ML21021A176
| ML21021A176 | |
| Person / Time | |
|---|---|
| Site: | 15000046 |
| Issue date: | 02/04/2021 |
| From: | Mary Muessle Division of Nuclear Materials Safety IV |
| To: | Winter D Hart Crowser |
| References | |
| EA-20-151 IR 2020001 | |
| Download: ML21021A176 (9) | |
See also: IR 015000046/2020001
Text
February 4, 2021
David G. Winter
President/CEO
Hart Crowser, Inc.
3131 Elliott Ave, Ste 600
Seattle, WA 98121
SUBJECT: HART CROWSER, INC. - NRC INSPECTION REPORT 150-00046/2020-001
Dear Mr. Winter:
This letter refers to our in-office document review of information submitted by Hart Crowser, Inc.
to the U.S. Nuclear Regulatory Commission (NRC) on November 19, 2020, regarding
performance of licensed activities in areas of exclusive Federal jurisdiction. The document
review, conducted between November 19, 2020, and January 5, 2021, was performed to ensure
compliance with NRC requirements related to activities performed under Title 10 of the Code of
Federal Regulations (10 CFR) 150.20, Recognition of Agreement State licenses.
The enclosed report presents the results of the review. A final exit briefing was conducted
telephonically with you and Paul H. Kastens, Laboratory Manager/Radiation Safety Officer
(RSO), on February 2, 2021.
Based on our review of the submitted information, one apparent violation was identified and is
being considered for escalated enforcement action in accordance with the NRC Enforcement
Policy. The current Enforcement Policy is included on the NRCs website at
http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation
involved the failure to file a submittal containing an NRC Form 241, a copy of the Agreement
State specific license, and the appropriate fee with the appropriate regional office at least 3 days
prior to engaging in licensed activities in areas of exclusive federal jurisdiction for calendar year
2020.
Before the NRC makes its enforcement decision, we are providing you an opportunity to
(1) respond to the apparent violation addressed in this inspection report within 30 days of the
date of this letter, (2) request a pre-decisional enforcement conference (PEC), or (3) request
alternative dispute resolution (ADR). If a PEC is held, it will be open for public observation and
the NRC will issue a press release to announce the time and date of the conference. If you
decide to participate in a PEC or pursue ADR, please contact Dr. Heather Gepford at
(817) 200-1156 within 10 days of the date of this letter. A PEC should be held within 30 days
and an ADR session within 45 days of the date of this letter.
D. Winter 2
If you choose to provide a written response, it should be clearly marked as a Response to
Apparent Violation in NRC Inspection Report 150-00046/2020-001; EA-20-151, and should
include for the apparent violation: (1) the reason for the apparent violation or, if contested, the
basis for disputing the apparent violation; (2) the corrective steps that have been taken and the
results achieved; (3) the corrective steps that will be taken; and (4) the date when full
compliance will be achieved. Your response may reference or include previously docketed
correspondence, if the correspondence adequately addresses the required response.
Additionally, your response should be sent to the NRCs Document Control Center with identical
copies mailed to Ms. Mary Muessle, Director, Division of Nuclear Materials Safety, Region IV,
1600 East Lamar Boulevard, Arlington, TX 76011, and emailed to R4Enforcement@nrc.gov,
within 30 days of the date of this letter. If an adequate response is not received within the time
specified or an extension of time has not been granted by the NRC, the NRC will proceed with
its enforcement decision or schedule a PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your
perspective on these matters and any other information that you believe the NRC should take
into consideration before making an enforcement decision. The decision to hold a PEC does
not mean that the NRC has determined that a violation has occurred or that enforcement action
will be taken. This conference would be conducted to obtain information to assist the NRC in
making an enforcement decision.
The topics discussed during the conference may include information to determine whether a
violation occurred, information to determine the significance of a violation, information related to
the identification of a violation, and information related to any corrective actions taken or
planned. In presenting your corrective action, you should be aware that the promptness and
comprehensiveness of your actions will be considered in assessing any civil penalty for the
apparent violations. The guidance in NRC Information Notice 96-28, Suggested Guidance
Relating to Development and Implementation of Corrective Action, may be helpful in preparing
your response. You can find the Information Notice on the NRC website at:
http://www.nrc.gov/docs/ML0612/ML061240509.pdf.
In lieu of a PEC, you may request ADR with the NRC in an attempt to resolve this issue.
ADR is a general term encompassing various techniques for resolving conflicts using a third
party neutral. The technique that the NRC has decided to employ is mediation. Mediation is a
voluntary, informal process in which a trained neutral (the mediator) works with parties to help
them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral
mediator who has no stake in the outcome and no power to make decisions.
Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be
creative, find areas of agreement, and reach a final resolution of the issues. Additional
information concerning the NRCs program can be obtained at https://www.nrc.gov/about-
nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution (ICR) at Cornell
University has agreed to facilitate the NRC's program as a neutral third party. Please contact
ICR at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing
resolution of this issue through ADR.
In addition, please be advised that the number and characterization of apparent violations
described in the enclosed inspection report may change as a result of further NRC review.
You will be advised by separate correspondence of the results of our deliberations on this
matter.
D. Winter 3
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice, a copy of this
letter, its enclosure, and your response, if you choose to provide one, will be made available
electronically for public inspection in the NRC Public Document Room or from the NRCs
Agencywide Documents Access and Management System (ADAMS), accessible from the NRC
Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response
should not include any personal privacy or, proprietary, information so that it can be made
available to the public without redaction.
If you have any questions concerning this matter, please contact Dr. Heather Gepford of my
staff at (817) 200-1156 or by email at Heather.Gepford@nrc.gov.
Sincerely,
Mary C. Digitally signed by
Mary C. Muessle
Muessle Date: 2021.02.04
11:50:15 -06'00'
Mary C. Muessle, Director
Division of Nuclear Materials Safety
Docket No.: 150-00046
License No.: General License
under 10 CFR 150.20
Enclosure:
NRC Inspection Report 150-00046/2020-001
cc:
Earl Fordham, CHP, Deputy Director
Office of Radiation Protection
X SUNSI Review ADAMS: X Non-Sensitive X Publicly Available Keyword:
by: LMH X Yes No Sensitive Non-Publicly Available NRC-002
OFFICE MLDB C:MLDB TL:ACES ORA D:DNMS
NAME LMHanson HJGepford JRGroom DMCylkowski MCMuessle
SIGNATURE /RA/ /RA/ /RA/ /RA/
DATE 2/1/2021 02/03/2021 2/1/2021 1/27/2021
NUCLEAR REGULATORY COMMISSION
REGION IV
Docket No.: 150-00046
License No.: General License under 10 CFR 150.20
Report No.: 150-00046/2020-001
Licensee: Hart Crowser, Inc.
Tacoma, Washington
Location Inspected: In-office review
Inspection Dates: In-office review November 19, 2020 through
January 5, 2021
Exit Meeting Date: February 2, 2021
Inspector: Latischa M. Hanson, Health Physicist
Materials Licensing and Decommissioning Branch
Division of Nuclear Materials Safety
Approved by: Heather J. Gepford, Ph.D., CHP, Chief
Materials Licensing and Decommissioning Branch
Division of Nuclear Materials Safety
Attachment: Supplemental Inspection Information
Enclosure
EXECUTIVE SUMMARY
Hart Crowser, Inc.
NRC Inspection Report 150-00046/2020-001
Program Overview
Hart Crowser, Inc. (licensee) is authorized under the State of Washington Radioactive Materials
License WN-I0149-1 to possess and use byproduct material, including cesium-137 and
americium-241/beryllium, for portable gauge operations. As of November 20, 2020, Hart
Crowser, Inc. was authorized to perform these same licensed activities at temporary job sites in
NRC jurisdiction under a general license pursuant to 10 CFR 150.20. (Section 1)
NRC In-Office Review Summary
One apparent violation was identified involving the licensees failure to file an initial NRC
Form 241, and pay the required reciprocity fee, prior to performing licensed activities in areas
of exclusive federal jurisdiction for calendar year 2020. This apparent violation was identified
when the licensee submitted an initial notification of planned work activities to be performed in
NRC jurisdiction. The NRC staff determined that Hart Crowser, Inc. had not submitted an initial
NRC Form 241, nor had the licensee paid the fee, prior to conducting work in Federal
jurisdiction on August 14, 2020. (Section 2)
Corrective Actions
The licensees immediate corrective action was to submit the appropriate information and
required reciprocity fee to the NRC on November 19, 2020. The NRC subsequently granted the
reciprocity request in a letter dated November 23, 2020. At the conclusion of the in-office
review, the licensees long-term corrective actions were still under development and will be
reviewed by the NRC at a later date. (Section 3)
2
REPORT DETAILS
1 Program Overview
1.1. Program Scope
Hart Crowser, Inc. (licensee) is authorized under the State of Washington Radioactive
Materials License WN-I0149-1 to possess and use byproduct material, including
cesium-137 and americium-241/beryllium, for portable gauge operations at temporary
job sites in the State of California.
