ML20216D360

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Matls Licensing Package for Amend 7 to License 50-23404-01 for Eba Engineering,Inc.Control:572610
ML20216D360
Person / Time
Site: 03021031
Issue date: 02/20/1998
From: Prange B
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
References
50-23404-01, 50-23404-1, 572610, NUDOCS 9803160360
Download: ML20216D360 (15)


See also: IR 05000234/2004001

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,gl Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public Law 93-438), and Title 10, Code of

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      .gl   Federal Regulations, Chapter 1. Parts 30,31,32,33,34,35,36,39. 40, and 70, and in reliance on statem                                                    jj

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      ;, by the licensee, a license is hereby issues' .uthorizing the licensee to receive, acquire, possess, and transfer byproduct, source, and special nuclear    jl
      ;1 material designated below; to use such material for the purpose (s) and at the place (s) designated below; to deliver or transfer such material to         1
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   :h persons authorized to receise it in accordance w ith the regulations of the applicable Part(s). This license shall be deemed to contain the conditions           l
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           specified in Section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations, and orders of the " l

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   ;" l Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified below.                                                             El
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                                                                                              In accordance with letter dated                                       E
   :!                                                                                         January 13, 1998                                                      3
   :?       l-     EBA Engineering, Inc.
       "                                                                                  3. License Number 50-23404-01 is amended in                               E
   :                                                                                          its entirety to read as follows:                                      3
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   j        2.     907 E. Dowling Road, Suite 27                                                                                                                    sl
      :5          Anchorage, Alaska 99518-1427                                            4. Expiration Date May 31, 2004                                           5
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      ?                                                                                     Reference No.       030-21031                                           3
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   :a      6. Byproduct, Source, and/or
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                                                                     7. Chemical and/or Physical
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                                                                                                                        8. Maximum Amount that Licensee             (
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      's        A.    Cesium-137                                          A. Sealed sources                                A.      Not to exceed 10                 A
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   3.            P.   Americium-241                                       B. Sealed neutron                                B.      Not to exceed 50                 $
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   ji           C.    Americium-241                                       C.  Sealed neutron                               C.      Not to exceed 100                E!'
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                                                                            Amendment No. 7
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  I                                                   CONDITIONS                                      E
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  b   10.   Licensed material may be used at the licensee's facilities located at 907 East            E
  I         Dowling Road, Suite 27, Anchorage, Alaska, and at temporary job sites of the              E
  N         licensee anywhere in the United States where the U.S. Nuclear Fogulatory Commission       E
  b         maintains jurisdiction for regulating the use of licensed mate'!al, including areas       E    ,
  B         of exclusive Federal jurisdiction within Agreement States.                                E    '
  N                                                                                                   E
  B         If the jurisdiction status of a Federal facility,within an Agreement State is             E
  R         unknown, the licensee should contact the federal agency controlling the job site in       E
  N         question to determine whether the proposed job site is an area of exclusive Federal       E
  I         jurisdiction. Authorization for use of radioactive materials at job sites in              g
 B          Agreement States not under excbsive Federal jurisdiction shall be obtained from the       g
  g         appropriate state regulatory ytacy.                                                       g
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 g    11.   Licensed material shall only be used by, or under tha supervision and in the              g
 g          physical presence of Ronald R. Booker or individuals who have successfully completed      g
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 l          program for gauge users, have been instructed in the licensee's routine and               gl
 g-         emergency operating procedures and who have been designated by the Radiation Safety       gl
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 y    12. The Radiation Safety Officer for this license is Ronald R. Booker,                          gl
