ML20236Q795

Notice of Violation from Insp on 980401.Violation Noted: on 980401,licensee Did Not Secure from Unauthorized Removal or Limit Access to 35 Curies of Iridium 192 Located in Unrestricted Area within Area of Federal Jurisdiction

ML20236Q795
Person / Time
Issue date:	06/16/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20236Q792	List: IR 015000010/1998001 ML20236Q795
References
15000010-98-01, 15000010-98-1, EA-98-222, NUDOCS 9807210049
Download: ML20236Q795 (3)

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i NOTICE OF VIOLATION Unified Testing Services. Inc. Docket No. 150-00010 Woodstock. Alabama License No. General (10 CFR 150.20) i EA 98 222 During an NRC inspection conducted on April 1,1998 violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions." NUREG 1600, the violations are listed below:

10 CFR 30.3 requires, in part, that except for persons exempted, no person shall possess or use byproduct material except as authorized by a specific or general license issued pursuant to Title 10. Chapter I Code of Federal Regulations. i 1

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 areas of exclusive Federal jurisdiction within Agreement States subject to the provisions of 10 CFR 150.20(b).

10 CFR 150.20(b) requires, in part, that any person engaged in licensed activities pursuant to 10 CFR 150.20(a), shall comply with all applicable regulations of the Commission, including 10 CFR 20 and all terms and conditions of the specific license issued by an Agreement State except when such terms or conditions are contrary to the requirements of this section.

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A. 10 CFR 20.1801 requires that the licensee secure from unauthorized removal or access licensed materials that are stored in unrestricted i areas. 10 CFR 20.1802 requires that the licensee control and maintain l

constant surveillance of licensed material that is in an unrestricted area and that is not in storage. As defined in 10 CFR 20.1003.

unrestricted area means an area, access to which is neither limited nor controlled by the licensee.

Contrary to the above, on April 1. 1998, the licensee did not secure from unauthorized removal or limit access to 35 curies of iridium 192 located in an unrestricted area within an area of exclusive Federal jurisdiction within an Agreement State at the B 1 bed down area at Robins Air Force Base (RAFB). Georgia. The licensee also did not control and maintain constant surveillance of this licensed material.

(01013)

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

B. Condition No. 24 of Georgia Radioactive Materials License No. 1308 01 requires that licensed activities be conducted in accordance with the i statements, representations, and procedures contained in the license application dated November 14, 1995, and in the letters dated December 11. 1995, and September 12, 1997.

I Enclosure 1 9807210049 9s0616 PDR STPRG ESGAL PDR

NOV 2 l Unified Testing Services (UTS) Operating and Emergency (0&E) procedures (Revision 0, dated November 1.1995), submitted as part of the license application dated November 14, 1995. describe in Section 5 the licensee's procedures for establishing restricted areas at temporary job sites.

Section 5 of the 0&E procedure requires that radiation area signs be posted at all accessible entrances to the restricted area, that ,

radiation area signs be posted at intervals as necessary to be readily {

seen, that restricted areas at temporary job sites be visually I controlled by radiography personnel, and that the restricted area be I surveyed during radiographic operations and the restricted area boundaries adjusted as necessary. >

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Contrary to the above, on April 1, 1998, at a temporary job site located I at RAFB, an area of exclusive Federal jurisdiction within an Agreement '

State:

1. Radiation area signs were not posted at all accessible entrances to the restricted area nor were radiation area (

signs posted at intervals as necessary to be readily seen.

Specifically, one side of the restricted area at the 1 temporary job site was not posted with radiation area signs. j In addition, a gap in the boundary of the licensee's restricted area, that could serve as an accessible entrance f was not posted.

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2. Radiography personnel failed to visually control all I portions of a restricted area at the temporary job site. I Specifically, radiography personnel stood together during I radiography operations and from their location, approximately one fourth of the restricted area was blocked from visual surveillance by two semi trailers located within the restricted area.

3. Radiography Sersonnel failed to survey, and adjust as necessary, t1e boundaries of the restricted area during three radiographic exposures at the temporary job site.

(02014)

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

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The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence and the date when full compliance will be achieved is already adequately addressed on the docket in your letter dated May 15, 1998.

However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description for the violations therein does nc, accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the I

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NOV 3 Regional Administrator, Region II, within 30 days of the date of the letter transmitting this Notice of Violation.

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.

Because your response, if you choose to submit one, will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, pro)rietary, or safeguards information so that it can be placed in the PDR wit 1out redaction. If personal privacy or )roprietary information is necessary to provide an acce) table response, tien please provide a bracketed copy of your response tlat 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 mit 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 Atlanta, Georgia this 16th day of June 1998 I

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