Following receipt of the licensees initial NRC Form 241 and reciprocity fee in the NRC
Region IV office on November 19, 2020, the licensee was authorized to perform portable
gauge operations at temporary job sites under a general license pursuant to
10 CFR 150.20, Recognition of Agreement State Licenses.
1.2. Observations and Findings
Following review of the reciprocity information submitted by the licensee and researching
the local database of initial NRC Form 241 requests/approvals, the NRC license
reviewer determined that the licensee had not submitted an initial NRC Form 241, nor
had the licensee paid the fee, for the work to be performed in calendar year (CY) 2020.
2 Findings
2.1 In-Office Review Scope
On November 19, 2020, Hart Crowser, Inc. a State of Washington licensee, filed an
NRC Form 241 describing an initial notification of planned work activities. Specifically,
portable gauge operations were performed in areas of exclusive Federal jurisdiction at
McChord Field, located at Joint Base Lewis-McChord, Washington, from August 14,
2020, through November 18, 2020. A Region IV license reviewer conducted document
reviews and conducted interviews with licensee personnel to establish whether
reciprocity could be granted.
Upon reviewing the information submitted by the licensee and researching the local
database of initial NRC Form 241 requests/approvals, the license reviewer determined
that the licensee had not submitted an initial NRC Form 241, nor had the licensee paid
the fee, for the work to be performed in CY 2020. Since work was performed in areas of
exclusive Federal jurisdiction beginning on August 14, 2020, the licensee was required
to provide this information to the NRC by August 11, 2020.
2.2 Observation and Findings
Title 10 CFR 150.20(a)(1) requires, in part, that any person who holds a specific license
from an Agreement State is granted a general license to conduct the same activity in
areas of exclusive Federal jurisdiction is subject to the provisions of 10 CFR 150.20(b).
Title 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in
areas of exclusive Federal jurisdiction shall, at least 3 days before engaging in each
activity for the first time in a calendar year, file a submittal containing an NRC Form 241,
3
Report of Proposed Activities in Non-Agreement States, a copy of its Agreement State
specific license, and the appropriate fee with the Regional Administrator of the
appropriate NRC regional office.
Contrary to the above, from August 14, 2020, through November 18, 2020, Hart
Crowser, a licensee of the State of Washington, engaged in activities in exclusive
Federal jurisdiction without filing a submittal containing an NRC Form 241, Report of
Proposed Activities in Non-Agreement States, a copy of its Agreement State specific
license, and the appropriate fee with the Regional Administrator of the NRC Regional
Office at least 3 days before engaging in each activity for the first time in a calendar
year. Specifically, Hart Crowser, Inc. performed licensed activities on 73 days at Joint
Base Lewis-McChord, Washington, beginning on August 14, 2020, but did not submit an
NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee
until November 19, 2020. Since work was performed in areas of exclusive Federal
jurisdiction beginning on August 14, 2020, the licensee was required to provide this
information to the NRC by August 11, 2020.
2.3 Conclusions
The NRC identified an apparent violation involving the licensees failure to file an initial
NRC Form 241, to provide a copy of the Agreement State specific license, and pay the
reciprocity fee, prior to engaging in licensed activities in Federal jurisdiction beginning
on August 14, 2020, as required by 10 CFR 150.20(b)(1). (AV 150-00046/2020-001-01)
3 Corrective Actions
The radiation safety officer for the licensee stated that the majority of their construction
inspection work in the past 20 years had been on non-Federal lands. The use of the
nuclear gauge on Federal land without filing for reciprocity was done in error because
they failed to recognize the need to file for reciprocity.
The licensees immediate corrective action was to submit the appropriate information
and required reciprocity fee to the NRC on November 19, 2020. The NRC subsequently
granted the reciprocity request in a letter dated November 23, 2020. At the conclusion
of the in-office review, the licensees long-term corrective actions were still under
development and will be reviewed by the NRC at a later date.
4 Exit Meeting Summary
The license reviewer presented the preliminary findings at the commencement of the
in-office review on November 20, 2020, with Paul H. Kastens, Laboratory
Manager/Radiation Safety Officer. On February 2, 2021, a final telephonic exit meeting
was conducted with David G. Winter, President/CEO and Paul H. Kastens, Laboratory
Manager/Radiation Safety Officer. The licensee acknowledged the findings and did not
dispute any of the details presented during the exit call.
4
SUPPLEMENTAL INSPECTION INFORMATION
PARTIAL LIST OF PERSONS CONTACTED
Paul H. Kastens, Laboratory Manager/Radiation Safety Officer
David G. Winter, President/CEO
INSPECTION PROCEDURES USED
87124 Fixed and Portable Gauge Programs
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
150-00046/2020-001-01 AV Failure to file an initial NRC Form 241 prior to
engaging in licensed activities in exclusive Federal
jurisdiction
Closed
None
Discussed
None
Attachment