ML22040A362
| ML22040A362 | |
| Person / Time | |
|---|---|
| Site: | 15000035 |
| Issue date: | 02/15/2022 |
| From: | Mary Muessle Division of Nuclear Materials Safety IV |
| To: | Busby S Advanced Inspection Technologies |
| Kramer J | |
| References | |
| 4-2021-005, EA-21-129 IR 2020002 | |
| Download: ML22040A362 (8) | |
See also: IR 015000035/2020002
Text
February 15, 2022
Ms. Sharon Busby
President
Advanced Inspection Technologies, Inc.
3820 Charles Page Blvd.
Tulsa, OK 74127
SUBJECT: NRC INSPECTION REPORT 150-00035/2020-002 AND INVESTIGATION
REPORT 4-2021-005
Dear Ms. Busby:
This letter refers to the investigation completed on August 30, 2021, by the U.S. Nuclear
Regulatory Commission (NRC) Office of Investigations at Advanced Inspection Technologies,
Inc., (AIT or licensee) in Tulsa, Oklahoma. The investigation was conducted to determine
whether licensee employees willfully conducted licensed activities in NRC jurisdiction without
filing for reciprocity. The NRCs investigation results were discussed with you during a
telephone conversation on February 2, 2022. A factual summary of the investigation is provided
as Enclosure 1.
Based on the information acquired during the investigation and in-office review by the
inspection staff, two apparent violations 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 apparent violations involve the failure to:
(A) file a submittal containing an NRC Form 241, a copy of its Agreement State specific license,
and the appropriate fee with the Regional Administrator of the appropriate NRC regional office
at least 3 days before engaging in each activity in a Non-Agreement State; and (B) ensure that
information provided to the Commission by a licensee is complete and accurate in all material
respects. The apparent violations are documented in Enclosure 2.
Before the NRC makes its enforcement decision, we are providing you an opportunity to:
(1) respond 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) mediation. If a PEC is held, the PEC will be closed to
public observation since information related to an Office of Investigations report will be
discussed and the report has not been made public. If you decide to participate in a PEC or
pursue ADR, please contact Mr. Roberto Torres at 817-200-1189 or via email at
RobertoJ.Torres@nrc.gov 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.
If you choose to provide a written response, it should be clearly marked as a Response to
Apparent Violations, NRC Inspection Report 150-00035/2020-002; EA-21-129 and should
S. Busby
2
include for each 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. Your
response should be sent to the Director, Division of Nuclear Materials Safety, NRC Region IV,
1600 E. Lamar Blvd. Arlington, Texas, 76011-4511 and emailed to R4Enforcement@nrc.gov. If
an adequate response is not received within 30 days of the date of this letter 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 using Agencywide Documents Access and
Management System (ADAMS) Accession No. ML061240509.
In lieu of a PEC or written response, you may request ADR with the NRC in an attempt to
resolve this issue. Alternative dispute resolution 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 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 ADR program can be obtained at
http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html as well as NRC brochure
NUREG/BR-0317, Enforcement Alternative Dispute Resolution Program Revision 2, ADAMS
Accession No. ML18122A101. The Institute on Conflict Resolution at Cornell University has
agreed to facilitate the NRCs program as a neutral third party. Please contact the Institute on
Conflict Resolution 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 Enclosure 2 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.
S. Busby
3
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a
copy of this letter and its enclosures will be made available electronically for public inspection in
the NRC Public Document Room and 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, you should be aware that all final NRC
documents, including the final Office of Investigations report, are official agency records and
may be made available to the public under the Freedom of Information Act and subject to
redaction of certain information in accordance with the Freedom of Information Act. 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 Mr. Roberto Torres of my staff
at 817-200-1189.
Sincerely,
Mary C. Muessle, Director
Division of Nuclear Materials Safety
Docket: 150-00035
License: Oklahoma OK-27588-02
Enclosures:
1.
Factual Summary
2.
Supplemental Information
w/attachment
cc w/Enclosures:
Michael Broderick
Environmental Program Manager II
Radiation Management Section
Oklahoma Environmental Agency
Signed by Muessle, Mary
on 02/15/22
SUNSI Review:
ADAMS:
Non-Publicly Available
Non-Sensitive
Keyword:
By: JEV
Yes No
Publicly Available
Sensitive
OFFICE
DNMS:C:MIB
RIV:ACES
RC
NAME
RTorres
JGroom
DCylkowski
SWoods
MBurgess
SIGNATURE
/RA/ E
/RA/ E
/RA/ E
/RA/ E
/RA/ E
DATE
12/14/2021
12/21/2021
12/21/2021
01/19/22
01/19/22
OFFICE
D:DNMS
NAME
RAugustus
MCMuessle
SIGNATURE
/NLO/ E
DATE
02/08/22
02/15/22
Enclosure 1
FACTUAL SUMMARY
NRC INVESTIGATION REPORT 4-2021-005
On November 20, 2020, the U.S. Nuclear Regulatory Commission (NRC), Office of
Investigations (OI), Region IV, initiated an investigation to determine if an official at Advanced
Inspection Technologies, Inc. (AIT or licensee) in Tulsa, Oklahoma willfully conducted licensed
activities in NRC jurisdiction without filing for reciprocity. The investigation was completed on
August 30, 2021.
