ML20210R660
| ML20210R660 | |
| Person / Time | |
|---|---|
| Issue date: | 07/30/1999 |
| From: | Jorgensen B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Dodds D SOUTH CAROLINA, STATE OF |
| References | |
| NUDOCS 9908170179 | |
| Download: ML20210R660 (3) | |
Text
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f My 30,' 1999 l
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David Dodds Code 18710 Remedial Project Manager Southem Division -
Naval Facilities Engineering Command P.O. Box 190010 L
North Charleston, SC 29419
Dear Mr. Dodds:
l On June 15,1999', Applied GeoScience, Inc., cond0cted soil measurements using a moisture density gauge containing radioactive material in an area of exclusive Federal jurisd!ction at your facility, the Navy Air Station located in Gienview, Illinois. At the time, this company did not have l
a specific NRC license to conduct this activity and/or had not filed Form-241 with the NRC l
. ursuant to 10 CFR 150.20 " Recognition of Agreement State Licenses." Therefore, the activity p
was conducted in violation of NRC requirements.-
The filing of Form-241 informs the NRC of the location and dates of work being performed by Agreement State Licensees (ASLs) in areas under NRC jurisdiction, including areas of exclusive Federal jurisdiction, and allows the NRC to perform safety inspections to assure that
.l work is being performed in accordance with NRC requirements and that the public health and safety is protected. Failure to submit the required Form-241 may subject your contractors to civil and criminal sanctions under the Atomic Energy Act of 1954, as amended.
Please ensure that our contracting office is aware of areas at your facility that are under exclusive Federal jurisdiction so that contractors, who use radioactive material in these areas, will be informed of the need to meet NRC requirements. NRC expects that ASLs will ask Federal facilities whether areas where radioactive material is to be bsed are areas of exclusive Federaljurisdiction. Enclosed is a copy of guidance that NRC issued to assist ASLs in determining exclusive Federaljurisdiction.
- You should inform your ASL contractors during pre-construction briefings, or otherwise, that they may not perform work in areas of exclusive Federal jurisdiction at your facility unless they first obtain an NRC license or file Form-241 with the NRC pursuant to 10 CFR 150.20. You may contact Monte Phillips of the NRC Region lli Office at (630) 829-9806 to determine whether a particular ASL has filed Form-241 prior to conducting work at your facility.
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D. Dodds I Thank you for your cooperation with the U.S. Nuclear Regulatory Commission. Please contact Michael LaFranzo of my staff at (630) 829-9865 if you have any questions concerning this letter.
Sincerely, l
/s/BruceL.Jorgensen Bruce L. Jorgensen, Chief Decommissioning Branch Docket No. 150-00012 License No. IL-02009-01
Enclosure:
As stated l
Distribution Docket File PUBLIC NEO5-Rill l
J. Lynch, Rlli 1
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l 170062 DOCUMENT NAME: G:\\SEC\\nav15020.dnm To receive a copy of this document, indicate in the box:"C" = Copy without endosure "E"= Copy with enclosure"N*= No copy l C, l
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NAME G)(aFraMo:dp JorgeWn DATE 07/3d/94 07/5d/99 OFFICIAL RECORD COPY L
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RECOMMENDED PROCEDURE FOR LICENSEES TO OBTAIN
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JURISDICTION DETERMINATIONS
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If you intend to conduct licensed activities at a Federally controlled site (e.g., a Federally controlled site in an Agreement State), thejurisdicdonal status of the site should be determined. If you are uncertain regarding the jurisdictional status of a proposed work site, it is recommended that you take the following steps:
Obtain specific information regarding the location of the proposed work site (e.g., street address, j
a.
Range / Township, building or hangar number, distance from a specific intersection, or other identifying details) and identity of the Federal agency controlling the proposed work site.
b.
Call the Federal agency's local contact (contract officer, base environmental health officer, district office staff, regional office staff, etc.) and request information regarding the jurisdictional status of the proposed work site. We recommend that you request such a statement in writing.
Otherwise, you should document for your records the name and title of the person at the Federal agency who provided the determination and the date that it was provided.
i.
If the work site is identified as falling under " Exclusive Federal Jurisdiction" and you are an Agreement State licensee, your notification of proposed work (NRC Form 241) and, if available, a copy of the statement of jurisdiction from the agency should be submitted to NRC. In lieu of submitting an NRC Form 241, Agreement State licensees may apply for a specific NRC license to operate in areas under NRCjurisdiction. If you are an NRC licensee, no action is required.
j ii.
If the work site is identified as other than " Exclusive Federal Jurisdiction" you should contact the Agreement State within which the facility resides.
j An Agreement State licensee found to be involved in an area of exclusive Federaljurisdiction without a i
prior NRC license or without prior filing for reciprocity under 10 CFR 150.20 is potentially subject to escalated enforcement action, including civil penalties and orders. However, NRC will not take enforcement action against an Agreement State licensee for such violations if the licensee has evidence that it received a determination from the Federal agency that the area of work is not under exclusive Federal jurisdiction. This evidence may be a written statement from the Federal agency that provided the determination and the date that it was provided or a written statement signed and dated by the licensee documenting the name and title of the person at the Federal agency who provided the determination that the work site was not in an area of " Exclusive Federal Jurisdiction" and the date the determination was provided.
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