View source for IA-21-069, Notice of Violation, NRC Investigation Report 4-2021-005

{{Adams
| number = ML22153A457
| issue date = 06/14/2022
| title = Notice of Violation, NRC Investigation Report 4-2021-005
| author name = Morris S
| author affiliation = NRC/RGN-IV/ORA
| addressee name = Busby S
| addressee affiliation = - No Known Affiliation
| docket = 15000035
| license number = 
| contact person = Kramer J
| case reference number = 4-2021-005, IA-21-069, NUREG/BR-0254
| document type = Individual Action (Enforcement), Letter type:IA, NUREG, Notice of Violation, Notice of Violation with Proposed Imposition of Civil Penalty
| page count = 21
}}

=Text=
{{#Wiki_filter:June 14, 2022 IA-21-069 Ms. Sharon Busby
[NOTE: HOME ADDRESS DELETED UNDER 10 CFR 2.390]

==SUBJECT:==
NOTICE OF VIOLATION, NRC INVESTIGATION REPORT 4-2021-005

==Dear Ms. Busby:==

This letter refers to the investigation completed on August 30, 2021, by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations at Advanced Inspection Technologies, Inc. (AIT) in Tulsa, Oklahoma. The investigation was conducted to determine whether you, the President of AIT, willfully conducted licensed activities in NRC jurisdiction without filing for reciprocity. A factual summary of the investigation, as it pertains to your actions, was issued as an enclosure to our {{letter dated|date=February 15, 2022|text=letter dated February 15, 2022}}, Agencywide Documents Access and Management System (ADAMS) Accession No. ML22040A368.
In the letter transmitting the factual summary of the Office of Investigations report, we provided you with the opportunity to address the apparent violation identified in the letter by attending a predecisional enforcement conference, participating in an alternative dispute resolution mediation session, or providing a written response before we made our final enforcement decision. In a {{letter dated|date=March 8, 2022|text=letter dated March 8, 2022}} (ADAMS Accession No. ML22112A253), you provided a written response to the apparent violation.
Based on the information developed during the investigation and the information that you provided in your written response dated March 8, 2022, the NRC determined that a deliberate violation of NRC requirements occurred. The violation is cited in Enclosure 1, Notice of Violation (Notice). The Notice states that you deliberately violated an NRC requirement when you failed to file an NRC Form 241 Report of Proposed Activities in Non-Agreement States, when AIT performed licensed activities in a Non-Agreement State.
Your deliberate actions placed AIT in violation of Title 10 of the Code of Federal Regulations (10 CFR) 150.20, Recognition of Agreement State licenses, and you in violation of 10 CFR 30.10, Deliberate misconduct. Enclosure 2 includes a copy of the letter and Notice of Violation and Proposed Imposition of Civil Penalty issued to AIT. Given the significance of the underlying issue for impacting our regulatory process and the deliberate nature of your actions, your violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level Ill. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

S. Busby                                           2 In determining the appropriate sanction to be issued in this case, the NRC considered issuing an Order prohibiting your involvement in NRC-licensed activities as a result of your deliberate actions as the President of AIT. However, after consultation with the Director, Office of Enforcement, and after considering the circumstances of this case, including: (1) there was no actual safety significance, (2) you accepted full responsibility for your actions, and (3) you cooperated with the NRCs Office of Investigations, I have decided to issue only the enclosed Notice.
You should be aware that, in the future, additional deliberate violations of NRC requirements could result in more significant enforcement action or referral to the U.S. Department of Justice for potential criminal prosecution.
The NRC has concluded that you are not required to respond to this letter since: (1) you provided a written response to the violation dated March 8, 2022, and (2) you accepted full responsibility for your actions. However, should you choose to respond, follow the instructions specified in the enclosed Notice.
If you disagree with this enforcement action, you may deny the violation, as described in the Notice, or you may request alternative dispute resolution (ADR) mediation with the NRC to resolve this issue. Alternative dispute resolution is a general term encompassing various techniques for resolving conflicts using a neutral third party. The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a neutral mediator works with parties to help them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues. Additional information concerning the NRCs ADR program can be found at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html.
The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRCs ADR program as a neutral third party. If you are interested in pursuing this issue through the ADR program, please contact: (1) the Institute on Conflict Resolution at 877-733-9415; and (2) Mr. John Kramer at 817-200-1121 within 10 days of the date of this letter.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice and Procedure, a copy of this letter, its enclosures, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room and from 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. The NRC will also make our letter describing the apparent violation, dated October 27, 2021, publicly available in ADAMS.
The NRC includes significant enforcement actions on its website at https://www.nrc.gov/about-nrc/regulatory/enforcement/current.html. In addition, this letter and its enclosures will be maintained by the Office of Enforcement in an NRC Privacy Act system of records, NRC-3, Enforcement Actions Against Individuals. This system, which is not publicly accessible, includes all records pertaining to individuals who are being or have been considered for enforcement action, whether such action was taken or not. Detailed information about this system of records, including the NRC-3 system notice, can be accessed from the website at http://www.nrc.gov/reading-rm/foia/privacy-systems.html.

