ML20235T765

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Responds to to D Powers of NRC Re Radiographic Operations Under Reciprocity in non-agreement States.Nrc Will Not Allow Util to Resume Licensed Operations in NRC Jurisdiction Until Corrective Actions Reviewed & Approved
ML20235T765
Person / Time
Issue date: 02/27/1989
From: Martin R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Cobban W
BASIN TESTING LABORATORY, INC., DBA BASIN SERVICES
References
EA-88-265, NUDOCS 8903080465
Download: ML20235T765 (2)


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In'. Reply Refer To:

Docket: '15000033

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' License:

ND 33-16105-02

,.EA: 88-265 Basin: Testing Laboratory, Inc.

dba Basin' Services, Inc.

ATTN: William S. Cobban President Post Office Box 1854 Willisto'n, North Dakota 58802-1854

Dear Mr. 'Cobban:

This'1etter is in response to your letter dated February 16, 1989, to.

Dr. Dale Powers of my staff.

Your letter referred to your interest in conducting licensed radiographic operations under reciprocity'in nonagreement-states, such as Wyoming, Montana, Minnesota, and South Dakota.

I think that_it' q

is: appropriate herein to review some actions taken by NRC related to your company's activities in' areas of NRC jurisdiction.

.j On October 8,-1988, you agreed to suspend such activities in areas-of exclusive federal jurisdiction ~until NRC concurred on the resumption of such generally

' licensed operations. That agreement, which was formalized-in our letter dated October:12, 1988, was necessitated in light of NRC inspection findings during our September.I and October 5-6, 1988,- inspections in' Wyoming and North-Dakota,.

respectively. The North Dakota inspection was conducted with the assistance of

.an' inspector from the' state.of North Dakota. Those inspections identified that-you'had.used an unqualified individual to conduct radiography without his being supervised by a qualified radiographer. Other violations included your failing to-notify NRC of your activities in Wyoming and Montana, your providing NRC l

inaccurate information, and your violating requirements-associated with the transportation of' radioactive' materials.

Following each NRC inspection, your staff was briefed of the NRC inspector's findings, and you subsequently were briefed by telephone. 'On November 3, 1988, NRC transmitted to you an inspection. report documenting apparent violations. Then on November 10, 1988, i

an enforcement conference was held with you to discuss the. apparent violations.

i The violations were described in a Notice of~ Violation and Proposed Imposition i

of. Civil Penalty, issued to you on January 19, 1989, to which you were to respond by February 19, 1989.

Because this matter involves significant safety issues, we will not allow you i

to resume licensed operations in areas of NRC jurisdiction until your

.l corrective actions have been reviewed and approved. The fact that we must j

review your corrective actions has been made clear to you by telephone on several occasions, as recently as February 15, 1989, and in our Notice of f

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f-rs Basin Testing Laboratory, Inc. Violation. Although it has never been our intention to prevent you from working in NRC jurisdiction for a protracted period, we must in the interest of public health and safety have assurance that your operations will be conducted in accordance with NRC requirements.

Finally, in that your attorney phoned to request an extension of time to reply to the January 19, 1989, Notice of Violation and Proposed Imposition of Civil Penalty, we agreed to allow you until Friday, February 24, to respond.

Subsequently, your response dated Februar/ 22 was received on Febr'uary 23 and is currently under review.

CliGIN/173 RED Bf RCMP.T D. MARIiN Robert D. Martin Regional Administrator CC:

North Dakota Radiation Control Program Director Wyoming Radiation Control Program Director Montana Radiation Control Program Director Minnesota Radiation Control Program Director South Dakota Radiation Control Program Director Honorable Senator Kent Conrad State of North Dakota 228 Federal Building ATTN:

M. Candee Bismarck, North Dakota 58505 bcc:

DMB - Original (IE-07)

H. L. Thompson, DEDS J. M. Taylor, DEDR T. O. Martin, DEDRO Staff C. E. Norelius, Region III R. E. Cunningham, NMSS J. L. Lieberman, OE R. D. Martin R. J. Doda G. F. Sanborn C. A. Hackney V. R. Scov111 R. L. Bangart R. E. Hall W.L. Fisher L. Shea, RM/ALF (AR-2015)

C. L. Cain D. A. Powers NMLS (3)

NMIS (5)

NMSB RIV Files (2)

RSTS Operator

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