IR 015000001/2025001
| ML25217A487 | |
| Person / Time | |
|---|---|
| Site: | 15000001, 015000001 (AL-1624) |
| Issue date: | 08/07/2025 |
| From: | Dan Collins Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Edwards C Insight NDE |
| References | |
| EAO-RI-2025-0132 | |
| Download: ML25217A487 (1) | |
Text
August 7, 2025
SUBJECT:
NOTICE OF VIOLATION - INSIGHT NDE; INSPECTION REPORT 150-00001/2025001
Dear Chase Edwards:
This letter refers to our remote non-routine inspection conducted between April 17, 2025, and July 1, 2025, related to activities conducted under Insight NDEs performance of licensed activities in an area of exclusive Federal jurisdiction. Based on the results of this inspection, the NRC staff identified one apparent violation (AV) of U.S. Nuclear Regulatory Commission (NRC)
requirements involving the failure by Insight NDE to file a submittal containing an NRC Form 241, Report of Proposed Activities in Non-Agreement States, a copy of the Agreement State specific license, and the appropriate fee with the appropriate regional office at least 3 days prior to engaging in licensed activities in areas of exclusive Federal jurisdiction for calendar years 2023 and 2024.
NRC staff discussed the AV with Daniel Watson, Radiation Safety Officer, during a telephonic exit meeting on July 1, 2025, and described the AV in NRC Inspection Report No. 150-00001/2025001 that was issued on July 15, 2025 (ML25069A6211). In the letter transmitting the inspection report, we provided you with the opportunity to address the AV identified in the report by either attending a pre-decisional enforcement conference or by providing a written response before we made our final enforcement decision. In the letter (ML25217A111) dated July 21, 2025, you provided a written response that described the actions taken by Insight NDE to address the AV, as described below.
Based on the information developed during the inspection and the information that you provided in your July 21, 2025, response to the inspection report, the NRC has determined that a violation of NRC requirements has occurred. The violation is cited in the enclosed Notice of Violation. As described above, the violation involved Insight NDEs failure to file for reciprocity in 2023 and 2024. Title 10 of the Code of Federal Regulations (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 1 NRC Agencywide Documents Access and Management System (ADAMS) Accession Numbers listed in this letter may be accessible using the hyperlink below with the associated ADAMS Accession Number inserted in place of the ML at the end: https://www.nrc.gov/docs/ML 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.
The NRC considers the failure to file for reciprocity a significant regulatory concern because the NRC was not informed of the activities occurring in NRC jurisdiction and therefore, was not provided an opportunity to conduct inspections of licensed activities. Therefore, this violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level III.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $9,000 is considered for a SL III violation. Because your facility has not been the subject of escalated enforcement action within the last two years, 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 Enforcement Policy. The NRC concluded that credit is warranted for Insight NDEs corrective actions taken to address the violation. Specifically, Insight NDE promptly applied for and was granted reciprocity from the NRC. In addition, Insight NDE has implemented management training and administrative controls to verify jurisdiction prior to beginning work.
Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case.
However, significant violations in the future could result in a civil penalty. In addition, issuance of this SL Ill violation constitutes escalated enforcement action that may subject you to increased inspection effort.
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 NRC Inspection Report No. 150-00001/2025001 and in your letter dated July 21, 2025. 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 NRC's Rules of Practice and Procedure, a copy of this letter, its enclosure, and your response, should you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room and in the NRC's 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. If personal privacy or proprietary information is necessary to provide an acceptable response, 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 withholding of such information, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (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). The NRC also includes significant enforcement actions on its website at https://www.nrc.gov/about-nrc/regulatory/enforcement/current.html.
If you have any questions related to this matter, please contact Monica Ford of my staff at (610) 337-5214 or Monica.Ford@nrc.gov.
Sincerely, Daniel S. Collins Acting Regional Administrator Docket No. 150-00001 License No. AL-1624 Enclosure: Notice of Violation Cc w/ Enclosure:
Daniel Watson, Radiation Safety Officer State of Alabama Signed by Collins, Daniel on 08/07/25
SUNSI Review/
X Non-Sensitive
Sensitive X
Publicly Available
Non-Publicly Available OFFICE RI/ORA RI/DRSS RI/ORA RI/ORA OE NMSS NAME T Hennessey M Ford B Klukan M McLaughlin A Shelton M Burgess DATE 07/24/2025 07/25/2025 07/28/2025 07/29/2025 07/30/2025 07/31/2025 OFFICE RI/DRSS RI/DRSS RI/ORA NAME M Ford C Regan D Collins DATE 07/31/25 08/05/2025 08/07/2025
NOTICE OF VIOLATION Insight NDE Docket No. 150-00001 Irvington, Alabama License No. AL-1624 EAO-RI-2025-0132 During an NRC inspection conducted between April 17, 2025, and July 1, 2025, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 30.3(a) 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, between January 5, 2023, and December 13, 2024, Insight NDE, which is authorized for possession and use of radioactive material under a State of Alabama license, used radioactive material within areas of exclusive Federal jurisdiction on numerous occasions without a specific license issued by the NRC and without submitting a Form 241 and the required fee for calendar years 2023-2024 with the Regional Administrator of the appropriate NRC regional office.
This is a Severity Level III violation (Enforcement Policy Example 6.9.c).
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in NRC Inspection Report No. 150-00001/2025001 and in your letter dated July 21, 2025. Therefore, you are not required to respond to this Notice of Violation. 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, (EAO-RI-2025-0132),
and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, Region I, 475 Allendale Road, Suite 102, King of Prussia, PA 19406 within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
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, proprietary, or safeguards information so that it can be made available to the public without redaction.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days of receipt.
Dated this 7th day of August 2025.