S. Busby                                       3 If you have any questions concerning this matter, please contact Mr. John Kramer of my staff at 817-200-1121.
Sincerely, Signed by Morris, Scott on 06/14/22 Scott A. Morris Regional Administrator

==Enclosures:==
: 1. Notice of Violation
: 2. Letter to AIT cc w/ enclosures:
Michael Broderick Environmental Program Manager II Oklahoma Environmental Agency

ML22153A457 SUNSI Review:            ADAMS:               Non-Publicly Available Non-Sensitive         Keyword:
By: JGK                    Yes  No           Publicly Available           Sensitive OFFICE          ES:ACES         C:MLB           TL:ACES          RC             NMSS           OE NAME            JKramer         NOKeefe         JGroom           DCylkowski     MBurgess       JPerelta SIGNATURE       /RA/ E          /RA/ E          /RA/ E           /RA/ E         /RA/ E         /RA/ E DATE            04/11/22        04/14/22        04/22/22         04/14/22       05/23/22       05/25/22 OFFICE          OGC             D:DRSS          RA NAME            RAugustus       MMuessle        SMorris SIGNATURE       /NLO/ E         /RA/ E          /RA/ E DATE            06/01/22        06/13/22        06/14/22 NOTICE OF VIOLATION Sharon Busby
[HOME ADDRESS DELETED UNDER 10 CFR 2.390]                                                                     IA-21-049 During an NRC investigation conducted from November 12, 2020, to August 30, 2021, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 30.10(a)(1) requires, in part, that an employee of a licensee may not engage in deliberate misconduct that causes a licensee to be in violation of any regulation.
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 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 a Non-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 with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, between April 1 and October 12, 2020, you, the President of Advanced Inspection Technologies, Inc., engaged in deliberate misconduct that caused the licensee to be in violation of a regulation. Specifically, you caused Advanced Inspection Technologies, Inc., a licensee of the state of Oklahoma, to be in violation of a regulation when it engaged in licensed activities in a Non-Agreement State without filing a submittal containing an NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee with the Regional Administrator of NRC Region IV at least 3 days before engaging in each activity.
This is a Severity Level III violation (NRC Enforcement Policy, Section 2.2.1.d).
The NRC has concluded that you are not required to respond to this letter since: (1) you provided a written response to the violation dated March 8, 2022, and (2) you accepted full responsibility for your actions.
However, if the description therein does not accurately reflect your position or your corrective actions, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 within 30 days of the date of the letter transmitting this Notice of Violation. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation; IA-21-069 and send it to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511, and email it to R4Enforcement@nrc.gov within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
If you contest this enforcement action, provide your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555-0001, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511, and email it to Enclosure 1

R4Enforcement@nrc.gov. A response contesting this enforcement action must be submitted to the NRC within 30 days of the date of the letter transmitting this 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 or proprietary 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, then 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 that such material is withheld from public disclosure, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim (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).
Dated this 14th day of June 2022 2

Letter to Advanced Inspection Technologies, Inc.
Enclosure 2

June 14, 2022 EA-21-129 Ms. Sharon Busby, President Advanced Inspection Technologies, Inc.
3820 Charles Page Blvd.
Tulsa, OK 74127