The official indicated that they knew it was wrong for AIT to work in Missouri without filing for
reciprocity and decided to proceed because AIT was desperate for the income. Specifically, the
official indicated that they knew it was wrong when they made the decision and that proceeding
to work in Missouri without first completing the appropriate filing was contrary to the NRC
reciprocity requirement. The official also identified that AIT did not have a lot of work in Tulsa,
and they were trying to keep the company going. Further, the official stated that they were going
to accept that they were wrong to go ahead and work in Missouri at the time.
Based on the evidence developed during the investigation, it appears that the official
deliberately conducted licensed activities in NRC jurisdiction without filing for reciprocity. This
appears to have caused the licensee to be in violation of 10 CFR 150.20(b)(1).
Additionally, the investigative record included evidence that the official (licensee) submitted
information to the Commission that was not complete and accurate in all material respects.
Specifically, on October 14, 2020, the official signed and filed an NRC Form 241 which stated
that AIT conducted licensed activities in NRC jurisdiction (Missouri) on September 14, 16, 23,
and October 1, 10, 12, 2020. On February 12, 2021, the official sent an email to NRC staff
stating that additional dates were identified on which AIT performed work in Missouri. Further,
the official also confirmed on March 2, 2021, that more dates were identified than they
previously indicated on AITs submitted NRC Form 241. In addition to the dates stated on the
NRC Form 241, AITs utilization log specifies 14 more dates (April 1, June 4, July 12, 14, 17, 23,
29, August 5, 12, 16, 20, 27, and September 2, 9, 2020), that AIT performed radiography work
in Missouri.
Based on the evidence developed during the investigation, it appears that the licensee
submitted an NRC Form 241 to the Commission that was not complete and accurate in all
material respects in violation of 10 CFR 30.9(a).
Enclosure 2
U.S. NUCLEAR REGULATORY COMMISSION
REGION IV
Docket:
150-00035
License:
Oklahoma (Agreement State) OK-27588-02
Report:
150-00035/2020-002
EA No:
Licensee:
Advanced Inspection Technologies, Inc.
Exit Meeting Date:
February 2, 2022
Regional Contact:
Casey Alldredge, Health Physicist
Materials Licensing & Decommissioning Branch
Division of Nuclear Materials Safety, Region IV
Latischa Hanson, Senior Health Physicist
Materials Licensing & Decommissioning Branch
Division of Nuclear Materials Safety, Region IV
Approved By:
Roberto Torres, Acting Chief
Materials Licensing & Decommissioning Branch
Division of Nuclear Materials Safety, Region IV
Attachment:
Additional Information
2
APPARENT VIOLATIONS
Based on the results of an NRC investigation completed on August 30, 2021, two apparent
violations of NRC requirements were identified. The apparent violations are listed below:
A. 10 CFR 150.20(a)(1) states, 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
Non-Agreement States subject to the provisions of 10 CFR 150.20(b).
10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in a
Non-Agreement State 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, 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, between April 1 and October 12, 2020, Advanced Inspection
Technologies, Inc., a licensee of the state of Oklahoma, engaged in licensed activities in
a Non-Agreement State without filing a submittal containing an NRC Form 241, a copy of
its Agreement State specific license, and the appropriate fee with the Regional
Administrator of the appropriate NRC regional office at least 3 days before engaging in
each activity. Specifically, Advanced Inspection Technologies Inc., performed
radiography for 20 days (April 1, June 4, July 12, 14, 17, 23, 29, August 5, 12, 16, 20,
27, September 2, 9, 14, 16, 23, and October 1, 10, 12, 2020) in Joplin, Missouri, but did
not request reciprocity until October 14, 2020. Since the work was performed in a
Non-Agreement State beginning on April 1, 2020, Advanced Inspection Technologies,
Inc., was required to provide this information to the NRC by March 29, 2020.
(150-00035/2020-002-01)
B. 10 CFR 30.9(a) requires, in part, that information provided to the Commission by a
licensee shall be complete and accurate in all material respects.
Contrary to the above, on October 14, 2020, Advanced Inspection Technologies, Inc., a
licensee of the state of Oklahoma, provided information to the Commission that was not
complete and accurate in all material respects. Specifically, Advanced Inspection
Technologies, Inc. submitted an NRC Form 241 that failed to include 14 dates (April 1,
June 4, July 12, 14, 17, 23, 29, August 5, 12, 16, 20, 27, and September 2, 9, 2020) on
which the company had already performed radiography in Joplin, Missouri. This
information is material to the NRC because it is used to determine inspections of the
licensees radiography performed in a Non-Agreement State. (150-00035/2020-002-02)
Attachment
Additional Information
PARTIAL LIST OF PERSONS CONTACTED
Sharon Busby, President, Advanced Inspection Technologies, Inc.
INSPECTION PROCEDURES USED
N/A - NRC Investigation Only
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
150-00035/2020-002-01
Failure to file for reciprocity three days prior to engaging
in activities in federal jurisdiction. (10 CFR 150.20(b)(1))
150-00035/2020-002-02
Failure to provide information that was complete
and accurate in all material respects. (10 CFR 30.9(a))
Closed
None.
Discussed
None.