ML21266A012
| ML21266A012 | |
| Person / Time | |
|---|---|
| Site: | 03011772 |
| Issue date: | 10/04/2021 |
| From: | David Pelton NRC/RGN-III/DNMS/MIB |
| To: | Rogers T JAN X-ray Services |
| Craffey R | |
| References | |
| EA-21-122 IR 2021001 | |
| Download: ML21266A012 (9) | |
See also: IR 07200202/2010001
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Enclosure 2 contains Sensitive
Unclassified Non-Safeguards Information.
When separated from this Enclosure, this
transmittal letter and Enclosure 1 is
decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
.
Mr. Travis Rogers
President
JAN X-Ray Services, Inc.
8550 E. Michigan Ave.
Parma, MI 49269
SUBJECT: NRC REACTIVE AND ROUTINE INSPECTION REPORT
NO. 03011772/2021001(DNMS) - JAN X-RAY SERVICES, INC.
Dear Mr. Rogers:
On June 17 to July 15, 2021, an inspector from the U.S. Nuclear Regulatory Commission (NRC)
conducted reactive and routine inspections at your office in Parma, Michigan and at temporary
job sites in Milford, Olivet, and Woodhaven, Michigan, following a field inspection on June 17,
2021, at a temporary job site in Ypsilanti Township, Michigan. The purpose of the reactive
inspection was to review the circumstances surrounding a problem identified by the NRC
inspector with the control of radioactive material at the temporary job site on June 17. The
purpose of the routine inspection was to review activities performed under your NRC license to
ensure that activities were being performed in accordance with NRC requirements. The
enclosed inspection report presents the results of the inspections.
During these inspections, the NRC staff examined activities conducted under your license
related to public health and safety. Additionally, the staff examined your compliance with the
Commissions rules and regulations as well as the conditions of your license. Within these
areas, the inspections consisted of selected examination of procedures and representative
records, tours of facilities, demonstrations of activities, and interviews with personnel.
Based on the results of these inspections, apparent violations of NRC requirements were
identified and are 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 violations were of a
security-related nature. Details of the violations, as well as the corrective actions that have
since been taken to restore compliance with regulatory requirements, are discussed in
Enclosure 2.
October 4, 2021
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
T. Rogers
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Because the NRC has not made a final determination in this matter, the NRC is not issuing a
Notice of Violation for these inspection findings at this time. Mr. Ryan Craffey of my staff
discussed the circumstances surrounding these apparent violations, the significance of the
issues, and the need for lasting and effective corrective action - including those that address
the potential for recurrence of similar violations in other field conditions - with you at the
inspection exit meeting on September 7, 2021.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either:
(1) respond in writing to the apparent violations addressed in this inspection report within
30 days of the date of this letter, (2) request a Predecisional Enforcement Conference (PEC), or
(3) request Alternative Dispute Resolution (ADR). Please contact Mike Kunowski, Chief of
the Materials Inspection Branch, at 630-829-9618 or Michael.Kunowski@nrc.gov within
ten days of the date of this letter to notify the NRC of your intended response.
If you choose to provide a written response, it should be clearly marked as Response to the
Apparent Violations in Inspection Report No. 03011772/2021001(DNMS); EA-21-122, and
should include, for the apparent violations: (1) the reason for the apparent violations, or, if
contested, the basis for disputing the apparent violations; (2) the corrective steps that have
been taken and the results achieved; (3) the corrective steps that will be taken to avoid further
violations; and (4) the date when full compliance was or will be achieved. In presenting your
corrective actions, 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 useful in preparing your response. You can find
the information notice on the NRC website at: http://www.nrc.gov/reading-rm/doc-
collections/gen-comm/info-notices/1996/in96028.html. Your response may reference or include
previously docketed correspondence, if the correspondence adequately addresses the required
response. Your response should be sent to the NRCs Document Control Desk, Washington,
DC 20555-0001, with a copy mailed to the NRC Region III Office, 2443 Warrenville Road,
Suite 210, Lisle, Illinois 60532, 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, it will afford you the opportunity to provide your perspective on
the apparent violations and any other information that you believe the NRC should take into
consideration before making an enforcement decision. The topics discussed during the PEC
may include the following: 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 to be taken.
In lieu of a PEC, you may also request ADR with the NRC in an attempt to resolve this matter.
ADR is a general term encompassing various techniques for resolving conflicts using a neutral
third party. 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 NRC's program can be obtained at http://www.nrc.gov/about-
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
T. Rogers
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OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
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 the 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.