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 y    13.   A.    Sealed sources shall be tested for leakage and/or contamination at intervals        gl       ;
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 l          B.    In the absence of a certificate from a transferor indicating that a leak test
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                  h s been made within 6 months prior to the transfer, a sealed source or             [-
                  detector cell received from another person shall not be put into use until
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            C.    Sealed sources need not be leak tested if they are in storage, and are not          E
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                  being used.    However, when they are removed from storage for use or transferred   81
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                  to another person, and have not been tested within the required leak test           E'
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                  interval, they shall be tested before use or transfer. No sealed source shall       E
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                                                                       Amendment No. 7
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  I   13.  (Continued)                                                                                N
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  I        D.   The leak test shall be capable of detecting the presence of 0.005 microcurie of       5
  I             radioactive material on the test sample. If the test reveals the presence of          N
  I             0.005 microcurie or more of removable contamination, a report shall be filed          N
 N              with the U.S. Nuclear Regulatory Commission in accordance with 10 CFR 30(b)(2),       E       l
 1              and the source shall be removed immediately from service and decontaminated,          W
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 I              repaired, or disposed of in accordance with Commission regulations. The report       E.
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 1              Arlington, Texas 76011, ATTN: Director, Division of Nuclear Materials Safety.        E
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 N    14. The licensee shall conduct a physical inventory every 6 months to account for all          g
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           sources removed or detached from source rods or gauges by the licensee, except as
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      16.  In addition te the possession limits in Item 8, the licensee shall further restrict
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 l    17.  Each portable gauge shall have a lock or outer locked container designed to prevent       E
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 y         The gauge or its container must be locked when in transport, storage, or when not         E
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      18. Any cleaning, maintenance, or repair of the gauge (s) that requires detaching the          Ei;
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           the provisions of 10 CFR Part 71, " Packaging and Transportation of Radioactive           U
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  g                      SUPPLEMENTARY SHEET                                    030-21031                    g
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      20.   A.    If the licensee uses unshielded sealed sources extended more than 3 feet below             N
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                  the surface, the licensee shall use surface casing that extends from the lowest            E
  3
                  depth to 12 inches above the surface and other appropriate procedures to reduce            E
  3               the probability of the source or probe becoming lodged below the surface. If               :
 !8               it is not feasible to extend the casing 12 inches above the surface, the                   E
                  licensee shall implement procedures to ensure that the cased hole is free of               E
  3               obstruction before making measurements.                                                    h
  3                                                                                                          E
 !S         B.    If a sealed source or a probe containing ' seal'ed, sources becomes lodged below           E
                  the surface and it becomes apparent that efforts to recover the sealed source              E
  5               or probe may not be successful, the licensee shall notify the U.S. Nuclear                 E
 3                Regulatory Commission and submit the report required by 10 CFR 30.50(b)(2) and             Ej   .
 3                (c). The licensee shall not abandon the sealed source or probe without                     El
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 3                obtaining the Commission's prior written consent.                      O                   E
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 3    21.   Except for maintaining labeling as required by 10 CFR Part 20'or 71, the licensee                E
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 s'         device, or source-device combination that would alter the description or                         E
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 W    22.   In addition to the possession limits in Item 8, the licensee shall further restrict              E
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     I                                                                          I23404-01
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     W                    MATERIALS LICENSE                           ooneior ggp                           q
     p                    SUPPLEMENTARY SHEET                                                               g
                                                                               Amendment No. 7              N
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l 1 23. Except as specifically provided otherwise in this license, the licensee shall N

