ML24172A032
| ML24172A032 | |
| Person / Time | |
|---|---|
| Site: | 03012771 |
| Issue date: | 06/28/2024 |
| From: | Monica Ford Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Bright A US Dept of Homeland Security, Office of Human Resources Management |
| References | |
| IR 2023001 | |
| Download: ML24172A032 (1) | |
See also: IR 07100202/2030001
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION I
475 ALLENDALE ROAD - SUITE 102
KING OF PRUSSIA, PA 19406-1415
June 28, 2024
Andrea Bright, Assistant Commissioner
U.S. Customs and Border Protection
Department of Homeland Security
Office of Human Resources Management
1400 L Street, N. W.
Washington, DC 20229
SUBJECT:
U.S. CUSTOMS AND BORDER PROTECTION - NRC INSPECTION
NO. 030-12771/2023-001 AND NOTICE OF VIOLATION
Dear Andrea Bright:
This letter refers to the inspection conducted by Michael Reichard on February 14 through 17,
2023, in Rouses Point, NY, Champlain, NY, Alburgh Springs, VT, Highgate Springs, VT, Derbie
Line, VT, and Norton, VT; and April 10 through 14, 2023, in Baton Rouge, LA, New Orleans, LA,
Gramercy, LA, and Gulfport, LA. In-office review continued through June 7, 2024. This
inspection examined activities conducted under your license as they relate to public health and
safety, and to confirm compliance with the Commissions rules and regulations and with the
conditions of your license. Within these areas, the inspection consisted of selected examination
of procedures and representative records, observations of activities, and interviews with
personnel. The results of the inspection were discussed during an online meeting on June 25,
2024, with Mickey McKeighan, CBP OSH Director; Steven Tilden, CBP OSH Deputy Director;
Garth Spendiff, CBP OSH Associate Director; Mark Wolfmeyer, CBP OSH Safety Services
Branch Chief; Jason Hart, CBP OSH Acting RSO; and Shawn Cerda, CBP OSH Health
Physicist.
Based on the results of this inspection, the NRC has determined that a Severity Level IV
violation of NRC requirements occurred. The violation was evaluated in accordance with the
NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at
https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in
the enclosed Notice of Violation (Notice) because the violation was identified by the NRC.
The violation identified that some locations in New Youk and Vermont were not inspected
annually as required by the letter received December 14, 2017, listed as a commitment in
Condition 28.G. of the license. During the inspection, the RSO determined that some
inspections were not conducted due to Covid emergency constraints and staffing turnover. As of
April 11, 2023, CBP completed inspections of the missed sites in New York and Vermont.
However, CBPs corrective actions, required to be described in the response to the Notice of
Violation, should address your own review of all of the radioactive material permit holder
locations to determine if other radioactive material permit holder locations require an inspection
to bring them into full compliance.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notice when preparing your response. If you have additional information that you
A. Bright
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believe the NRC should consider, you may provide it in your response to the Notice. The NRC
review of your response to the Notice will also determine whether further enforcement action is
necessary to ensure compliance with regulatory requirements.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a
copy of this letter 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 NRC
document 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,
proprietary, or safeguards information so that it can be made available to the Public without
redaction.
If you have any questions regarding this matter, please contact me at (610) 337-5214 or via
electronic mail to Monica.Ford@nrc.gov.
Thank you for your cooperation.
Sincerely,
Monica Ford, Chief
Commercial, Industrial, R&D
and Academic Branch
Division of Radiological Safety and Security
Region I
Docket No. 030-12771
License No. 08-17447-01
Enclosure:
cc w/ enclosure
Mickey McKeighan, Director, HRM Occupational Safety and Health
Steven Tilden, CBP OSH Deputy Director
Garth Spendiff, CBP OSH Associate Director
Mark Wolfmeyer, CBP OSH Safety Services Branch Chief
Shawn Cerda, Radiation Safety Officer
Jason Hart, CBP OSH Acting RSO
District of Columbia
MONICA
FORD
Digitally signed by
Date: 2024.06.28
08:02:52 -04'00'
A. Bright
3
SUBJECT: U.S. CUSTOMS AND BORDER PROTECTION - NRC INSPECTION NO.
030-12771/2023-001 AND NOTICE OF VIOLATION DATED JUNE 28, 2024
DISTRIBUTION:
R1Enforcement
DOCUMENT NAME: [https://usnrc.sharepoint.com/teams/Region-I-CIRDA/Inspection Documentation/Issued
Inspection Documentation/L08-17447-01.2023-001.docx
ADAMS ACCESSION NO. ML24172A032
x
SUNSI Review
x
Non-Sensitive
Sensitive
x
Publicly Available
Non-Publicly Available
OFFICE
RI:DRSS
RI:DRSS
NAME
EUllrich
MFord
DATE
06/26/2024
06/28/2024
OFFICIAL RECORD COPY
Enclosure
Customs and Border Protection
Docket No. 030-12771
License No. 08-17447-01
During an NRC inspection conducted February 14, 2023, through June 7, 2023, one violation of
NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation
is listed below:
Condition 28 of NRC License No. 08-17447-01 requires, in part, that the licensee shall conduct
its program in accordance with statements, representations, and procedures contained in the
letter received December 14, 2017 (ML17362A185).
The letter received December 14, 2017, included CBP Directive No. 5290-01, Section 6.8
Inspections which requires in part, that the licensee conduct a comprehensive regulatory
compliance inspection for all large-scale NII systems and radioactive material permit holders at
least annually.
Contrary to the above, during the period of 2020-2023, the licensee did not conduct its program
in accordance with the procedure contained in the letter dated December 14, 2017. Specifically,
the licensee did not conduct regulatory compliance inspections for all radioactive material permit
holders at least annually. During inspections at New York and Vermont locations, many of the
inspection reports were not readily available, and only some of the missing inspection reports
were able to be provided by the Radiation Safety Officer, who explained that lapses occurred
during that time due to COVID emergency constraints and staffing turnover. Although regulatory
compliance inspections have been completed for those New York and Vermont locations since
the NRC site inspections in 2023, it is not known yet if the required regulatory compliance
inspections were performed annually for all radioactive permit holders at all sites where
radioactive materials permit holders are located.
This is a Severity Level IV violation (Enforcement Policy Section 6.3.
Pursuant to the provisions of 10 CFR 2.201, U.S. Customs and Border Protection is hereby
required to submit a written statement or explanation to the U.S. Nuclear Regulatory
Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the
Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Notice
of Violation (Notice). This reply should be clearly marked as a Reply to a Notice of Violation
and should include for each violation: (1) the reason for the violation, or, if contested, the basis
for disputing the violation, (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 will be achieved. Your response may reference or include previous
docketed correspondence, if the correspondence adequately addresses the required response.
If an adequate reply is not received within the time specified in this Notice, an order or a
Demand for Information may be issued as to why the license should not be modified,
suspended, or revoked, or why such other action as may be proper should not be taken. Where
good cause is shown, consideration will be given to extending the response time.
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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. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, any response
which contests an enforcement action shall be submitted under oath or affirmation.
Your response will be placed in the NRC Public Document Room (PDR) and on the NRC Web
site. To the extent possible, it should, therefore, not include any personal privacy, proprietary, or
safeguards information so that it can be made publicly available without redaction. However, if
you find it necessary to include such information, you should clearly indicate the specific
information that you desire not to be placed in the PDR and provide the legal basis to support
your request for withholding the information from the public.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working
days of receipt.
Dated This 28 day of June 2024