ML25176A110
| ML25176A110 | |
| Person / Time | |
|---|---|
| Site: | 15000016 |
| Issue date: | 06/25/2025 |
| From: | Christopher Regan NRC Region 1 |
| To: | Fred Miller Stantec Consulting Services |
| References | |
| EAF-RI-2025-0103 IR 2025001 | |
| Download: ML25176A110 (1) | |
See also: IR 015000016/2025001
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION I
475 ALLENDALE ROAD - SUITE 102
KING OF PRUSSIA, PA 19406-1415
June 25, 2025
EAF-RI-2025-0103
Northeast Regional HSSE Manager
and US Radiation Safety Officer
Stantec Consulting Services
810 Glen Eagles Ct., Suite 300
Baltimore, MD 21286
SUBJECT:
STANTEC CONSULTING SERVICES - APPARENT VIOLATION OF NRC
REQUIREMENTS - INSPECTION REPORT 150-00016/2025001
Dear Fred Miller:
This letter refers to our remote non-routine inspection conducted between January 14, 2025,
and April 11, 2025, related to activities conducted under your license in the State of Indiana.
The inspection evaluated your performance of licensed activities in a non-Agreement State, in
an area of exclusive Federal jurisdiction within an Agreement State, or in offshore water. The
enclosed report presents the results of the review. A final exit briefing was conducted
telephonically with you on June 25, 2025.
Based on the results of this review, the NRC identified one apparent violation which 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 https://www.nrc.gov/about-
nrc/regulatory/enforcement/enforce-pol.html. The apparent violation, as described in the
enclosure, involved Stantec Consulting Services (Stantec) apparent failure to file for reciprocity
or apply for and receive a specific license from the NRC prior to performing work in an area of
NRC jurisdiction. Title 10 of the Code of Federal Regulations (10 CFR) Part 150.20(b)(1)
requires that any person who holds a specific license from an Agreement State, shall, at least
3 days before engaging in each activity for the first time in a calendar year, file a submittal
containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, a copy
of its Agreement State specific license, and the appropriate fee as prescribed in 10 CFR 170.31
with the Regional Administrator of the U.S. Nuclear Regulatory Commission Regional Office
listed on the NRC Form 241 and in Appendix D to 10 CFR Part 20 for the Region in which the
Agreement State that issued the license is located.
Since the NRC has not made a final determination in this matter, a Notice of Violation is not
being issued at this time. Before the NRC makes its enforcement decision, we are providing you
with an opportunity to (1) respond 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 and date of the conference.
F. Miller
2
If you decide to participate in a PEC, please contact Monica Ford at (610) 337-5214 or via
email at Monica.Ford@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 Response to An
Apparent Violation in NRC Inspection Report 150-00016/2025001; EAF-RI-2025-0103 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. Your response should be
mailed to the Document Control Desk, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, with a copy mailed to Christopher M. Regan, Acting Director, Division of
Radiological Safety & Security, U.S. Nuclear Regulatory Commission Region I, 475 Allendale
Road, Suite 102, King of Prussia, PA, 19406-1415, and emailed to R1Enforcement@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.
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 presenting your corrective actions, you should be
aware that the promptness and comprehensiveness of your actions will be considered in
assessing any civil penalty for the apparent violation. The guidance in the enclosed excerpt from
NRC Information Notice 96-28, Suggested Guidance Relating to Development and
Implementation of Corrective Action, may be helpful.
Please be advised that the characterization of the apparent violation, as well as the number of
identified violations described herein may change as a result of further NRC review. You will be
advised by separate correspondence of the results of our deliberations on this matter.
In accordance with 10 CFR 2.390 of the NRCs 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 the NRCs
Agencywide Documents Access and Management System (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, proprietary, or safeguards information so that it can be
made available to the Public without redaction.
F. Miller
3
If you have any questions concerning this matter, please contact Monica Ford of my staff at
(610) 337-5214 or Monica.Ford@nrc.gov.