In accordance with the NRCs Rules of Practice in 10 CFR 2.390, a copy of this letter and
Enclosure 1 will be made available electronically for public inspection in the NRCs Public
Document Room or from the NRCs Agencywide Documents Access and Management
System (ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-
rm/adams.html. However, Enclosure 2 and your written response, if you choose to provide one,
will not be made available electronically for public inspection because of the security-related
information that is or would be contained in each.
Please feel free to contact Mr. Craffey of my staff if you have any questions regarding this
inspection. Mr. Craffey can be reached at 630-829-9655 or Ryan.Craffey@nrc.gov.
Sincerely,
David L. Pelton, Director
Division of Nuclear Materials Safety
Docket No. 030-11772
License No. 21-16560-01
Enclosure:
1. IR 03011772/2021001(DNMS) (publicly
available)
2. Security Addendum (non-public)
cc w/encl 1: State of Michigan
Signed by Pelton, David
on 10/04/21
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
T. Rogers
4
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Letter to Travis Rogers from David Pelton, dated October 4, 2021.
SUBJECT: NRC INSPECTION REPORT NO. 03011772/2021001(DNMS) - JAN X-RAY
SERVICES, INC.
DISTRIBUTION w/encl:
MIB Inspectors
ADAMS Accession Number: ML21266A012
OFFICE
RIII-DNMS
C RIII-DNMS
C
RIII-EICS
C
RIII-DNMS
C
NAME
RCraffey:brt
MKunowski
JCameron
DPelton
DATE
09/23/21
09/23/21
09/23/21
10/4/21
OFFICIAL RECORD COPY
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
Enclosure 1
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
U.S. Nuclear Regulatory Commission
Region III
Docket No.
030-11772
License No.
21-16560-01
Report No.
03011772/2021001(DNMS)
EA No.
Licensee:
JAN X-Ray Services, Inc.
Facility:
8550 E. Michigan Ave.
Parma, MI
Temporary job sites in Ypsilanti Township, Milford,
Olivet, and Woodhaven, MI
Inspection Dates:
June 17 -- July 15, 2021
Exit Meeting Date:
September 7, 2021
Inspector:
Ryan Craffey, Health Physicist
Approved By:
Mike Kunowski, Chief
Materials Inspection Branch
Division of Nuclear Materials Safety
Enclosure 2 contains Sensitive
Unclassified Non-Safeguards Information.
When separated from this Enclosure,
Enclosure 1 is decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
EXECUTIVE SUMMARY
JAN X-Ray Services, Inc.
NRC Inspection Report 03011772/2021001(DNMS)
A reactive inspection was performed following the identification by an NRC inspector of a
problem with the control of radioactive material at a temporary job site in Ypsilanti Township,
Michigan, on June 17, 2021. A routine inspection was conducted concurrently with the reactive
inspection. JAN X-Ray Services, Inc. is a non-destructive testing company authorized by U.S.
Nuclear Regulatory Commission (NRC) Materials License No. 21-16560-01 to possess and use
radioactive material for industrial radiography in NRC jurisdiction. These inspections included a
review of the continued implementation of the licensees radiation safety and security programs
at its main office in Parma, Michigan, as well as additional observations at temporary job sites in
Milford, Olivet, and Woodhaven, Michigan.
As a result of these inspections, the NRC determined that apparent violations of NRC security
requirements occurred. The circumstances of these violations, as well as corrective actions that
the licensee has since taken to restore compliance with regulatory requirements and to address
the potential for recurrence of similar violations, are discussed in the non-public Security
Addendum to this inspection report.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
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REPORT DETAILS
1
Program Overview and Inspection History
JAN X-Ray Services, Inc. (the licensee) was authorized by NRC Materials License
No. 21-16560-01 to use byproduct and source material for industrial radiographic
operations. The licensee was specifically authorized to use sealed sources of byproduct
material (iridium-192, cobalt-60, selenium-75, and cesium-137) in a variety of
radiographic exposure devices, survey instrument calibrators, and x-ray crawler
controllers, and to use source material (depleted uranium) for shielding. The licensees
RSO was assisted in his oversight of the program by radiation safety staff at the
licensees main office in Parma.
The NRC last inspected the licensees radiation safety program in September 2020.
This inspection also included observations of licensed activities at temporary job sites in
Hemlock and Chesterfield, Michigan. One non-cited violation (NCV) was noted involving
the isolated and self-identified failure to wear a personnel dosimeter during radiographic
operations, as required by Title 10 of the Code of Federal Regulations (CFR)
Paragraph 34.47(a).
