ML24290A082
| ML24290A082 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/2024 |
| From: | David Skeen NRC/OIP |
| To: | Carrell S PSI Wireline |
| References | |
| EA-24-042 | |
| Download: ML24290A082 (1) | |
Text
EA-24-042 Steve Carrell, President PSI Wireline 3524 Knickerbocker Rd.
Ste. C-304 San Angelo, TX 76904
SUBJECT:
PSI WIRELINE - U.S. NUCLEAR REGULATORY COMMISSION REVIEW RELATED TO EXPORTS OF BYPRODUCT MATERIAL AND APPARENT VIOLATION
Dear Steve Carrell:
This letter refers to the U.S. Nuclear Regulatory Commission (NRC) review of records conducted from May 2024 through July 2024. The review examined the export of radioactive material to the Democratic Republic of the Congo (DRC) without an export license and whether you were in compliance with the applicable requirements for exporting radioactive material. The NRC initiated its review after receiving written notification from Gammatron, Inc. advising the NRC of this export. On July 24, 2024, Ms. Andrea Jones of the NRC discussed the preliminary results of our review with you as documented in the attached enclosure.
Based on the results of this review, an 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 involves the export of two sealed sources each containing 2 curies (Ci) of cesium-137 and two sealed sources each containing 18 Ci of americium-241/beryllium (Am-241/Be) to the DRC without filing an application for a specific export license. This export was not authorized under an NRC general license as required by Title 10 of the Code of Federal Regulations (CFR), Part 110, Export of Nuclear Equipment and Material. The apparent failure to conduct activities in accordance with the provisions of licensing is significant because it impacts the NRCs ability to conduct regulatory oversight to ensure the safe and appropriate use of radioactive material. The NRC has not made a final determination in this matter, a Notice of Violation is not being issued at this time. In addition, please be advised that the characterization of the apparent violation may change as a result of further NRC review.
Before the NRC makes its enforcement decision, we are providing you an opportunity to (1) respond in writing to the apparent violation addressed in this letter within 30 days of the date of this letter, or (2) request a Pre-decisional Enforcement Conference (PEC). If a PEC is held, it will be open for public observation and the NRC will issue a press release to announce the time October 18, 2024
S. Carrell and date of the conference. If you decide to participate in a PEC, please contact Mr. Peter Habighorst at peter.habighorst@nrc.gov or Ms. Andrea Jones at andrea.jones2@nrc.gov, within 10 days of the date of this letter. A PEC should be held within 30 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to (An)
Apparent Violation in this letter, EA-24-042 and should include: (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 U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555- 0001; with a copy mailed to David L. Skeen, Director, Office of International Programs, 11555 Rockville, MD 20852, or via email to David.Skeen@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 accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter, its enclosure(s), 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, proprietary, or safeguards information so that it can be made available to the Public without redaction. Any information forwarded to the NRC on this matter should be clearly labeled on the first page with the case reference number: EA-24-042.
Should you have any questions, please contact Mr. Peter Habighorst at 301-287-9241 or Ms. Andrea Jones at 404-997-4443.
Sincerely, David L. Skeen, Director Office of International Programs
Enclosure:
As stated.
Signed by Skeen, David on 10/18/24
ML24290A082 OFFICE OIP/ECNP OE BC:ECNP/OIP NAME AJones DFurst PHabighorst DATE 10/9/2024 10/9/2024 10/17/2024 OFFICE OE OD: OIP NAME JPeralta DSkeen DATE 10/10/2024 10/18/2024
Enclosure BASIS FOR APPARENT VIOLATION BEING CONSIDERED FOR ESCALATED ENFORCEMENT The NRC initiated a review of records from May 2024 through July 2024. The review examined the export of radioactive material to Democratic Republic of Congo (DRC). Based on its review, the NRC identified that PSI Wireline exported two sealed sources each containing 2 curies (Ci) of cesium-137 and two sealed sources each containing 18 Ci of americium-241/beryllium (Am-241/Be) to the DRC that resulted in an apparent violation, which is being considered for escalated enforcement.
Apparent Violation:
10 CFR 110.5 states, in part, that no person may export any byproduct materials listed in 10 CFR 110.9, unless authorized by a general or specific license issued under 10 CFR Part 110.
10 CFR 110.20(a) states that a person may use an NRC general license as authority to export or import nuclear equipment or material, if the nuclear equipment or material to be exported or imported is covered by the NRC general licenses described in Sections 110.21 through 110.27. If an export or import is not covered by an NRC general license, a person must file an application for a specific license in accordance with 10 CFR 110.31 through 110.32.
10 CFR 110.23(a)(3) states, in part, a general license is issued to any person to export byproduct material if the individual shipments under a general license for export is less than the terabecquerels values specified in Table 1 of Appendix P to Part 110.
Contrary to the above, on or about August 24, 2023, PSI Wireline exported a total of four sealed sources - two Cesium sealed sources with an activity of 2 curies (Ci) per source and two Americium-241/Beryllium (Am-241/Be) sealed sources each with an activity of 18 Ci per source, to the Democratic Republic of the Congo without filing an application for a specific export license. Specifically, this export was not covered by an NRC general license because 10 CFR 110.23(a)(3), General license for the export of byproduct material, only authorizes shipments of byproduct under a general license for export, if the terabecquerel values are less than the values specified in Table 1 of Appendix P to Part 110. The terabecquerel values were greater than Category 2 values listed in Table 1 of Appendix P.
Therefore, a specific export license was required.