ML25260A564
| ML25260A564 | |
| Person / Time | |
|---|---|
| Site: | 15000017 |
| Issue date: | 11/17/2025 |
| From: | Tamara Bloomer NRC/RGN-IV/DRSS |
| To: | Reeves A Construction Testing Services |
| References | |
| EAO-RIV-2025-0167 IR 2025003 | |
| Download: ML25260A564 (1) | |
See also: IR 015000004/2025003
Text
September 30, 2025
EAO-RIV-2025-0167
Amy Reeves, Radiation Safety Officer
Construction Testing Services
4400 Yankee Hill Road
Rocklin, CA 95677
SUBJECT:
CONSTRUCTION TESTING SERVICES, INC - NRC INSPECTION
REPORT150-00004/2025-003
Dear Amy Reeves:
This letter refers to the in-office review conducted on May 30, 2025 through September 23, 2025, of
licensed activities performed at the U.S. Travis Air Force Base located in Travis AFB, California.
The in-office review examined activities conducted by Construction Testing Services in areas of
exclusive Federal jurisdiction as they relate to compliance with the U.S. Nuclear Regulatory
Commission (NRC) rules and regulations. Within these areas, the in-office review consisted of an
examination of representative records and interviews with personnel. The enclosed inspection
report presents the results of this inspection. A final exit meeting was conducted with you and
members of your staff via teleconference on September 23, 2025.
Based on the results of this in-office review, one apparent violation was identified and 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 http://www.nrc.gov/about-
nrc/regulatory/enforcement/enforce-pol.html. The apparent violation involves the failure to file an
NRC Form 241 and receive approval for reciprocity prior to working in exclusive Federal jurisdiction
in calendar year 2025. The circumstances surrounding this apparent violation, the significance of
the issue, and the need for lasting and effective corrective action were discussed with you during
the final exit meeting on September 23, 2025.
Before the NRC makes its enforcement decision, we are providing you with an opportunity to:
(1) respond in writing to the apparent violation addressed in the inspection report within 30 days of
the date of this letter; or (2) request a predecisional enforcement conference (PEC). If a PEC is
held, it will be open for public observation, and the NRC may issue a press release to announce the
time and date of the conference. Please contact Michelle Simmons, Chief, Materials Licensing
Branch, at (817) 200-1590 or Michelle.Simmons@nrc.gov within 10 days of the date of this letter to
notify the NRC of your intended response to either provide a written response or participate in a
PEC. A PEC should be held within 30 days of the date of this letter.
A. Reeves
2
If you choose to provide a written response, it should be clearly marked as a Response to
an Apparent Violation in NRC Inspection Report 150-00004/2025-003; EAO-RIV-2025-
0167 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 (or has been) achieved. Your response may reference or include
previously docketed correspondence if the correspondence adequately addresses the
required response. 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.
Your written response, should you choose to provide one, should be emailed to
R4Enforcement@nrc.gov and Michelle.Simmons@nrc.gov within 30 days of the date of this
letter, and hard copies may be sent to: U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, DC 20555-0001, and to Director, Division of
Radiological Safety & Security, Region IV, 1600 East Lamar Boulevard, Arlington, Texas
76011. 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
or schedule a PEC.
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 violations. The guidance in NRC Information Notice 96-28, Suggested Guidance
Relating to Development and Implementation of Corrective Action, may be helpful in
preparing your response (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML061240509).
In addition, please be advised that the number and characterization of the apparent
violation described in the enclosed inspection report 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 Title 10 of the Code of Federal Regulations (10 CFR) 2.390 of the
NRCs 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 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.
A. Reeves
3
If you have any questions concerning this matter, please contact Samantha Everett of my staff at
(817) 200-1124.