     N        conduct its program in accordance with the statements, representations, and                   N

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     I        procedures contained in the documents including any enclosures, listed below. The             N
     I        Nuclear Regulatory Commission's regulations shall govern unless the statements,               N

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     I        representations and procedures in the licensee's application and correspondence are           E

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    I         more restrictive than the regulations.                                                        N

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    1                                                                                                      N

l 1 A. Letter dated June 29, 1992 ., I

    I         B.   Application dated March 23, 1994 * ' - tz / / ,                                       a
                   Telefacsimile dated May 17, 1994
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9 D. Letter dated January 13, 1998 -
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                                  UCENSE FEE REQUIREMENTS                                                       OFFICE OF THE CONTROLLER

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                                                                                                                WASHINGTON, DC 20666 0001
                                                                                                                                  TYPE OF ACTION
                                                                                                                      NEW UCENSE
                                                                                                                                                                            l
                                                                                                                      RENEWAL OF UCENSE
            EBA ENGINEERING, INC.
                                                                                                                      AMENDMENT TO UCENSE
            ATTN: KURT O. STANGL
                                                                                                               REQUESTED DATE
                      PRESIDENT
            907 EAST DOWLING ROAD, SUITE 27                                                                                             1-13-98
            ANCHORAGE, AK 99518                                                                                UCENSE NUMBER
                                                                                                                                    50-23404-01
                                                                                                               CONTROL NUMBER
                                                                                                               572610 ATTN: RITA MESSIER, LFARB, T9E10
                               1. APPLICATION FEE DUE                                                             IL FEE NOT REQUIRED
    Your request for a licensing action is subject to the fee (s) in the category (ies)
    noted below in accordance with Section 170.31 of the enclosed Federal                    Enclosed is Check No.                       which accompanied your
    R giter notice. Payment of the fee is required prior to the issuance of the              request. The fee is not required because:
    lic:nse, renewal, or amendment.                                                                                                                                         j
    udb          APPLICATION                RENEWAL                 AMENDMENT                         We received your Check No.                         In payment of      i
                                                                                                                                                                            l
       3P     s                       s                         s              350.00                 the fee.
              5                       5                         5
              $                       5                         s                                      The Ucensing staff has Informed us that your request is to be
              g                       g                         g                                      considered as a continuation of your request dated
              S                       $                         $                                                           , Control No.
              S                       $                         $
                                                                                                       Your request was combined, prior to review, with your
                                                                                                ]
              S                       5                         5                                                           request, Control No.
              5                       5                         5
                                                                                                                   IIL CHECK RETURNED

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                            FEE (s) DUE                         s              350.00                                                                                       !
                                                                                             Enclosed is Check No,                       which was returned to us
                            PAYMENT RECEIVED                    3
                                                                s              350.00        W the WW                                                                       ,
                            AMOUNT DUE
                                                                                                       INSUFFICIENT FUNDS
      ]     Your request was received without the prescribed application
            fee,                                                                                       ACCOUNT CLOSED
                                                                                                        OTHER                                                               .
            We received your Check No.                       in the amount of                                                                                               !

l $ . Payment of the additionalfee noted j

           above is required.

( MAIL THE REPLACEMENT CHECK TO THE ADDRESS LISTED AT THE l

                                                                                                                                                                            '

l Your request will increase the scope of your license program. TOP OF THIS FORM AND REFERENCE THE ABOVE CONTROL

            Therefore, your request is subject to the application fee (s) noted above. NUMBER.

j Refer to Section 170.31 and Footnote 1(d)(2). IV. LICENSE ISSUED WITHOUT THE REQUIRED FEE

            Your license expired prior to the receipt of your application for renewal.        Ucense No.                      , Amendment No.                , issued on
            Therefore, your request is subject to the application fee (s) noted above.
             Refer to Section 170.31 and Footnote 1(a).                                                        was issued without the required fee being                    ;
                                                                                                                                                                            '
                                                                                             collected. The fee required is noted in Section i of this form.
    MAKE PAYMENT OF THE FEE (S) TO THE U.S. NUCLEAR                                          The scope of your licensed program was increased. Therefore, your
     REGULATORY COMMISSION AND MAIL THE PAYMENT TO THE                                       request is subject to the application fee (s) noted in Section 1 of this form.
    ADDRESS LISTED AT THE TOP OF THIS FORM. IF WE DO NOT                                       Refer to Section 170.31 and Footnote 1(d)(2).
     RECEIVE A REPLY FROM YOU WITHIN 30 CALENDAR DAYS FROM
     THE DATE USTED BELOW,WE SHALL ASSUME THAT YOU DO NOT                                     Because of the urgency of your request, the license was issued without
    WISH TO PURSUE YOUR APPUCATION AND WILL VOID THIS                                         remittance of the prescribed fee noted in Section 1 of this form.
     ACTION.
     StGNATURE -LICENSE FEE ANALYST                      LFDCB           _ /kFDCBi          D491buten?               OC/ DAY MY                   DATE
                                                      REMessier         Gf?\/               Peneng Fee FNs           OC/DAF/SFfLF4 2.7
                  RITA MESSIER                          1/21/98                             LFARS R/F (2)           Region WC,Fo )                        1-21-98
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                                                    UNITED STATES
                                       NUCLEAR REGULATORY COMMISSION
                                                       REGION IV
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                                                Walnut Creek Field Office
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                                           Walnut Creek, California 94596-5368
                                                      FEB 2 0 till8
         EBA Engineering, Inc.
         ATTN: Kurt O. Stangl
                     President
         907 E. Dowling Road, Suite 27
         Anchorage, Alaska 99518-1427
         SUBJECT: LICENSE AMENDMENT
         Please find enclosed License No. 50-23404-01. You should review this license carefully and be
         sure that you understand all conditions. Please note that as part of this amendment, in
         accordance with 10 CFR 30.36, effective February 15,1996, the expiration date of your license
         has been extended by a period of five years. Your new expiration date is stated in item 4 of the      j
         license. If you have any questions, you may contact the reviewer who signed your license at
         (510) 975-0250.
         You should note that License Condition 22 has been added to your license relative to the
         maximum amount of material you may possess under the license. This licensing action was
         necessary to preclude you from exceeding possession limits of materials requiring that
         decommissioning financial assurance be provided. Should you determine that you require
         possession of materialin excess of 10 CFR 30.35(d) amounts, please notify us regarding an
         amendment to yourlicense.
                                                                                                               t
         NRC expects licensees to conduct their programs with meticulous attention to detail and a high        i
         standard of compliance. Because of the serious consequences to employees and the public
         which can result from failure to comply with NRC requirements, you must conduct your program
         involving radioactive materials in accordance with the conditions of your NRC license,

