ML20236S521
| ML20236S521 | |
| Person / Time | |
|---|---|
| Issue date: | 07/22/1998 |
| From: | Merschoff E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Mclaughlin J External (Affiliation Not Assigned) |
| Shared Package | |
| ML20236S523 | List: |
| References | |
| 15000042-98-09, 15000042-98-9, EA-98-347, NUDOCS 9807240400 | |
| Download: ML20236S521 (5) | |
See also: IR 015000042/1998009
Text
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REGION IV 9, - 611 RYAN PLAZA DRIVE. SUITE 400 %, ' N ,d ARUNGTON TEXAS 76011 8064 ..... July 22, 1998 EA 98-347 James S. McLaughlin, President Cardinal Surveys Company P.O. Box 729 Odessa, Texas 79760-0729 SUBJECT: NRC INSPECTION REPORT NO.150-00042/98-09 AND NOTICE OF VIOLATION I .l Dear Mr. McLaughlin: This refers to the inspection conducted on June 11-12,1998, at your office in Odessa, Texas. The enclosed report presents the results of this inspection. A preliminary exit briefing was conducted with your staff at the conclusion of the inspection. A telephonic exit briefing was later conducted with you on June 26,~1998. Based on the information developed dring the inspection, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation l l (Notics) and the circumstances surrounding it are described in detail in the subject inspectij report. The significance of the violation and the need for lasting and effective corrective actio ' were discussed with members of your staff at the conclusion of the inspection and during the telephonic exit briefing with you on June 26,1998.' The violation involved the failure to file an NRC Form 241 for proposed activities in non-Agreement states in accordance with 10 CFR 150.20. Licensed material was used in a non-Agreement state on April 17,1998, without prior authorization from NRC's Region IV office in Arlington, Texas. The NRC acknowledges that the licensee identified their failure to file an NRC Form 241, at which time Cardinal immediately contacted the NRC Region IV office and submitted a properly completed l NRC Form 241. The NRC considers the violation to be significant, in part, because this failure denied the NRC the opportunity to inspect to assure the safety of Cardinal's activities. Therefore, this violatio has been categorized in accordance with the " General Statement of Policy and Procedure for , ' NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 at Severity Level 111. Based on our review of the inspection findings and your discussion of proposed corrective actions during the inspection conducted on June 12,1998, the NRC has concluded that we have sufficient information to make an enforcement decision without the need for a predecisional l enforcement conference. hf [; 8 = i.
_ __ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ l . , l Cardinal Surveys Company -2- 1 l l l In accordance with the Enforcement Policy, a base civil penalty in the amount of $2,750 is , considered for a Severity Level 111 violation. Because your facility has not been the subject of ! escalated enforcement actions within the last two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Based on the corrective actions that you have previously described, it appears that credit is warranted for prompt and comprehensive corrective actions. As noted below, the decision on providing credit for corrective action will be l subject to your confi: ming on the license docket that the actions previously described to the staff have been or are beir.n taken. Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have been authorized, afte - consultation with the Director, Office of Enforcement, not to propose a civil penalty at this time. However, significant violations in the future could result in a civil penalty. In additiori, issuance of this Severity Level 111 violation constitutes escalated enforcement action, that may subject you to increased inspection effort. You are required to respond to thiri letter and should follow the instructions specified in the enclosed Notice when prepriN your response. The NRC will use your response, in part, to l determine whether further enforcement action is necessary to ensure compliance with regulatory l requirements. { As proviwd for in the enclosed Notice, you are required to include a description of the reasons j for the violation, if admitted, and your corrective action. This description should address the l actions taken following identification and the long term comprehensive actions taken or that will ' be taken to prevent recurrence. Your response should be submitted under oath or affirmation and may reference or include previous docketed correspondence if the correspondence adequately addresses the required response. If the NRC is satisfied with your response, you
l will be notified that this enforcement action is completed. However, if your documented corrective action is not sufficiently prompt and comprehensive such that a civil penalty may be warranted, we may telephone you or schedule a predecisional enforcement conference with you, in addition, if you dispute the enclosed violation or its severity level, you should describe the basis for the dispute in your response. Further, you may request that an enforcement conference be held, in which case, please advise D. Blair Spitzberg, Ph.D. within 7 days of the l date of this letter. In the absence of such a request but where matters are disputed, we may l also elect to hold an enforcement conference. In the event that a conference is to be held, it wili l be scheduled at least 2 weeks after receiving the written response to the Notice. Following l review of any disputes and the record of the conference, if held, a decision will be made to ' modify, withdraw, or affirm the Notice and, if warranted, issue a civil penalty.
_ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ., Cardinal Surveys Company -3- In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosures, and your response will be placed in the NRC Public Document Room (PDR). Sincerely, / / Ellis W. Merse Regional Admi strator Docket No.: 150-00042 License No.: Texas LOOO65 Enclosures: 1. NRC Inspection Report 150-00042/98-09 2. Notice of Violation cc w/ enclosures: Texas Radiation Control Program D.rsctor 1 I I ! ! I i l
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- RAleonardi
- NMSB2
- MIS System
- RIV Nuclear Materials File - 5th Floor
- W/lFS Form
DOCUMENT NAME: g:',nmis o\\ral\\ cardinal.rpt R:\\_dnms\\80004209.ral To receive copy of document, indicate in bex:"C" = Cepy without enclosures "E" = Copy with enclosures "N" = No copy _ RIV:DNMS:NMSE2 l C:NMSB2 'RC i,4[[ EO t h l DD:DNMS V RAleonardi:wswgg DBSpitzberffi'"I WLBrown l//(7CGFSia66ed LLHo g ~ ' 07 07 98 If 071( S 8 OTT/98 Og---- ' umusa//998 mmuumusssummu - ==== =-:== : REmiiBT r = = .BEEEE D.DNMS jj/ DRA RAScarano/M JEDyer {yllt Wgnfchoff l 07/1. l/98 07/M /98 4f16/98 _ l OFFICIAL RECORD COPY I
7 - - - - - - - - - - - - - - - _ - - - _ - _ _ _ _ _ _ _ _ _ _ . , - I p Cardinal Surveys Company -4- E-Mail report to Document Control Desk (DOCDESK) E-Mail report to OEMAIL bec to DCD (IE07) bec distrib. by RIV: EWMerschoff JLierberman, OE (MS: O-7H) OE:EA File (MS: 7_H5) DACool, NMSS (MS: T-8F) PKHolahan, NMSS (MS! T-8F) GFSanborn WLBrown RWise RAScarano LLHowell DBSpitzberg CLCain FAWenslawski MRShaffer CHemandez (2)
- RAleonardi
- NMSB2
- MIS System
- RIV Nuclear Materials File - 5th Floor
- W/lFS Form
l l DOCUMENT NAME: g:\\nmis.o\\ral\\ cardinal.rpt R:\\_dnms\\80004209.ral To receive copy of document, indicate in box:"C" = Copy without enclosure} "E" = Copy with enclosures "N" = No copy RIV:DNMS:NMSB2 l C:NMSB2 l RC fl, vf/l EO rf/pl DD;DNMS V RAleonardi:wswgg DBSpitzberffr3 WLBrown //(TCGFSfo66rd LLHo g ' 07/1998 07 98
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