ML20207H871
| ML20207H871 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/1986 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20207H856 | List: |
| References | |
| EA-86-104, NUDOCS 8607250125 | |
| Download: ML20207H871 (4) | |
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s NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY H & G Inspection Company, Inc. Docket No. 15000042 9315 Summer Bell General License (10 CFR Part 150) llouston, Texas 77074 EA 86-104 During an NRC inspection conducted at a field site in Shute Creek, Wyoming, on November 13, 1985, and at the company headquarters in Houston, Texas, on November 21, 1985, several violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforce-ment Actions," 10 CFR Part 2, Appendix C (1986), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended ("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205.
H & G Inspection Company holds Texas License No. 11-2181. 10 CFR 150.20(a) grants a general license to a person holding a specific license from an agreement state to conduct the same licensed activity in non-agreement states.
10 CFR 150.20(b) requires in part that a licensee engaging in activities in a non-agreement state under the general license comply with the provisions of 10 CFR Part 20 and Subpart B of Part 34.
The particular violations and associated civil penalty are set forth below:
A. 10 CFR 20.101(a) limits the whole body exposure of an individual in a restricted area to one and one quarter rems per calendar quarter, except as provided by 10 CFR 20.101(b). Paragraph (b) allows a whole body exposure of three rems per calendar quarter provided specified conditions are met.
Contrary to the above, a radiographer's assistant working in the Shute j
Creek area of Wyoming received a whole body dose of 3.4 rems during the
", fourth quarter of 1985.
B. 10 CFR 34.43(b) requires that a radiation survey with a radiation survey instrument be made af ter each radiographic exposure to determine that the sealed source has been returned to its shielded position. The entire circumference of the radiographic exposure device must be surveyed, including the source guide tube.
Contrary to the above, a) On November 6, 1985, a radiation survey was not performed following a radiographic exposure to determine that the sealed source had returned to its shielded position, resulting in the overexposure of 0.4 rems to a radiographer's assistant.
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8607250125 860721 REG 4 LIC30 \
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Notice of Violation j l <
b) On November 13, 1985, a radiographer performed radiography without performing a radiation survey after each exposure, and on the same j date, a second radiography crew performed incomplete and therefore j inadequate surveys after radiographic exposures, in that the guide tube of the device was not surveyed. ]
C. 10 CFR 20.201(b) requires that each licensee shall make or cause to be !
made such surveys as (1) may be necessary for the licensee to comply with the regulations in 10 CFR Part 20, and (2) are reasonable under the circumstances to evaluate the extent of radiation hazards that may be present. 10 CFR 20.105 specifies the radiation levels permissible in an unrestricted area.
l Contrary to the above, a radiography crew performing radiography on !
November 13, 1985, in the Shute Creek area of Wyoming did not perform surveys to confirm that radiation levels did not exceed allowable limits in unrestricted areas.
D. 10 CFR 34.24 requires, in part, that the licensee maintain sufficient calibrated and operable radiation survey instruments to make physical radiation surveys as required by 10 CFR Parts 20 and 34. Each radiation survey instrument shall be calibrated at intervals not to exceed three months. A record shall be maintained of the results of each instrument calibration and of the date of calibration. 10 CFR 34.43(a) requires that at least one calibrated and operational radiation survey instrument shall be available at the location of radiographic operations whenever such operations are being performed.
Contrary to the above, the survey instrument (serial number 1905) issued to a crew in the Shute Creek area of Wyoming on November 11, 1985, had not been calibrated since July 24, 1985.
t E. 10 CFR 34.42 requires that areas in which radiography is being performed a
shall be conspicuously posted as required by 10 CFR 20.203(b) and (c)(1).
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10 CFR 20.203(b) requires that each radiation area shall be conspicuously f l posted with a sign or signs bearing the radiation caution symbol and the i wcrds: CAUTION (or DANGER) - RADIATION AREA. j
! 10 CFR 20.203(c)(1) requires that each high radiation area shall be
- conspicuously posted with a sign or signs bearing the radiation caution l symbol and the words
- CAUTION (or DANGER) - HIGH RADIATION AREA.
l Contrary to the above, on November 13, 1985, radiographic operations were performed in a high radiation area which was not posted with either radiation signs or high radiation signs.
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Notice of Violation These violations have been categorized in the aggregate an a Severity Level III problem (Supplements IV and VI).
l Cumulative Civil Penalty - $2,500 assessed equally among the violations.
l Pursuant to the provisions of 10 CFR 2.201, H & G Inspection Company is hereby i required to submit to the Director, Office of Inspection and Enforcement, U.S.
i Nuclear Regulatory Commission, Washington, D.C. 20555 with a copy to the t Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, within 30 days of the date of this Notice a written statement or explanation, including i for each alleged violation: (1) admission or denial of the alleged violation, i (2) the reasons for the violation if admitted. (3) the corrective steps that j have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will '
be achieved. If an adequate reply is not received within the time specified in
- this Notice, the Director, Office of Inspection and Enforcement, may issue an
! order to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of section 182 of the Act, 42 U.S.C. 2232, this response i shall be admitted under oath or affirmation.
j Within the same time as provided for the response required above under 10 CFR l
2.201, H & G Inspection Company may pay the civil penalty by letter addressed
{ to the Director, Office of Inspection and Enforcement, with a check, draft, or I
money order payable to the Treasurer of the United States in the cumulative >
amount of Two Thousand Five Hundred Dollars ($2,500) or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the l Director, Office of Inspection and Enforcement. Should H & G Inspection !
l Company fail to answer within the time specified, the Director, Office of i Inspection and Enforcement, will issue an order imposing the civil penalty in j the amount proposed above. Should H & G Inspection Company elect to file an e answer in accordance with 10 CFR 2.205 protesting the civil penalty, such ,
answer may: (1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or
! (4) show other reasons why the penalty should not be imposed. In addition to l protesting the civil penalty in whole or in part, such answer may request i remission or mitigation of the penalty.
l l In requesting mitigation of the proposed penalty, the five factors addressed l in Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the i statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate '
parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. H & G Inspection Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure 4
for imposing a civil penalty.
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-Notice of Violation' Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised,
- remitted, or mitigated, may be collected by civil action pursuant to section j 234c of the Act, 42 U.S.C. 2282.
! FOR THE NUCLEAR REGULATORY COMMISSION l /
l tCh ?W Ni h .
Robert D. Martin Regional Administrator DatedatApington, Texas, day of July 1986.
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