l representations made in your license application, and NRC regulations. In particular, note that

         you must:                                                                                             ;
          1.        Operate in accordance with NRC regulations 10 CFR Part 19, " Notices, instructions and
                    Reports to Workers: Inspection and Investigations," 10 CFR Part 20, " Standards for
                    Protection Against Radiation," and other applicable regulations.
                                                                                                               I

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         2.         Possess radioactive material only in the quantity and form indicated in'your license.

! 3. Use radioactive material only for the purpose (s) indicated in your license.

         4.         Notify NRC in writing of any change in mailing address (no fee required if the location of

I radioactive material remains the same).

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! l- EBA Engineering, Inc. -2- l l l l 5. Request and obtain written NRC consent before transferring your license or any

                right thereunder, either voluntarily or involuntarily, directly or indirectly, through
                transfer of control of your license to any person or entity. A transfer of control of
                your license includes not only a total change of ownership, but also a change in the
                controlling interest in your company whether it is a corporation, partnership, or
                other entity, in addition, appropriate license amendments must be requested and
                obtained for any other planned changes in your facility or program that are contrary
                to your license or contrary to representations made in your license application, as
                well as supplemental correspondence thereto, which are incorporated into your
                license. A license fee may be charged for the amendments if you are not in a fee-
                exempt category.
         6.     Maintain in a single document decommissioning records that have been certified for
                completeness and accuracy listing all the following items applicable to the license:
                *       Onsite areas designated or formerly designated as restricted areas as defined
                        in 10 CFR 20.3(a)(14) or 20.1003,
                                                                                                         i
                                                                                                         '
                *       Onsite areas, other than restricted areas, where radioactive materials in
                        quantities greater than amounts listed in Appendix C to 10 CFR
                        20.1001-20.2401 have been used, possessed, or stored.
                *       Onsite areas, other than restricted areas, where spills or other unusual
                        occurrences involving the spread of contamination in and around the facility,
                        equipment, or site have occurred that required reporting pursuant to 10 CFR
                        30.50(b)(1) or (b)(4), including areas where subsequent cleanup procedures
                        have removed the contamination.
                *       Specific locations and radionuclide contents of previous and current burial
                        areas within the site, excluding radioactive material with half-lives of 10 days
                        or less, depleted uranium used only for shielding or as penetrators in unused
                        munitions, or sealed sources authorized for use at temporary job sites.
                *       Location and description of all contaminated equipment invoh*ed in licensed
                        operations that is to remain onsite after license terminatiori.
         7.     Submit a complete renewal application with proper fee, or termination request at          .
                                                                                                          l
                least 30 days before the expiration date on your license. You will receive a
                reminder notice approximately 90 days before the expiration date. Possession of           ;
                radioactive material after your license expires is a violation of NRC regulations.        l
         8.      Request termination of your license if you plan to permanently discontinue activities

! involving radioactive material.

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          You will be periodically inspected by NRC. Failure to conduct your program in accordance    1

l with NRC regulations, license conditions, and representations made in your license j l

          application and supplemental correspondence with NRC will result in enforcement action
          against you. This could include issuance of a notice of violation; imposition of a civil
                                                                                                     l;
          penalty; or an order suspending, modifying, or revoking your license as specified in the    l
          " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement      i
          Policy),60 FR 34381, June 30,1995.