Sincerely,
Christopher M. Regan, Acting Director
Division of Radiological Safety and Security
Region I
Docket No. 150-00016
License No. KY-201-142-51
Enclosure:
NRC Inspection Report 150-00016/2025001
Cc w/ Enclosure:
Ryan Clark, Radiation Safety Officer
Commonwealth of Kentucky
NRC Region III
Christopher
M. Regan
Digitally signed by
Christopher M. Regan
Date: 2025.06.25
14:53:16 -04'00'
X
SUNSI Review/
X
Non-Sensitive
Sensitive
X
Publicly Available
Non-Publicly Available
OFFICE
RI/ORA
RI/DRSS
RI/ORA
RI/ORA
RI/DRSS
NAME
T Hennessey
M Ford
B Klukan
M McLaughlin
A Shelton
C Regan
DATE
05/28/2025
06/02/2025
06/03/2025
06/03/2025
6/16/2025
6/25/2025
Enclosure
U.S. NUCLEAR REGULATORY COMMISSION
REGION I
INSPECTION REPORT
Docket:
150-00016
License:
KY-201-142-51
Report:
2025001
EA No.:
EAF-RI-2025-0103
Licensee:
Stantec Consulting Services
Locations Inspected:
810 Glen Eagles Ct., Suite 300
Baltimore, MD 21286
3052 Beaumont Centre Circle
Lexington, KY 40513
Inspection Dates:
February 28, 2025, through April 11, 2025
Inspector:
Juan Ayala, Senior Health Physicist
Commercial, Industrial, R&D and Academic Branch
Division of Radiological Safety and Security
Approved By:
Monica Ford, Chief
Commercial, Industrial, R&D and Academic Branch
Division of Radiological Safety and Security
Attachment:
Supplemental Inspection Information
2
EXECUTIVE SUMMARY
Stantec Consulting Services
NRC Inspection Report 150-00016/2025001
Program Overview
Stantec Consulting Services (Stantec) was a global company with many locations
throughout the United States, specializing in sustainable engineering, architecture, and
environmental consulting. Stantec previously held a license with the NRC for possession
and use of portable gauges, which was terminated in 2018. Since 2018, the company has
utilized portable nuclear density gauges for soil and materials testing under different
Agreement State licenses, including the Commonwealth of Kentucky. After termination of
its NRC license, Stantec filed for reciprocity in calendar year 2021 utilizing its Minnesota
Agreement State license. Any work in a non-Agreement State or area of exclusive Federal
Jurisdiction would occur under the NRCs reciprocity program and the provisions in Title
10 of the Code of Federal Regulations (10 CFR) Part 150.20, Recognition of Agreement
State Licenses. Stantec was only approved for reciprocity in calendar year 2021 under
their State of Minnesota license for work in the State of Wyoming (a non-Agreement State)
(Section 1 of this report).
Inspection Findings
One apparent violation was identified through a notification from the State of Indiana to
NRC Region III. This review was initiated when the State of Indiana received a bi-annual
registration form from Stantec indicating their intent to conduct licensed activities in
Specifically, on October 10, 2021, and through December 30, 2024, Stantec performed
licensed activities within NRC jurisdiction without having filed an initial application for
reciprocity with the NRC for calendar years 2021 through 2024 (Section 2 of this report).
Corrective Actions
Following initial identification of the apparent violation, Stantec promptly filed an initial
application for reciprocity with the NRC for calendar year 2025. Stantecs corporate
Radiation Safety Officer (RSO) received a briefing on the NRC reciprocity process and how
it applies to all licensed activities in NRC jurisdiction nationwide and committed to ensuring
all licensed locations will comply with NRC reciprocity requirements. This was confirmed
through a phone conversation dated April 11, 2025 (Section 3 of this report).
3
REPORT DETAILS
1.
Program Overview
1.1
Scope
Stantec Consulting Services was a global company with many locations throughout the
United States, specializing in sustainable engineering, architecture, and environmental
consulting. Stantec previously held an NRC license associated with a West Virginia
office location, which was terminated on October 24, 2018, due to office closure. Since
2018, the company has utilized portable nuclear density gauges for soil and materials
testing under different Agreement State licenses, including the Commonwealth of
Kentucky. After termination of its NRC license, Stantec filed for reciprocity in calendar
year 2021 utilizing its Minnesota Agreement State license. Any work in a non-Agreement
State or area of exclusive Federal Jurisdiction would occur under the NRCs reciprocity
program and the provisions in 10 CFR Part 150.20, Recognition of Agreement State
Licenses. Stantec was only approved for reciprocity in calendar year 2021 under their
State of Minnesota license for work in the State of Wyoming (a non-Agreement State).
2.
Observations and Findings
2.1
Inspection Scope
The inspection was an examination of activities conducted within the jurisdiction of the
NRC, as they related to NRC-licensed byproduct material. Within this area, the
inspection consisted of interviews with personnel.