==SUBJECT:==
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $8,000 AND EXERCISE OF ENFORCEMENT DISCRETION, NRC INSPECTION REPORT 150-00035/2020-002 AND INVESTIGATION REPORT 4-2021-005

==Dear Ms. Busby:==

This letter refers to the investigation completed on August 30, 2021, by the U.S. Nuclear Regulatory Commission (NRC) Office of Investigations at Advanced Inspection Technologies, Inc., (AIT or licensee) in Tulsa, Oklahoma. The investigation was conducted to determine whether licensee employees willfully conducted licensed activities in NRC jurisdiction without filing for reciprocity. The NRCs investigation results were discussed with you during a telephone conversation on February 2, 2022. A factual summary of the investigation was issued as an enclosure to our {{letter dated|date=February 15, 2022|text=letter dated February 15, 2022}}, Agencywide Documents Access and Management System (ADAMS) Accession No. ML22040A362.
In the {{letter dated|date=February 15, 2022|text=February 15, 2022, letter}} transmitting the inspection report, we informed you that two apparent violations were being considered for escalated enforcement action. In the letter, we provided you the opportunity to address the apparent violations identified in the report by either attending a predecisional enforcement conference, engaging the NRC in alternative dispute resolution mediation, or by providing a written response before we made our final enforcement decision. In a {{letter dated|date=March 8, 2022|text=letter dated March 8, 2022}}, ADAMS Accession No. ML22112A253, you provided your response to the apparent violations.
Based on the information developed during the investigation, the in-office review by the inspection staff, and the information that you provided in your written response to the inspection report, the NRC has determined that two violations of NRC requirements occurred. These violations are cited in Enclosure 1, Notice of Violation and Proposed Imposition of Civil Penalty (Notice), and the circumstances surrounding them are described in detail in the subject inspection report. The violations involved the failure to: (A) file 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 with the Regional Administrator of the appropriate NRC regional office at least 3 days before engaging in activity in a Non-Agreement State; and (B) ensure that information provided to the Commission by a licensee is complete and accurate in all material respects.

S. Busby                                             2 The NRC considers Violation A to be a significant violation because your deliberate failure to file a submittal containing an NRC Form 241 and conduct of licensed activities in a Non-Agreement State prevents the NRC from inspecting these areas to ensure that licensed material is being used safely and in accordance with NRC requirements. Therefore, Violation A has been categorized in accordance with the NRC Enforcement Policy at Severity Level III. The current Enforcement Policy is included on the NRCs website at http://www.nrc.gov/about-nrc/
regulatory/enforcement/enforce-pol.html.
The NRC considers Violation B to be of low safety significance and thus has categorized it in accordance with the NRC Enforcement Policy as a Severity Level IV violation. This violation is being formally cited as Severity Level IV rather than as a non-cited violation because it was identified by the NRC.
In accordance with the NRC Enforcement Policy, a base civil penalty in the amount of $16,000 is considered for Severity Level III Violation A.
Because your facility is the subject of a willful escalated enforcement action, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. The NRC has determined that Identification credit is not warranted because the NRC staff identified the violation. The NRC determined that Corrective Action credit is warranted based on your prompt corrective action to submit an NRC Form 241 after the NRC staff identified the non-compliance with the NRC regulation and your comprehensive corrective action to not perform licensed activities outside the state of Oklahoma as you committed to in your {{letter dated|date=March 8, 2022|text=letter dated March 8, 2022}}. As a reminder, there are areas of exclusive Federal jurisdiction within the state of Oklahoma on military installations and tribal lands that would require submission of an NRC Form 241.
Normally for a willful Severity Level III violation, without credit for Identification, the NRC would assess a base civil penalty in the amount of $16,000. However, NRC considered the information that you provided regarding AITs financial hardship. Therefore, in consultation with the Director, Office of Enforcement, I have been authorized to exercise enforcement discretion, in accordance with Section 3.6 of the NRC Enforcement Policy, and issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $8,000 for Severity Level III Violation A.
You may choose to pay the proposed civil penalty by submitting your payment with the invoice enclosed to this letter (Enclosure 2), to the following address:
Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 In addition, you may pay the proposed civil penalty in accordance with NUREG/BR-0254 Payment Methods, Enclosure 3 or ADAMS Accession No. ML19163A244. When using NUREG/BR-0254 to pay the civil penalty, the bill number, EA-21-129, should be used as the enforcement action identifier when submitting your payment through one of the approved methods listed in the brochure. The NRC may consider a request for additional time to pay the proposed civil penalty, including the option to enter into an installment agreement, if payment of the civil penalty as a lump sum in the required timeframe would pose a financial hardship. To