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          Thank you for your cooperation.                                                            I
                                                           Sincerely,

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                                                           Beth A. Prange

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                                                           Sr. Health Physicist (Licensing)

l Materials Branch l Docket: 030-21031

          License: 50-23404-01
          Control: 572610

l Enclosures: As stated {

          cc: State of Alaska (License only)

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                 WCFO Inspection File                                                                                                   ;
                  Docket File                                                                                                           j
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                  DOCUMENT NAME: G:\beth\572610
                   To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

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                   RIV:MB               lN     C:MB           V                     l                     l                      l
                   BPrange '/Bap               FWens4tfEski
                   01/]S/98                   M/ /98                   01/    /98           01/ /98                01/ /98
                                                              0FFICIAL RECORD COPY
                 *
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 7 [ **%%                                         UNITED STATES
                                     NUCLEAR REGULATORY COMMESION
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                                                    REGION N
                                              Walnut Creek Field Office
  k'> , , , , , j!                                1450 Maria Lane , suite 300
                                         Walnut Creek, California 94596-5368
                                                     PJ A N 2 D $ 96
         EBA Engineering, Inc.
         ATTN: Kurt O'. Stangl
                   President
          907 E. Dowling Road, Suite 27
         Anchorage, Alaska 99518
          SUBJECT:        ACKNOWLEDGMENT OF REQUEST FOR LICENSING ACTION
          REFERENCE: Letter dated January 13,1998
          We have completed the administrative review and initial processing of your amendment
          request.
          Please note that the technical review may identify additional omissions in the submitted
          information or technicalissues that require additionalinformation.
          Amendment actions are normally processed within 90 days, unless the technical review        !
          identifies:
           *       Major technical deficiencies
                                                                                                      l
                                                                                                      '
           *       Policy issues that require input and coordination with other NRC Regional offices,
                   Agreement State offices, or NRC's Office of Nuclear Materials and Safeguards
           A copy of your correspondence has been forwarded to our 1.icense Fee and Accounts
           Receivable Branch, Office of the Controller, who will contact you separately if the
           appropriate license fee has not been submittad for yo0r request, or for billing if your
           request is subject to full cost recovery.
           Any correspondence about this application should reference the Control number listed
           below.
                                                           Sincerely,
                                                           1&M O.0                 e
                                                           Beth A. Prange
                                                           Sr. Health Physicist (Licensing)
                                                           Materials Branch
            Docaat No. 030 21031
            License No. 50-23404-01
            Control No. 572610

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       Docket File
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                                                                                   I
       G:\572610.aki
       To receive a copy of this document, indicate in the box "C" - Copy without
       attachment / enclosure "E" - Copy with attachment / enclosure "N" - No Copy
         OFFICE        RIV:WCFO:@                                   M

i NAME J. Garcia h- B. Prange M8

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         DATE         [ /M98                    / /2d98
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             EBA Engineeringinc,                                                                       -.....Qo-Do3l
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                                                                                                                9043f04-01
                                                                                                 C3Ji"!E IM i:06

l January 13,1998 l

             Nuclesi Regulatory Commission
             Attn.; Ms. Beth Prange
             1450 Maria Lane
             Walnut Creek, California 94596
             Dear Ms. Prange:
             This letter is to inform you of our change in Radiation Safety Officer (R.S.O.).                Effective
             immediately please remove Mr. Ronald Caron as EBA's R.S.O. We request that Mr. Ronald
             R. Booker il be listed as EBA Engineering Inc's. R.S.O. of record. We have enclosed a copy
             of Mr. Booker's Nuclear Density Meter certification.
             Referencing condition 22 of NRC Form 374A our source will not be extended 3 feet. the
             gauge design only allows a maximum of 12" extension.
             If you have any questions please call me at (907) 561-4085.
                                                                                    Sincerely,
                                                                                     EBA Engineering Inc.
                                                                                     Kurt O. Stelpgl
                                                                                     President v
                                        907 East Dowling Road, Suite 27, Anchorage. Alaska 99518
                              Tel. 907 561-4085 e FAX 907 5617071 e Intemet: anchorag@ebs.c4, www.ebs.cc
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