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) | |
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
ML25260A564 OFFICE HP:DRSS/MLB C:DRSS/MLB TL:ACES RC OE/EB NAME SEverett MSimmons BAlferink DCylkowski JPeralta SIGNATURE
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DATE 09/19/25 09/19/25 09/18/25 09/18/25 09/22/25 OFFICE NMSS D:DRSS NAME MBurgess TBloomer SIGNATURE
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DATE 09/23/25 09/30/25 U.S. NUCLEAR REGULATORY COMMISSION REGION IV Docket No.:
150-00017 License No.:
10 CFR 150.20 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 AV 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 ADAMS Agencywide Documents Access and Management System AV Apparent Violation IP Inspection Procedure NRC U.S. Nuclear Regulatory Commission PEC Predecisional Enforcement Conference