S. Busby                                           3 request additional time to pay, you must submit a written request, with appropriate justification explaining your financial hardship, to NRCCollections.Resource@nrc.gov. All requests should be submitted in sufficient time to allow the NRC the ability to review your request for additional time to pay before the 30-day payment period expires.
If you disagree with this enforcement sanction, you may deny the violations, as described in the Notice, or you may request alternative dispute resolution (ADR) mediation with the NRC to resolve this issue. Alternative dispute resolution is a general term encompassing various techniques for resolving conflicts using a neutral third party. The technique that the NRC has decided to employ is mediation. Mediation is a voluntary, informal process in which a neutral mediator works with parties to help them reach resolution. If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions. Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues. Additional information concerning the NRCs ADR program can be found at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html.
The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRCs ADR program as a neutral third party. If you are interested in pursuing this issue through the ADR program, please contact: (1) the Institute on Conflict Resolution at 877-733-9415; and (2) Mr. Neil OKeefe at 817-200-1156 within 10 days of the date of this letter. Your submitted signed agreement to mediate using the NRC ADR program will stay the 30-day period for payment of the civil penalties, as identified in the enclosed Notice, until the ADR process is completed.
The NRC has concluded that information regarding: (1) the reason for the violations; (2) the corrective steps 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 this letter and in your {{letter dated|date=March 8, 2022|text=letter dated March 8, 2022}}. 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 NRCs Rules of Practice and Procedure, a copy of this letter, its enclosures, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room and from 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. The NRC also includes significant enforcement actions on its website at http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions.

S. Busby                                       4 If you have any questions concerning this matter, please contact Mr. Neil OKeefe of my staff, at 817-200-1156.
Sincerely, Signed by Morris, Scott on 06/14/22 Scott A. Morris Regional Administrator Docket No. 150-00035 License No. General License pursuant to 10 CFR 150.20

==Enclosures:==
: 1. Notice of Violation and Proposed Imposition of Civil Penalty
: 2. Civil Penalty Invoice
: 3. NUREG/BR-0254 Payment Methods cc w/ enclosures:
Michael Broderick Environmental Program Manager II Oklahoma Environmental Agency

ML22153A471 SUNSI Review                  ADAMS               Publicly Available        Non-Sensitive   Keyword:
By: JGK                        Yes  No          Non-Publicly Available    Sensitive OFFICE         ES:ACES        C:MLB             TL:ACES         RC               NMSS         OE NAME           JKramer        NOKeefe           JGroom          DCylkowski       MBurgess     JPerelta SIGNATURE /RA/ E              /RA/ E            /RA/ E          /RA/ E           /RA/ E       /RA/ E DATE           04/11/22       04/13/22          04/22/22        04/14/22         05/23/22     05/25/22 OFFICE         OGC            D:DNMS            RA NAME           RAugustus      MMuessle          SMorris SIGNATURE /NLO/ E             /RA/ E            /RA/ E DATE           06/01/22       06/13/22          06/14/22 NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Advanced Inspection Technologies, Inc.                               Docket No. 150-00035 Tulsa, Oklahoma                                                      License No. General License EA-21-129 During an NRC investigation conducted from November 12, 2020, to August 30, 2021, two violations of NRC requirements were identified. In accordance with the NRC Enforcement Policy, the NRC proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:
I. Violation Assessed a Civil Penalty A. 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 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 a Non-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 with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, between April 1 and October 12, 2020, Advanced Inspection Technologies, Inc., a licensee of the state of Oklahoma, engaged in licensed activities in a Non-Agreement State without filing a submittal containing an NRC Form 241, a copy of its Agreement State specific license, and the appropriate fee with the Regional Administrator of the appropriate NRC regional office at least 3 days before engaging in each activity. Specifically, Advanced Inspection Technologies Inc., performed radiography for 20 days (April 1; June 4; July 12, 14, 17, 23, 29; August 5, 12, 16, 20, 27; September 2, 9, 14, 16, 23; and October 1, 10, 12, 2020) in Joplin, Missouri, but did not request reciprocity until October 14, 2020. Since the work was performed in a Non-Agreement State beginning on April 1, 2020, Advanced Inspection Technologies, Inc., was required to provide this information to the NRC by March 29, 2020.
This is a Severity Level III violation (Enforcement Policy Section 6.9.c.2). Civil Penalty -
     $8,000. EA-21-129 II. Violation Not Assessed a Civil Penalty B. 10 CFR 30.9(a) requires, in part, that information provided to the Commission by a licensee shall be complete and accurate in all material respects.
Contrary to the above, on October 14, 2020, Advanced Inspection Technologies, Inc., a licensee of the state of Oklahoma, provided information to the Commission that was not complete and accurate in all material respects. Specifically, Advanced Inspection Technologies, Inc. submitted an NRC Form 241 that failed to include 14 dates Enclosure 1

