ML25093A345
| ML25093A345 | |
| Person / Time | |
|---|---|
| Site: | 99990015 |
| Issue date: | 04/07/2025 |
| From: | Lizette Roldan-Otero NRC/RGN-IV/DRSS/MIB |
| To: | Lauderback V Bridger Coal Co |
| Shirley E | |
| References | |
| EA-RIV-2025-0024, EN 57331, NMED No. 24033 | |
| Download: ML25093A345 (1) | |
Text
April 07, 2025 EA-RIV-2025-0024 EN 57331 NMED No. 240338 Victor Lauderback, Radiation Safety Officer Bridger Coal Company 932 Nine Mile Road (County Road 4-15)
Point of Rocks, WY 82942
SUBJECT:
BRIDGER COAL COMPANY - NRC INSPECTION REPORT 999-90015/2024-001; AND NOTICE OF VIOLATION
Dear Victor Lauderback:
This letter refers to the inspection conducted on May 22, 2024, at your facilities in Point of Rocks, Wyoming, with continued in-office review through October 11, 2024. The inspection was an examination of activities conducted under your specific materials license, the U.S. Nuclear Regulatory Commission (NRC) Materials License No. 49-21022-02, Docket No. 030-31140, and under the terms of the general license in Title 10 Code of Federal Regulations (CFR) 31.5(a)
Docket No. 999-90015. The inspection was conducted to review your programs as they relate to public health and safety, to confirm compliance with NRCs rules, regulations, and with the conditions your licenses. Within these areas, the inspection consisted of a selected examination of procedures and representative records, observation of licensed facilities, independent radiation measurements, and interviews with personnel. The inspectors discussed preliminary inspection findings with you at the conclusion of the onsite portion of the inspection. A final exit meeting surrounding the generally licensed material was conducted with you on March 31, 2025.
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, which is included on the NRCs website and can be referenced at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation is being cited in the enclosed Notice of Violation (Notice) because it was identified by the NRC. The violation involved the failure to properly dispose of two exit signs containing hydrogen-3 (tritium) that were determined to be lost.
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 as described in your letter dated October 15, 2024 (ADAMS ML25049A265); therefore, you are not required to respond to this letter unless the description herein 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.
V. Lauderback 2
In accordance with 10 CFR 2.390 of the NRC's Agency Rules of Practice and Procedure, a copy of this letter, its 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 from ADAMS, (Agencywide Documents Access and Management System) accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Should you have any questions regarding this letter or the enclosed Notice, please contact Leonardo Wardrobe at 817-200-1429 or the undersigned at 817-200-1455.
Sincerely, Lizette Roldán-Otero, PhD, Chief Materials Inspection Branch Division of Radiological Safety and Security Docket No. 030-31140 and 999-90015 License No. 49-21022-02 and General License per 10 CFR 31.5(a)
Enclosure:
Notice of Violation (Notice) cc w/enclosure:
Brandi OBrien Wyoming Department of Environmental Quality Land Quality Division Brandi.OBrien@wyo.gov Signed by Roldan-Otero, Lizette on 04/07/25
ML25093A345 SUNSI Review ADAMS:
Non-Publicly Available Non-Sensitive Keyword:
By: ERD Yes No Publicly Available Sensitive NRC-002 OFFICE HP:DRSS/MIB HP:DRSS/MIB TL:ACES BC:DRSS/MIB NAME LWardrobe EShirley BAlferink LRoldánOtero SIGNATURE
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DATE 04/03/25 04/03/25 04/04/25 04/07/25
Enclosure NOTICE OF VIOLATION Bridger Coal Company 49-21022-02 and 10 CFR Point of Rocks, WY 31.5(a)
Docket No. 030-31140 and 999-90015 EA-RIV-2025-0024 During an NRC inspection from May 22, 2024, through October 11, 2024, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 31.5(c)(8) requires, in part, that any person who transfers byproduct material in a device pursuant to a general license shall, except as provided in 10 CFR 31.5(c)(9), transfer or dispose of the device containing byproduct material by transfer to another authorized general licensee or to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or equivalent regulations of an Agreement State.
Contrary to the above, on September 12, 2024, the licensee failed to transfer or dispose of devices containing byproduct material by transfer to another authorized general licensee or to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or equivalent regulations of an Agreement State. Specifically, two exit signs containing tritium were determined by the licensee to have been inadvertently disposed of or buried in the closing of the mine. Subsequent to this violation being identified, the licensee provided information on March 23, 2024, indicating that one of the exit signs, Serial No. 10-5602, had been located.
This is a Severity Level IV violation (NRC Enforcement Policy, Section 2.2.2.d).
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the issues and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in your letter dated October 15, 2024 (ML25049A265). 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-RIV-2025-0024 (DRSS/MIB)" and send it within 30-days of the date of the cover letter transmitting this Notice of Violation by email to Lizette.Roldan-Otero@nrc.gov or send hard copies by mail to: U.S. Nuclear Regulatory Commission; ATTN: Document Control Desk; Washington, DC 20555-0001, with identical copy to: Director, Division of Radiological Safety and Security, U.S. Nuclear Regulatory Commission Region IV, 1600 E. Lamar Blvd., Arlington, Texas 76011.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's 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.
2 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, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
Dated this 7th day of April 2025