Sincerely,
Tamara E. Bloomer, Director
Division of Radiological Safety & Security
Docket No. 150-00017
License No. 10 CFR 150.20
Enclosure:
Inspection Report 150-00004/2025-003
cc w/Enclosure:
A. Chu, Chief
Div. of Radiation &
Environmental Management
CA Department of Public Health
Signed by Bloomer, Tamara
on 09/30/25
OFFICE
HP:DRSS/MLB
C:DRSS/MLB
TL:ACES
RC
OE/EB
NAME
SEverett
MSimmons
BAlferink
DCylkowski
JPeralta
SIGNATURE
/RA/
/RA/
/RA/
/RA/
/RA/
DATE
09/19/25
09/19/25
09/18/25
09/18/25
09/22/25
OFFICE
D:DRSS
NAME
MBurgess
TBloomer
SIGNATURE
/RA/
/RA/
DATE
09/23/25
09/30/25
Enclosure 1
U.S. NUCLEAR REGULATORY COMMISSION
REGION IV
Docket No.:
150-00017
License No.:
Inspection Report No.:
150-00004/2025-003
EA No.:
EAO-RIV-2025-0167
Licensee:
Construction Testing Services, Inc
Location Inspected:
Remote inspection
Inspection Dates:
May 30, 2025 through September 23, 2025
Exit Meeting Date:
September 23, 2025
Inspectors:
Samantha Everett, Health Physicist
Materials Licensing Branch
Division of Radiological Safety & Security
Approved by:
Michelle Simmons, Chief
Materials Licensing Branch
Division of Radiological Safety & Security
Attachment:
Supplemental Inspection Information
E1-2
EXECUTIVE SUMMARY
Construction Testing Services, Inc
NRC Inspection Report 150-00004/2025-003
On May 30, 2025, the U.S. Nuclear Regulatory Commission (NRC) began an in-office review of
Construction Testing Services, Inc (CTS), an agreement state licensee authorized to perform
licensed activities in the States of California, excluding in areas of exclusive Federal jurisdiction.
The corporate office is in California. The license reviewer continued the in-office review through
September 23, 2025, and examined activities conducted by CTS in areas of exclusive Federal
jurisdiction through review of records and interviews with licensee personnel. This report presents
the results of the inspection.
Program Overview
CTS is an agreement state licensee authorized to perform licensed activities using byproduct
material in California, excluding in areas of exclusive Federal jurisdiction.
Inspection Findings
One apparent violation was identified and is being considered for escalated enforcement. The
apparent violation involved the failure to file for reciprocity, for calendar year 2025, with the NRC
prior to working in exclusive Federal jurisdiction at the U.S. Travis Air Force Base located in Travis
AFB, California.
Corrective Actions
The licensees immediate corrective actions included promptly filing a submittal containing an NRC
Form 241, "Report of Proposed Activities in Non-Agreement States," a copy of your Agreement
State specific license, and the appropriate fee as prescribed in 10 CFR 170.31 for calendar year
2025. The licensee committed to determining, in the future, whether the location of proposed
licensed activities is located in exclusive Federal jurisdiction and, if so, to apply for reciprocity as
required by Title 10 of the Code of Federal Regulations (10 CFR) 150.20.
E1-3
REPORT DETAILS
1
Program Overview (Inspection Procedure (IP) 87139)
Construction Testing Services (CTS) is a licensee of the State of California, authorized
to perform portable gauge operations using byproduct material in the State of California
where the State of California maintains jurisdiction. On May 30, 2025, CTS applied for
reciprocal recognition of its State of California radioactive materials license to perform
the same licensed activities in areas of exclusive Federal jurisdiction under a U.S.
Nuclear Regulatory Commission (NRC) general license pursuant to Title 10 of the Code
of Federal Regulations (10 CFR) 150.20.
2
Inspection Overview (IP 87139)
2.1
Inspection Scope
On May 30, 2025, the NRC began a limited scope remote inspection of CTS with
continued review through September 23, 2025. The inspection examined licensed
activities and compliance with the NRC regulations, interviews with licensee personnel
and examination of representative records.