(April 1; June 4; July 12, 14, 17, 23, 29; August 5, 12, 16, 20, 27; and September 2, 9, 2020) on which the company had already performed radiography in Joplin, Missouri.
This information is material to the NRC because it is used to determine inspections of the licensees radiography performed in a Non-Agreement State.
This is a Severity Level IV violation (Enforcement Policy Section 6.9.d).
The NRC has concluded that information regarding: (1) the reason for the violations; (2) the corrective actions taken and planned to correct the violations and prevent recurrence; and (3) the date when full compliance was achieved is already adequately addressed on the docket in this letter and in your {{letter dated|date=March 8, 2022|text=letter dated March 8, 2022}}.
However, if the description therein does not accurately reflect your position or your corrective actions, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 within 30 days of the date of the letter transmitting this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation, EA-21-129, and send it to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, and a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 1600 East Lamar Blvd.,
Arlington, Texas 76011-4511, and email it to R4Enforcement@nrc.gov.
You may pay the civil penalty proposed above through one of the following two methods:
: 1. Submit the payment with the enclosed invoice for Civil Penalty EA-21-129, issued to Advanced Inspection Technologies, Inc., to the following address:
Office of the Chief Financial Officer U.S. Nuclear Regulatory Commission P.O. Box 979051 St. Louis, MO 63197 OR
: 2. Submit the payment in accordance with NUREG/BR-0254.
You may protest the imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. Should you elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an Answer to a Notice of Violation, EA-21-129, and may: (1) deny the violation(s) listed in this Notice, in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty. Should you fail to answer or pay the civil penalty within 30 days of the date of this Notice, the NRC may issue an order imposing the civil penalty.
In requesting mitigation of the proposed penalty, the response should address the factors addressed in Section 2.3.4 of the Enforcement Policy. Any written answer addressing these factors pursuant to 10 CFR 2.205 should be set forth separately from the statement or 2

explanation provided pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the licensee is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205 to be due, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
The responses noted above, i.e., Reply to a Notice of Violation, EA-21-129 and Answer to a Notice of Violation, EA-21-129, should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738, with a copy to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, and a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 1600 East Lamar Blvd., Arlington, Texas 76011-4511, and email it to R4Enforcement@nrc.gov.
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 or proprietary 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, then 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 that such material is withheld from public disclosure, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim (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).
In accordance with 10 CFR 19.11, you are required to post this Notice within 2 working days of receipt.
Dated this 14th day of June 2022 3

