ML20217G182

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $5,500.Violation Noted:Licensee Used Licensed Matl for 290 Days at Sites Under NRC Jurisdiction in West Virginia & Indiana

ML20217G182
Person / Time
Issue date:	03/25/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20217G175	List: IR 015000016/1997003 ML20217G182
References
15000016-97-03, 15000016-97-3, EA-98-021, EA-98-21, NUDOCS 9804020227
Download: ML20217G182 (6)

Text

..

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Ground Engineering and' Testing Docket No. 150-00016 Service, Inc. License No. Kentucky 201 431 51 EA 98 021 During an NRC inspection conducted on December 12, 1997, a violation of NRC requirements was identified. . In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG 1600, the NRC 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, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

10 CFR 30.3 requires, in part, that no person shall possess or use byproduct material except as authorized by a specific or general license issued by the NRC.

10 CFR 150.20(a) provides, in part, that any person who holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in non Agreement States and areas of exclusive  ;

federal legislative jurisdiction subject to the provisions of '

10 CFR 150,20(b).

10 CFR 150.20(b)(1) requires _in part, that any person engaging in activities in non Agreement States or areas of exclusive federal legislative jurisdiction shall, at least three days before engaging in each activity, file four copies of NRC Form 241, " Report of Proposed Activities in non Agreement States," with the Regional Administrator of the Appropriate NRC Regional Office.

10 CFR-150.20(b)(3) requires, in part,'that any person engaging in activities in non Agreement States or areas of exclusive federal legislative jurisdiction shall not, under the general license concerning activities in non Agreement States, possess or use radioactive materials, or engage in the activities authorized in paragraph 10 CFR-150.20(a), for.more than'180 days in any calendar year.

Contrary to the above, between January 1, 1997 and December 18, 1997,

.the licensee used licensed materials for a total of 290 days at sites under NRC jurisdiction in West Virginia and Indiana,'and in an area of exclusive federal jurisdiction at Fort Knox, Kentucky, without either a specific or general license issued by the NRC and without filing NRC Form 241, as required, The specific sites and periods of usage were as 1 follows:

L Days -

Cumulative HQDth llSid L2CA.titlD - Days in 1997 January. 21 Fort Knox, KY 21 p March 9 Buffalo, WV 30 Enclosure 1 9904020227 900325 PDR STPRC ESOK n .

s

< . . .w Notice of Violation 2-Days' Cumulative HQD1b lhitd Location Days in 1997-April 30 Buffalo, W 60 May 31 Buffalo, W 91 June 30 Buffalo, W - 121 July 31 Buffalo, W 152-August 31- Buffalo, W 31: Ft. Knox 3 183 September 30 Buffalo.- W 30; Ft. Knox 7 213 October 28 Buffalo, W 28: Ft. Knox 9:

Clarksville /Jeffersonville IN 7 241 November 30 Buffalo, W 30 271 December 19 Buffalo, W 19: Ft.-Knox 1 290

-(01013)

This is a Severity Level.III violation (Supplement VI).

Civil Penalty $5,500.

- Pursuant to the provisions of 10 CFR 2.201, Ground Engineering and Technical Service, Inc. (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly.

marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (1) admission or denial of the alleged violation (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that 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, an order or a Demand for Information may be issued as to 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 shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under

-10 CFR 2.201..th e Li censee may payh t e c vi il penalty by letter addressed to the Director. Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or. electronic transfer payable to the Treasurer

'of the United States in the amount of the civil penalty proposed above, or the cumulative' amount of the civil penalties if more than one civil penalty is

- proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission. Should the Licensee fail to answer within the

- time specified, an order imposing the civil penalty will be issued. Should the-Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be -

clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the

. violation listed in this Notice -in whole or in part, (2) demonstrate -

3 a..

Notice of Violation 3 extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the 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. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been 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 234c of the Act. 42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of civil )enalty, and Answer to a Notice of Violation) should be addressed to:

James _ieberman, Director, Office of Enforcement U.S. Nuclear Regulatory Commission. One White Flint North, 11555 Rockville Pike, Rockville. MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, 3roprietary, or. safeguards information so that it can be placed in the PDR witlout redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must s)ecifically identify the portions of your response that you seek to have withield and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Atlanta, Georgia this 25th day of March 1998 i

i u -

_________________.__________1____________ d

LIST OF ATTENDEES Nuclear Reaulatory Commission J. Johnson, Deputy Regional Administrator. Region II D. Collins, Director, Division of Nuclear Materials Safety (DNMS)

C. Hosey, Deputy Director, DNMS N. Mamish, Acting Branch Chief. DNMS 5.- Sparks, Senior Enforcement Specialist. Enforcement and Investigations Coordination Staff C. Evans, Regional Counsel D. Collins, Health Physicist Inspector,

-J. Dockery Investigator, Office of Investigations Region II Field Office Ground Enaineerina and Technical Service. Inc.

G. Vandevelde, Branch Manager D. Duerr, Construction Manager r

Enclosure 2

s PREDECISIONAL ENFORCEMENT CONFERENCE GROUND ENGINEERING AND TESTING SERVICE, INC.

FEBRUARY 18,1998, AT 10:00 a.m.

USNRC REGION ll ATLANTA, GEORGIA

1. ' OPENING REMARKS AND INTRODUCTIONS J. Johnson Deputy Regional Administrator, Region il

11. NRC ENFORCEMENT POLICY

, S. Sparks, Senior Enforcement Specialist Enforcement and Investigation Coordination Staff 111.

SUMMARY

OF THE ISSUES D. Collins, Director Division of Nuclear Materials Safety IV. LICENSEE PRESENTATION

)

J. Vandevelde, Branch Manager Ground Engineering and Testing Service, Inc.

V. ' BREAK /NRC CAUCUS VI. NRC FOLLOW-UP QUESTIONS Vll. CLOSING REMARKS

- ~

'J. Johnson ,

Enclosure 3

?

d ISSUE TO BE DISCUSSED Ground Engineering and Testing Service, Inc. failed to obtain a specific or general

. license, including filing for reciprocity, in that Ground Engineering and Testing -

Service, Ine:

1. Had not filed the appropriate documentation and fee to obtain recognition of its Kentucky Agreement State License at least three days prior to beginning licensed activitics at Fort Knox, KY, an area of exclusive federal jurisdiction;

2. Had not obtained NRC acknowledgment of two additionaljob site locations (Clarksville / Jacksonville, IN, and Buffalo, VW) and paid the fee required, in non-agreement states; and, I

3. Had exceeded the 180 days in a calendar year (1997) which would have been authorized had recognition of the Agreement State license been sought.

4. Had not obtained an NRC specific or generallicense.

g , S RE' RACE W/O APPRO'/AL OF O' RECTOR, OE Approvedforreleaseon5fD;V