ML24344A161
| ML24344A161 | |
| Person / Time | |
|---|---|
| Issue date: | 12/10/2024 |
| From: | David Pelton NRC/OE |
| To: | Carrell S PSI Wireline |
| References | |
| EA-24-042 | |
| Download: ML24344A161 (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 NOTICE OF VIOLATION
Dear Mr. 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 PSI Wirelines 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.
informing the NRC of this export. On July 24, 2024, Ms. Andrea Jones and Ms. Joanne Savoy of the NRC, along with Ms. Lisa Bruedigan, Director, Radiation Section, Consumer Protection Division, Texas Department of State Health Services (DSHS), and Jason Callahan, Manager, RAM Inspection Group, DSHS discussed the preliminary results of our review with you and details of the review were provided to you in an NRC letter, dated October 18, 2024, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24290A082).
In the NRC letter dated October 18, 2024, we provided you with the opportunity to address the 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 November 25, 2024 (ADAMS No. ML24334A001), you provided your written response to the apparent violations.
Based on the information developed during our review of records, discussions with you on July 24, 2024, and your response to the October 18, 2024, letter, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice), and the circumstances surrounding the violation are described below in this letter. The violation involved PSI Wirelines failure to obtain a specific license before exporting byproduct material to the DRC.
December 10, 2024
S. Carrell The failure to obtain a specific license before exporting high risk sources raises significant regulatory concerns. Specifically, the NRC considers the export to be significant because it impacted the NRC's ability to perform its regulatory oversight function and wherein the U.S.
Government would have requested Executive Branch views, prior to granting the license, due to foreign policy considerations and public health, safety and security implications. Therefore, this violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III. The current Enforcement Policy can be found on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $9,000 is considered for a Severity Level III violation.
Because your facility has not been the subject of prior escalated enforcement action, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. The NRC has determined that Corrective Action credit is warranted based on the corrective actions you implemented as described in your letter dated November 25, 2024.
Therefore, in recognition of the absence of previous escalated enforcement action, and your prompt and comprehensive corrective actions, I am not proposing a civil penalty in this case.
However, significant violations in the future could result in a civil penalty. In addition, issuance of this Severity Level III violation constitutes escalated enforcement action that may subject you to increased NRC oversight.
The NRC has concluded that information regarding: (1) the reason for the violation; (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 in your letter dated November 25, 2024. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, the enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or in the NRCs ADAMS, accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. 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. The NRC also includes significant enforcement actions on its website at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions.
S. Carrell 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. Pelton, Director Office of Enforcement
Enclosure:
Notice of Violation David L.
Pelton Digitally signed by David L. Pelton Date: 2024.12.10 16:41:00 -05'00'
ML24344A161 OFFICE OIP/ECNP OE/EB BC:OE/EB NAME AJones DFurst JPeralta DATE 12/2/2024 12/2/2024 12/4/2024 OFFICE BC:OIP/ECNP OD: OIP OD:OE NAME PHabighorst DSkeen DPelton DATE 12/09/2024 12/10/2024 12/10/2024
Enclosure NOTICE OF VIOLATION PSI Wireline EA-24-042 San Angelo, TX During a U.S. Nuclear Regulatory Commission (NRC) in-office review of records that was completed in July 2024, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Title 10 of the Code of Federal Regulations (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 material 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 This is a Severity Level III violation (NRC Enforcement Policy, Section 6.15 c.4)
The NRC has concluded that information regarding: (1) the reason for the violation; (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 PSI Wirelines letter dated November 25, 2024.
However, if the description therein does not accurately reflect your position or your corrective actions, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 within 30 days of the date of the letter transmitting this Notice of Violation. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation; EA-24-042, and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to David Skeen, Director, Office of International Programs.
S. Carrell Enclosure If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
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 website at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction.
If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information.
If you request that such material is withheld from public disclosure, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information).
Dated this 10th day of December 2024