Civil Penalty Invoice Enclosure 2

06/14/2022 Address/Customer Information                                 Bill Information                                            Bill Summary Advanced Inspection Technologies, Inc.                       Bill Number:             EA-21-129                          Initial Charges                                  $8,000.00 3820 Charles Page Blvd                                       Amount Due:              $8,000.00                          Discount                                              0.00 Tulsa, OK 74127                                              Due Date:                07/14/2022                         Surcharge                                             0.00 Interest Charges                                      0.00 Customer Codes                                               Contact Us                                                  Penalty Charges                                       0.00 Account Code:           L000003709/1                         Phone Number:           301-415-7554                        Admin Charges                                         0.00 Fax Number:             301-415-4135                        Bill Amount                                      $8,000.00 Email Address:          Fees.Resource@nrc.gov               Collected                                             0.00 Applied Credit                                        0.00 Remit to Address                                            Adjustments                                           0.00 Office of the Chief Financial Officer                       Amount Due                                       $8,000.00 U.S. Nuclear Regulatory Commission P.O. Box 979051                                             Credit Summary St. Louis, MO 63197                                         Applied Credit                                       $0.00 Unapplied Credit                                      0.00 Credit Total                                         $0.00 Comments:
For questions, contact the NRC Financial Services and Operations Branch at (301) 415-7554 or by email at Fees.Resource@nrc.gov. For NRC debt collection procedures, including interest and penalty provisions, see 31 U.S.C. 3717, 4 CFR 101-105 and 10 CFR 15. If this invoice is related to an Order Imposing a Civil Penalty, Advanced Inspection Technologies, Inc. is required to pay the Civil Penalty within 30 days of the Order date. If payment is in response to a Notice of Violation and Proposed Imposition of a Civil Penalty, please follow the instructions in the Notice. The NRC may consider a request for additional time to pay the Civil Penalty, including the option to enter into an installment agreement, if appropriate. All requests for additional time to pay an invoice must be submitted in writing, with appropriate justification, to NRCCollections.Resource@nrc.gov, and should be submitted sufficiently ahead of time to allow the NRC time to review the request for additional time to pay within the 30-day payment period. This Invoice is related to the Civil Penalty proposed or imposed under EA-21-129, issued to Advanced Inspection Technologies, Inc. Please include this reference number on your payment method (see attached Payments Methods Brochure)
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Customer Information                   Remittance Information L000003709/1                           Office of the Chief Financial Officer Advanced Inspection Technologies, Inc. U.S. Nuclear Regulatory Commission 3820 Charles Page Blvd                 P.O. Box 979051 Tulsa, OK 74127                        St. Louis, MO 63197 Change of Address:                     This Payment References the following Bill:
EA-21-129 Outstanding Amount Due:               $8,000.00 Amount Enclosed:
Phone:
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NUREG/BR-0254 Payment Methods Enclosure 3

QUESTIONS?
If you have questions, please visit https://www.nrc.gov and search for License Fees.
Questions may also be directed to the NRC Accounts Receivable Help Desk by e-mail at nrc@fiscal.treasury.gov, by phone at (301) 415-7554, or by writing to the address below:
     	
U.S. NUCLEAR REGULATORY COMMISSION OCFO/DOC/ARB Mail Stop T9-E10 Washington, DC 20555-0001 U.S. NUCLEAR REGULATORY COMMISSION OCFO/DOC/ARB Mail Stop T-9-E10 Washington, DC 20555-0001 PH (301) 415-7554 NUREG/BR-0254, Rev. 9 June 2019