2.2
Observations and Findings
On January 14, 2025, the State of Indiana notified the NRCs Region 3 Office that
Stantec may have conducted licensed activity in NRC jurisdiction without filing for
reciprocity. On January 17, 2025, the NRCs Region III Office referred the apparent
violation to the NRCs Region I Office since Stantecs corporate headquarters was
located in the State of Maryland and the local office performing the work was located in
The inspector conducted a remote, reactive inspection on February 28, 2025. A
telephone interview with the Stantec Radiation Safety Officer for the Commonwealth of
Kentucky license revealed that the licensee conducted work within NRC jurisdiction on
multiple occasions without filing reciprocity. The interview indicated that between
October 10, 2021, and December 30, 2024, Stantec used portable nuclear density
gauges in the State of Indiana, within NRC jurisdiction. The inspector interviewed
Stantecs corporate RSO on April 11, 2025, regarding reciprocity and work activities and
confirmed that no reciprocity filings were submitted to the NRC for the work performed in
It should be noted that NRC Region III informed NRC Region I that the State of Indiana,
from 2018 through 2021, was informing licensees seeking to perform reciprocity work in
Indiana that they were only required to complete a registration form issued by the State
of Indiana. Indiana staff have since ceased that practice.
4
2.3
Apparent Violation
One apparent violation of NRC requirements was identified. The apparent violation
involved the failure to file an initial reciprocity application with the NRC prior to the
performance of licensed activities within NRC jurisdiction for the first time in calendar
years 2021 through 2024, or, alternatively, to possess a specific license with the NRC
authorizing the same activity. The apparent violation (150-00016/2025001) is described
below:
10 CFR 30.3 requires, in part, that except for persons exempt as provided in 10 CFR
Parts 30 and 150, no person shall manufacture, produce, transfer, receive, acquire, own,
possess, or use byproduct material except as authorized in a specific or general license
issued pursuant to the regulations in 10 CFR Part 30.
10 CFR 150.20(a) states, in part, that any person who holds a specific license from
an Agreement State is granted an NRC general license to conduct the same activity in
non-Agreement States subject to the provisions of 10 CFR 150.20(b).
10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non-
Agreement States shall, at least 3 days before engaging in each such activity for the first
time in a calendar year, file a submittal containing an NRC Form 241, Report of
Proposed Activities in Non-Agreement States, a copy of its Agreement State specific
license, and the appropriate fee, with the Regional Administrator of the appropriate NRC
regional office.
Contrary to the above, from October 10, 2021, to December 30, 2024, Stantec
Consulting Services, which is authorized for possession and use of radioactive material
under a Kentucky Agreement State license, used byproduct material within NRC
jurisdiction, on numerous occasions, without either a specific license issued by the NRC
or having submitting Form 241 and the required fee for calendar years 2021-2024 with
the Regional Administrator of the appropriate NRC regional office.
2.4
Conclusions
The NRC inspection identified one apparent violation, concerning the filing and request
for approval of reciprocity with NRC Form 241. The apparent violation concerned the
performance of licensed activities without having filed an initial NRC Form 241.
3.
Corrective Actions
During the NRCs interviews with Stantec RSOs, both RSOs confirmed their
understanding and commitment to comply with the NRCs reciprocity regulations.
Stantec, under their Commonwealth of Kentucky license, filed for reciprocity with NRC
for calendar year 2025 on January 16, 2025. Stantec has corrected the violation
described above in Section 2.3.
4.
Exit Meeting Summary
On June 25, 2025, a final telephonic exit briefing was conducted with you and additional
Stantec staff. The conversation was a review of the findings presented in this report.
Licensee representatives acknowledged the findings and reiterated their commitments to
the corrective actions stated in this report.
5
SUPPLEMENTAL INSPECTION INFORMATION
LIST OF PERSONS CONTACTED
Licensee
Fred Miller, Corporate Radiation Safety Officer
Thomas Curran, Senior Counsel
Corey Sanchez, Associate General Counsel
Ryan Clark, Kentucky Radiation Safety Officer
Ryan Jones, Kentucky Laboratory Manager
Ben Halada, Kentucky Lead Engineer
INSPECTION PROCEDURES USED
87139 - Portable Nuclear Gauge Programs
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
150-00016/2025001
Failure to either apply for and receive an NRC
specific license (10 CFR 30.3) or apply for and receive
initial approval for reciprocity (10 CFR 150.20(b))
Closed
None
Discussed
None
LIST OF ACRONYMS
Agencywide Documents Access and Management System
Apparent Violation
CFR
Code of Federal Regulations
NRC
Nuclear Regulatory Commission
PEC
Pre-decisional Enforcement Conference
Radiation Safety Officer
STANTEC
Stantec Consulting Services