-074
Code Services, Inc.
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ATTN: Mr. Reggie Lambert
Managing Partner
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26412 Old Highway 20
Madison, AL 35678
SUBJECT:
NRC INSPECTION REPORT NO. 150-00001/99-01
Dear Mr. Lambert:
This refers to the inspection conducted on March 17 and 18,1999, at the NASA Marshall Space
Flight Center (MSFC), Huntsville, Alabama, an area of exclusive Federal jurisdiction, and your
field office in Madison, Alabama. The purpose of the inspection was to determine whether
activities authorized under a general license granted by the NRC in accordance with 10 CFR
150.20 were conducted safely and in accordance with NRC requirements. At the conclusion of
the inspection, the findings were discussed with Chris Chandler, Technical Manager and
Radiation Safety Officer, of your staff. The enclosed report presents the results of this
inspection.
The inspection was limited to the activities conducted under reciprocity in accordance with
10 CFR 150.20. Areas examined during the inspection are identified in the inspection report.
The inspection consisted of selective examinations of procedures and representative records,
interviews with personnel, and direct observations of licensed activities during a field inspection
at MSFC.
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 Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600.
The apparent violation involves the failure of a radiographer's assistant to wear an alarm
ratemeter on February 16,1999, while performing radiographic operations in an area under
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NRC jurisdiction, as required by 10 CFR 34.47(a). Accordingly, no Notice of Violation is
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presently being issued for this inspection finding. In addition, please be advised that the
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characterization of the apparent violation described in the enclosed inspection report may
change as a result of further NRC review.
An open, predecisional enforcement conference to discuss this apparent violation has been
scheduled for April 22,1999, at 1:00 p.m. in the Region !! Office. A proposed enforcement
conference agenda is enclosed. The decision to hold a predecisional enforcement conference
" 3 0" 0 Odpes not mean that the NRC has determined that a violation has occurred or that enforcement
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~ action will be taken. This conference is being held to obtain information to enable the NRC to
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make an enforcement decision, such as a common understanding of the facts, root causes,
missed opportunities to identify the apparent violation sooner, corrective actions, significance of
the issues and the need for lasting and effective corrective action. You should also be
prepared to present your assessment of this incident as it relates to previous similar incidents
documented by the State of Alabama Department of Public Health, Office of Radiation Control
and the apparent ineffectiveness of your corrective actions to address these prior issues. In
addition, this is an opportunity for you to point out any errors in our inspection report and for you
9904210154 990400
STPRG ESGAL
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Code Services, Inc.
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to provide any information concerning your perspectives on 1) the severity of the violation,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 Vll. In presenting your corrective action, you should be
aware that the promptness and comprehensiveness of your actions will be considered in
assessing any civil penalty for the apparent violations. The guidance in the enclosed NRC
Information Notice 96-28," SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND
IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful.
You will be advised by separate correspondence of the results of our deliberations
.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
enclosures will be placed in the NRC Public Document Room.
Sincerely,
original signed by
C. Hosey for:
Douglas M. Collins, Director
Division of Nuclear Material Safety
Docket No. 150-00001
License No. General (10 CFR 150.20)
Enclosures:
1. NRC Inspection Report
3. Enforcement Conference Agenda
cc w/encls 1 and 3:
State of Alabama
Distribution w/encls 1 and R:
J. Lieberman, OE
B. Summers, OE:EA file (w Letterhead)
J. Delmedico, OE
A. Boland, EICS
M. Lesser, Ril
D. M. Collins, Rll
B. Smith, NMSS
C. Hosey, Ril
PUBLIC
Ril Docket File, DNMS
- see previous concurrence
OFFICE
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ICOPY?
YES
NO
YES
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YES
NO
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NO
YES
NO
YES
NC
YES
NO
OFFICIAL RECORD COPY
DOCUMENT NAME: G ANMssiliDNMs'.MLIB2\\CV R- PEC.W Po
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Code Services, Inc.
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the factors that the NRC considers when it determines the amount of a civil penalty that may be
l
assessed in accordance with Section VI.B.2 of the Enforcement Policy, and 3) any other
l
application'of the Enforcement Policy to this case, including the exercise of discretion in
l
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accordance with Section Vil. In presenting your corrective action, you should be aware that the
!
promptness and comprehensiveness of your actions will be considered in assessing any civil
penalty for the apparent violations. The guidance in the enclosed excerpt from NRC
Information Notice 96-28," SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND
IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful.
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
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enclosures will be placed in the' NRC Public Document Room.
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Sincerely,
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Douglas M. Collins, Director
Division of Nuclear Material Safety
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Docket No. 150-00001
License No. General (10 CFR 150.20)
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Enclosures:
1. NRC Inspection Report
'
3. Enforcement Conference Agenda
cc w/encls 1 and 3.
State of Alabama
Distribution w/encls 1 and 3:
J. Lieberman, CE
B. Summers, OE:EA file (w Letterhead)
J. Dolmedico, OE
A. Boland, EICS
M. Lesser, Rll
D. M. Collins, Ril
B. Smith, NMSS
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C. Hosey, Ril
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OFFICIAL RECORD COPY
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