APPROVED BY OMB: NO. 3150-0190                                         See the sample EFT message to Treasury below. Each numbered field is              The optimum format for fields 7, 8, 9, and 10 using an 8-digit ALC is as described below.                                                                  follows:
Estimated burden per response to comply with this voluntary collection request: 10 minutes. This brochure provides information about                                                                                                  TREAS NYC/CTR/BNF=/AC-31000001 OBI=
available payment methods. Forward comments about to burden estimate to the Records Management Branch (T6-F33), U.S. Nuclear                                                                                         The optimum format, shown above, will allow 219 character positions of Regulatory Commission, Washington, DC 20555-0001, and to the                                                                                             information following the OBI= indicator.
Paperwork Reduction Project (3150-0190), Office of Management and Budget, Washington, DC 20503. If a means used to impose an                                                                                           If the licensees bank is not a member of the Federal Reserve System, the information collection does not display a currently valid OMB control                                                                                    nonmember bank must transfer the necessary information and funds to number, the NRC may not conduct or sponsor, and a person is not                                                                                          a member bank, which then must transfer the information and funds to required to respond to, the information collection.                                                                                                      the local Federal Reserve Bank.
NRC accepts the methods described below.                                                                                                                 For a transfer of funds from local Federal Reserve Banks to be recorded on the same day, the transfer must be received at the New York Federal Reserve Bank by 4 p.m., EST. Otherwise, the deposit will be recorded on the next workday.
RECEIVER-DFI# - Treasurys ABA number for deposit messages is 021030004.
PAYMENT BY AUTOMATED                                                                                                                                     PAYMENT BY CHECK CLEARINGHOUSE TYPE-SUBTYPE-CD - The sending bank will provide the type and subtype Checks should be made payable to the U.S. Nuclear Regulatory To pay by Automated Clearinghouse/Electronic Data Interchange (ACH/    code.
Commission with the invoice number, Enforcement Action number, EDI), provide a copy of NRC Form 628 to your financial institution.                                                                                      or other information that identifies the payment, written on the check.
You may obtain a copy of NRC Form 628 from the NRC Web site at          SENDER-DFI# - The sending bank will provide this number.
Mail the check to the following address:
http://www.nrc.gov by searching for NRC Form 628. You can also obtain a form by calling the NRC Accounts Receivable Help Desk at       SENDER-REF# - The sending bank will insert this 16-character reference U.S. Nuclear Regulatory Commission (301) 415-7554.                                                        number at its discretion.
U.S. Bank P.O. Box 979051 AMOUNT - The transfer amount must be punctuated with commas and St. Louis, MO 63197-9000 decimal point; use of the $ is optional. The depositor will provide this PAYMENT BY CREDIT CARD                                                 item.
FedEx or overnight mailings must be delivered to the following address:
SENDER-DFI-NAME - The Federal Reserve Bank will automatically insert The NRC is currently accepts credit card payments of up to                                                                                                      U.S. Nuclear Regulatory Commission this information.
$24,999.99. For payment by credit card, go to Pay.gov, search for                                                                                               U.S. Bank Government Lockbox
,U.S. Nuclear Regulatory Commission Fees and enter the required                                                                                               SL-MO-C2GL RECEIVER-DFI-NAME - Treasurys name for deposit messages is TREAS information.                                                                                                                                                    1005 Convention Plaza NYC. The sending bank will enter this name.
St. Louis, MO 63101 You may also mail or fax NRC                                                                                                                                    				
PRODUCT CODE - A product code of CTR for customer transfer should Form 629 following the directions on                                   be the first item in the reciever text field. Other values may be entered, if the form. To obtain a copy of NRC                                      appropriate, using the ABAs options. A slash must be entered after the TAXPAYER IDENTIFICATION Form 629 go to http://www.nrc.gov                                      product code.                                                                     NUMBER and search for NRC Form 629 or call the NRC Accounts Receivable Help                                        AGENCY LOCATION CODE (ALC) - THIS ITEM IS OF CRITICAL                           You must file your Taxpayer Identification Number (TIN) with the NRC.
Desk at (301) 415-7554.                                                IMPORTANCE. IT MUST APPEAR ON THE FUNDS TRANSFER DEPOSIT                          Use NRC Form 531 to provide your TIN. You may obtain NRC MESSAGE IN THE PRECISE MANNER AS STATED TO ALLOW FOR THE                          Form 531 from the NRC Web site at http://www.nrc.gov by searching AUTOMATED PROCESSING AND CLASSIFICATION OF THE FUNDS                              for NRC Form 531 or by calling the NRC Accounts Receivable Help PAYMENT BY FEDWIRE DEPOSIT                                             TRANSFER MESSAGE TO THE AGENCY LOCATION CODE OF THE                               Desk at (301) 415-7554.
APPROPRIATE AGENCY. The ALC identification sequence can, if necessary, SYSTEM                                                                 begin on one line and end on the next line; however, the field tag BNF=
must be on one line and cannot contain any spaces. The NRCs 8-digit ALC is: BNF=/AC-31000001 The NRC can receive funds through the U.S. Department of the Treasury (Treasury) Fedwire Deposit System. The basic wire message      THIRD-PARTY INFORMATION - The Originator to Beneficiary Information format below complies with the Federal Reserve Boards standard        (OBI) field tag OBI= signifies the beginning of the free-form third-party text.
structured third-party format for all electronic funds transfer (EFT)  All other identifying information intended to enable the NRC to identify the messages.                                                              depositfor example, NRC annual fee invoice number, description of fee, 10 CFR 171 annual fee, and licensee nameshould be placed in this field.}}