The NRC previously inspected the licensees radiation safety program in January 2019.
This inspection included observations of licensed activities at temporary job sites in East
Lansing and Sanford, Michigan. One violation of a security-related nature was cited.
The inspection cycle was completed shortly thereafter in April 2019 with observations at
a temporary job site in Kalamazoo, Michigan, with no additional violations noted.
2
Radiation Safety Program
2.1
Inspection Scope
On July 13 and 15, 2021, the inspector visited the licensees main office in Parma,
Michigan to review the implementation of its radiation safety program. The inspector
toured the facility, observed activities, conducted interviews, and reviewed a selection of
records.
2.2
Observations and Findings
The inspector toured the facility and confirmed that all licensed material was adequately
secured inside restricted areas that were adequately posted. Independent
measurements of radiation exposure in unrestricted areas of the facility were well below
regulatory limits to members of the public. The inspector evaluated a selection of
available radiography equipment and found it to be operable and in good condition.
Survey meters and direct reading dosimeters were properly calibrated, and radiography
cameras were properly labeled.
While at the main office, the inspector observed the receipt of packages containing
licensed material and demonstrations of material accountability practices including
periodic inventories. The inspector interviewed the licensees RSO and radiation safety
staff and found them to be knowledgeable of radiation safety principles, licensee
procedures, and regulatory requirements.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
The inspector also reviewed a selection of records, including camera maintenance and
leak test records, quarterly inventories, program audits, radiographer field audits,
refresher training materials, personnel dosimetry reports, which recorded maximum
occupational whole-body doses for staff in NRC jurisdiction of 1,828 millirem (mrem)
in 2020, and 642 millirem in 2021 through May 31.
2.3
Conclusions
The inspector had no findings with respect to the licensees implementation of the
radiation safety program.
3
Field Observations
3.1
Inspection Scope
On June 17, 2021, the inspector visited a temporary job site in Michigan to observe and
evaluate the conduct of radiographic operations by licensee personnel. On July 14
and 15, 2021, the inspector visited three additional temporary job sites in Michigan.
3.2
Observations and Findings
On June 17, the inspector drove past a road construction project near the intersection of
Interstate 94 and US-12 in Ypsilanti Township and noticed two radiography rigs parked
on site. Both belonged to the licensee. The inspector observed the conduct of
radiographic operations before announcing his presence. During these observations,
the inspector identified apparent violations of a security-related nature. The licensees
personnel took immediate action to correct the violations, details of which are discussed
further in the non-public Security Addendum to this report.
On July 14 and 15, the inspector also observed the conduct of numerous radiographic
exposures at three temporary job sites in Michigan: one at a natural gas compressor
station in Milford, one at a natural gas compressor station in a rural area outside Olivet,
and one at the Buckeye Terminal in Woodhaven. At each of these job sites, licensee
personnel maintained full compliance with NRC security requirements.
At all job sites (including Ypsilanti Township), licensee personnel had established
restricted areas that appeared adequate to ensure compliance with public dose limits,
based on independent and confirmatory measurements. All personnel used calibrated
and operable dosimetry and instrumentation during the conduct of radiographic
operations and, based on interviews, appeared knowledgeable of radiation protection
principles, licensee procedures, and regulatory requirements. The inspector also
reviewed a selection of records kept in the field, including utilization logs, shipping
papers, operating and emergency procedures, and radiographer certifications.
3.3
Conclusions
The inspector identified apparent violations of a security related nature at the job site in
Ypsilanti Township.
4
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4
Exit Meeting Summary
The NRC inspector presented preliminary inspection findings following the onsite and
in-office inspections on September 7, 2021. The licensee did not identify any documents
or processes reviewed by the inspector as proprietary. The licensee acknowledged the
findings presented.
LIST OF PERSONNEL CONTACTED
Dolores Gonzalez - Radiation Safety Specialist
Kyle Keena - Senior Operations Supervisor
Travis Rogers - President, Radiation Safety Officer
Angela Swinford - Radiation Safety Specialist
Tim Blue - Radiographer
Josh Buter - Radiographer
Troy Fairchild - Radiographer
Ralph Frushour - Radiographer
Scotty Hayes - Radiographer
Eli Lewis - Radiographer
Jake Moffat - Radiographer
Mike OBrien - Radiographer
Jim Watkins - Radiographer
Attended exit meeting on September 7, 2021
INSPECTION PROCEDURES USED
87121 - Industrial Radiography Programs
- END -