ML24193A147
| ML24193A147 | |
| Person / Time | |
|---|---|
| Issue date: | 07/19/2024 |
| From: | David Pelton NRC/OE |
| To: | Deible C Schlumberger Technology Corp |
| Jones D | |
| References | |
| EA-23-151 | |
| Download: ML24193A147 (5) | |
Text
EA-23-151 Mr. Charles Deible Schlumberger Technology Corporation 300 Schlumberger Drive, MD-121 Sugar Land, TX 77478
SUBJECT:
SCHLUMBERGER TECHNOLOGY CORPORATION - NOTICE OF VIOLATION AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Mr. Deible:
This letter refers to the U.S. Nuclear Regulatory Commissions (NRC) review of records conducted from December 14, 2020 to January 4, 2024, related to Schlumberger Technology Corporations (STC) export of Category 2 quantities of americium-241/Be (Am-241/Be), and cesium-137 (Cs-137) to The Bahamas; and STCs two imports of Category 2 quantities of Am-241/Be and Cs-137 from Turkmenistan. A final telephonic exit meeting was conducted with Ms.
Laura Wilcox on February 21, 2024, to discuss the results of this review. Details of the review were provided to you in an NRC letter dated March 18, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24059A195).
In the NRC letter (March 18, 2024), we provided you with the opportunity to address two apparent violations by either attending a predecisional enforcement conference, or by providing a written response before we made our final enforcement decision. In a letter dated May 17, 2024 (ADAMS No. ML24178A268), you provided your written response to the apparent violations.
Based on the information developed during our review of records and of the information you provided in your May 17, 2024, written response, the NRC has determined that two violations of NRC requirements occurred. The violations are cited in the enclosed Notice of Violation (Notice).
The first violation occurred on December 14, 2020, when STC exported Category 2 quantities of radioactive material to The Bahamas without obtaining a specific license. STC personnel inadvertently aggregated two Category 3 sealed sources (Am-241/Be) into one shipment which exceeded the quantities listed in Table 1 of Appendix P to Part 110. As a result, STC failed to comply with 10 CFR 110.23(a)(3) which only allows shipments under a general license if the quantities in Table 1 are not exceeded. This non-compliance circumvented NRCs regulatory oversight process.
STC self-identified and reported the violation to the NRC on March 2, 2021 (ADAMS No.
ML24191A001). The staff noted that STC informed the NRC of the violation in a timely manner and implemented appropriate corrective actions in 2021. This violation is normally categorized in accordance with the NRC Enforcement Policy at Severity Level III; however, I am exercising discretion in accordance with Section 3.5, Violations Involving Special Circumstances, of the July 19, 2024
C. Deible 2
Enforcement Policy to mitigate the significance of this violation to Severity Level IV (SL IV) (see enclosure). Consistent with Section 3.5 of the Policy, enforcement discretion is being exercised in consideration of the prompt actions taken by the licensee to identify the violations and notify the NRC, the licensees past performance, and the NRCs delay in dispositioning the violations.
The second violation involved STCs failure to submit advanced notifications for two imported shipments of Category 2 quantities of radioactive material that were received on December 4, 2023. This violation has been categorized in accordance with the NRC Enforcement Policy as SL IV.
For both violations, the NRC has concluded that information regarding: (1) the reason for the violations; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance was achieved is already adequately addressed on the docket in your letters dated March 2, 2021 (ADAMS No. ML24191A001) and May 17, 2024 (ADAMS No.
Should you have any questions, please contact Mr. Peter Habighorst at 301-287-9241 or Andrea Jones at 404-997-4443.
Sincerely, David L. Pelton, Director Office of Enforcement
Enclosure:
Notice of Violation Signed by Pelton, David on 07/19/24
ML24193A147 via eConcurrence 20240711-70006 OFFICE EB/OE OIP/ECNP BC/OIP/ECNP DD/OIP NAME DJones AJones PHabighorst SAtack DATE 07/11/24 7/16/24 7/16/24 7/16/24 OFFICE EB/OE EB/OE OD/OE NAME DJones JPeralta DPelton DATE 7/16/24 7/16/24 7/19/24
NOTICE OF VIOLATION Schlumberger Technology Corporation EA-23-151 Sugar Land, TX During a U.S. Nuclear Regulatory Commission (NRC) in-office review of records that was completed in March 2024, two violations of NRC requirements were identified. In accordance with the NRC Enforcement Policy, the violations are listed below:
Violation A.
10 CFR 110.5a states, in part, that except as provided under subpart B of this part, no person may export any nuclear equipment or material listed in 110.8 and 110.9 or import any nuclear equipment or material listed in 110.9a, unless authorized by a general or specific license issued under this part.
10 CFR 110.50(c)(3)(i)(H) states, in part, that advanced notifications for exports must contain a copy of the foreign recipient's authorization or confirmation of that authorization from the government of the importing country as required by 110.32(g) unless the authorization has already been provided to the NRC.
10 CFR 110.32(g)(2) states, that for proposed exports of Category 2 quantities of material listed in Table 1 of Appendix P to this part, pertinent documentation that the recipient of the material has the necessary authorization under the laws and regulations of the importing country to receive and possess the material. This documentation must be provided to the NRC at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> prior to the shipment.
10 CFR 110.32(g)(3) states, in part, that pertinent documentation shall consist of a copy of the recipients authorization to receive and possess the material to be exported or a confirmation from the government of the importing country that the recipient is so authorized.
10 CFR 110.23(a)(3) states, in part, for byproduct material listed in Table 1 of Appendix P must be less than Category 2 for a general export license.
Contrary to the above, On December 14, 2020, STC failed to apply for and possess a specific NRC export license authorizing the export of Category 2 quantities of radioactive material to The Bahamas. STC also failed to provide pertinent documentation that the recipient of the material has the necessary authorization under the laws and regulations of the importing country to receive and possess the material. Additionally, STC failed to provide the advanced notification and documentation at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> to the NRC prior to shipment.
This is a Severity Level IV violation (NRC Enforcement Policy, Section 6.15)
Violation B.
Section 110.50(c)(4) of 10 CFR states, in part, that import notifications must be received by the NRC at least 7 days in advance of each shipment.
Contrary to the above, Schlumberger Technology Corporation (STC) failed to provide notifications 7 days in advance for two shipments. Specifically, on December 4, 2023, STC imported two shipments from Turkmenistan, without providing an advanced notification of at least 7 days. The first shipment contained 0.126 TBq of Cs-137 and 0.6475 TBq of Am-241/Be, and the second contained 1.184 TBq of Am-241/Be and 0.189 TBq of Cs-137.
This is a Severity Level IV violation (NRC Enforcement Policy, Section 6.15)
The NRC has concluded that information regarding the reason for the two violations, the corrective actions that have been taken to correct the violations and prevent recurrence is already adequately addressed on the docket in your letters dated March 2, 2021 (ADAMS No.
ML24191A001) and May 17, 2024 (ADAMS No. ML24178A268).
Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation, EA-23-151," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Director, Office of International Programs, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.]In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days of receipt.
Dated this 19th day of July, 2024