ML20211B536
| ML20211B536 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1997 |
| From: | Caniano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Haines R IOWA, STATE OF |
| References | |
| NUDOCS 9709250264 | |
| Download: ML20211B536 (3) | |
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.- , Dcb Septater 22, '37 Robert O. Haines Safety and Occupational Health Manager lowa Army Ammunition Plant SiOA-PPF 17571 State Highway 79 Middletown, IA 52638-5000
Dear Mr. Haines:
On July 10,16,18,23 and 24,1997, Smith Engineering Associates, Inc, conducted soil measurements using a moisture density gauge containing radioactive rnaterialin an area of i
exclusive Federaljurisdiction at your facility, the Iowa Army Ammunition Plant. During that time period, this company did not have a specific NRC license to conduct this activity and had not filed Form-241 with the NRC pursuant to 10 CFR 150.20, " Recognition of Agreement State Licenses." Therefore, the activity 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 work is boing 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 crimina! sanctions under the Atomic Energy Act cf 1954, as amended.
Please ensure that your contracting office is aware of areas at your facility that are under exclusive Federaljurisdiction so that contractors, who use radioactive materialin these areas, will be informed of the need to meet NRC requirements. NRC expects that ASLs will ask Federal facilities whether areas where radioactive materialis to be used are areas of exclusive Federaljurisdiction. Attached is a copy of the 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 l first obtain an NRC license or file Form-241 with the NRC pursuant to 10 CFR 150.20. You may contact Marcia Pearson of the NRC Psgion lli Office at (630) 829-9840 to determine whether a particular ASL has filed Form-241 prior to conducting work at your facility.
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R. Haines 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 conceming this letter.
Sincerely, Original signed by Roy J. Canlano, Acting Director Division of Nuclear Materials Safety
Enclosure:
Recommended Procedure For Licensees (ASLs)
To Obtain Jurisdiction Determinations
, cc: Nicholas Kieler, Radiation Safety Officer Mason & Hanger-Sila Mason Co., Inc.
17571 State Highway 79 Middletown, IA 52538-5000 l
'T DOCUMENT NAME: G:\LTRS2LIC\MTLS\SMITHENG T 3 receive a copy of this document, Indicate in the box: "C" = Copy without enclosures "E" = Cop'f with enclosures "N" = No copy OFFICE DNMS/RttrN 6 DNMS/ Rill C DNMS/Rlli -
NAME MLAFR4NZ(M4 JMADEfUlf7ft RCANIANO #
A DATE 09//$/S1 / 09//ff/9L/ 09/2/S7 V OFFICIAL RECORD COPY
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RECOMMENDED PROCEDURE FOR LICENSEES TO OBTAIN JURISDICTION DETERhlNATIONS l i g If you intend to conduct licensed activities at a Federally controlled site l i y (e.g., a Federally controlled site in an Agreement State), the jurisdictional it status of the site should be determined. if you are uncertain regarding the f' jurisdictional status of a proposed work site, it is recommended that you take g the following steps: g, Obtain specific information regarding the location of the pro)osed I a.
work site (e.g., street address. Range / Township, building or langar i number, distance from a specific intersection, or other identifying {
t details) and identity of the Federal agency controlling the proposed ]
work site, p I
- b. Call the Federal agency's local contact (contract officer, base environmental health officer, district office staff, regional office I staff, etc.) and request information regarding the jurisdictional status of the proposed work site. We recommend that you request l 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. ,
- 1. 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 i license to operate in areas under NRC jurisdiction. If you are l an NRC licensee, no action is required. }
I ii. If the work site is identified as other than " Exclusive Federal Jurisdiction" you should contact the Agreement State within which the facility resides.
i An Agreement State licensee found to be involved in an area of exclusive I Federal jurisdiction without a prior NRC license or without prior filing for reciprocity under 10 CFR 150.20 is potentially subject to escalated l! '
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 11 jurisdiction. This evidence may be a written statement from the Federal agency that provided the determination and the date that it was )rovided or a written statement signed and dated by the licensee documenting t1e 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.
Enclosure D
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