ML20217J500

Notice of Violation from Insp on 980309.Violation Noted:On 980227,Theilsch Engineering,Inc,Licensee of Rhode Island, Used 27.6 Curie Ir-192 Radiography Source W/O Specific License Issued by NRC W/O Filing form-241 W/Nrc

ML20217J500
Person / Time
Issue date:	04/23/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20217J482	List: ML20217J480 ML20217J500 ML20217J537
References
150-00038-98-01, 150-38-98-1, EA-98-161, EA-98-162, NUDOCS 9804300255
Download: ML20217J500 (2)

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ENCLOSURE 1 NOTICE OF VIOLATION i

i Theilsch Engineering, Inc. Docket No. 150-00038 Cranston, RI RI Ucense No. 3D-065-01 EAs98-161 & 98-162 l During an NRC inspection conducted on March 9, ,1998, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600,the violations and associated civil penalty are set forth below:

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

I 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-1 Agreement States subject to the provisions of 10 CFR 150.20(b).

A. 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non- j Agreement States shall, at least 3 days before engaging in each such activity, file 4 copies of NRC Form-241, " Report of Proposed Activities in Non-Agreement States",

with the Regional Administrator of the appropriate NRC regional office.

Contrary to the above, on February 27,1998, Theilsch Engineering, Inc., a licensee of Rhode Island, used a 27.6 Curie iridium-192 radiography source at a Resco facility in i Bridgeport, Connecticut, a non-Agreement State, without a specific license issued by the NRC and without filing Form-241 with the NRC. (01013) ,

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

B. 10 CFR 150.20(b)(4) requires, in part, that any person engaging in activities in non-Agreement States shall comply with all terms and conditions of the specific license issued by an Agreement State.

Condition 19 of RI License No. 3D-065-01 requires that licensed material be possessed and used in accordance with statements, representations and proccdures contained in Radiation Safety Manual NDT-41, Revision 15.

Item 7.2 of this manual requires "No unauthonzed personnel shall be allowed within the restricted ares." item 7.5 of this manual requires that licensee personnel will confirm that no unauthorized personnel are within the boundaries of the restricted area during and after radiographic exposures.

Contrary to the above, on February 27,1998, during the performance of radiography on Boiler No. 3 at the Bridgeport Resco facility in Bridgeport, Connecticut, Theilsch Engineering Inc. did not adequately confirm that no unauthorized personnel were 9804300255 980423 I PDR STPRG ESGRI l PDR l

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l Enclosure 1 2 within the boundaries of the restricted area during and after a radiographic exposure.

'Specifically, on February 27,1998, radiography was performed (one three minute exposure) on the attemperator above the superheater penthouse on the 9* level (uppermost level) of Boiler No. 3 at the Bridgeport Resco facility, and during that time,

, an individual was located within the boiler on the 9th floor which was within the j restricted area. (O2013) ,

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This is a Seventy Level lil violation (Supplement VI).

Pursuant to the provisions of 10 CFR 2.201, Theilsch Engineering Inc. is hereby required to l

submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:  ;

I Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, i Region I, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). ]

l This reply should be clearly marked as a " Reply to a Notice of Violation" and should include  ;

for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results i achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the '

date when full compliance will be achieved. Your response may reference or include previous I

docketed correspondence, if the correspondence adequately addresses the required response.

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.

l Where good cause is shown, consideration will be given to extending the response time.

If you contest this enforcement' action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without 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. ff you request withholding of such material, you miat specifically identify the portions of your response that you seek to have withheld 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 King of Prussia, Pennsylvania this 23rd day of April 1998 i