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) | |
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 Fred Miller 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'
SUNSI Review/
X Non-Sensitive Sensitive X
Publicly Available Non-Publicly Available OFFICE RI/ORA RI/DRSS RI/ORA RI/ORA OE 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 Indiana.
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 Kentucky.
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 Indiana.
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 AV 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 ADAMS Agencywide Documents Access and Management System AV Apparent Violation CFR Code of Federal Regulations NRC Nuclear Regulatory Commission PEC Pre-decisional Enforcement Conference RSO Radiation Safety Officer STANTEC Stantec Consulting Services