2.2
Background
During an in-office review, the license reviewer identified that CTS performed licensed
activities using radioactive byproduct material at Travis Air Force Base, prior to CTS
applying for reciprocity. The RSO confirmed that work was done on March 6, 2025,
March 7, 2025, March 11, 2025, March 27, 2025, April 8, 2025, April 21, 2025, May 6,
2025, May 19, 2025, May 20, 2025 and May 27-30, 2025. To meet regulatory
requirements, the information and fee were required to be submitted by March 3, 2025.
3
Observations and Findings (IP 87139)
3.1
Observations
One apparent violation of NRC requirements was identified. The apparent violation
involves the failure to file an NRC Form 241 Report of Proposed Activities in Non-
Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters and
receive approval for reciprocity prior to working in exclusive Federal jurisdiction in
calendar year 2025.
3.2
Findings
During the in-office review of CTS, the license reviewer identified that the licensee
performed licensed activities using radioactive byproduct material at Travis Air Force
Base on March 6, 2025, March 7, 2025, March 11, 2025, March 27, 2025, April 8,
2025, April 21, 2025, May 6, 2025, May 19, 2025, May 20, 2025 and May 27-30,
2025, and failed to file reciprocity to work in the facility, which was an area of
exclusive Federal jurisdiction.
E1-4
3.3
Apparent Violation of 10 CFR 150.20(b)(1)
Title 10 CFR 150.20(a)(1) states, in part, that any person who holds a specific license
from an Agreement State is granted a general NRC license to conduct the same activity
in areas of exclusive Federal jurisdiction within Agreement States subject to the
provisions of 10 CFR 150.20(b).
Title 10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in
areas of exclusive Federal jurisdiction within Agreement States 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 with the Regional
Administrator of the appropriate NRC regional office.
Contrary to the above, on March 6, 2025, March 7, 2025, March 11, 2025, March 27,
2025, April 8, 2025, April 21, 2025, May 6, 2025, May 19, 2025, May 20, 2025, and May
27-30, 2025, CTS, a licensee of the State of California, engaged in activities in areas of
exclusive Federal jurisdiction within Agreement States and failed to 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 NRC Regional Office at least 3 days before engaging in each
activity for the first time in a calendar year. Specifically, for calendar year 2025, the
licensee performed activities at the Travis Air Force Base and failed to submit an NRC
Form 241, a copy of its Agreement State specific license, and the appropriate fee with
the Regional Administrator of the NRC Region IV office.
The licensees failure to file for reciprocity was identified as an apparent violation
of 10 CFR 150.20(b)(1). (150-00004/2025-003-01)
4
Corrective Actions
The licensee stated that they would determine if a location of proposed licensed
activities is located in exclusive Federal jurisdiction and, if so, to apply for reciprocity as
required by Title 10 of the Code of Federal Regulations (10 CFR) 150.20.
5
Exit Meeting Summary
On September 23, 2025, an exit meeting was conducted via Microsoft Teams with the
Radiation Safety Officer, associate Radiation Safety Officer, and Regional Vice
President of Construction Testing Services. The licensee acknowledged the apparent
violation and did not dispute the details presented during the exit meeting.
Attachment
Supplemental Inspection Information
PARTIAL LIST OF PERSONS CONTACTED
Amy Reeves, Radiation Safety Officer
Guy Raumer, Regional Vice President
INSPECTION PROCEDURE USED
IP 87139 - Portable Nuclear Gauge Programs
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
150-00004/2025-003-01
Failure to file for reciprocity for activities in NRC
jurisdiction. (10 CFR 150.20(b)(1))
Closed
None
Discussed
None
LIST OF ACRONYMS USED
10 CFR
Title 10 of the Code of Federal Regulations
Agencywide Documents Access and Management System
Apparent Violation
IP
Inspection Procedure
NRC
U.S. Nuclear Regulatory Commission
PEC
Predecisional Enforcement Conference