IR 015000033/1997001

Ack Receipt of 971124 Ltr Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 150-00033/97-01

ML20203D384
Person / Time
Site:	015000033
Issue date:	12/11/1997
From:	Spitzberg D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Ewer L AFFILIATION NOT ASSIGNED
References
150-00033-97-01, 150-33-97-1, NUDOCS 9712160183
Download: ML20203D384 (3)

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December 11', 1997 Larry President Ewer Testing and Inspection, Inc.

P.O. Box 577 Bismarck, North Dakota 58502

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SUBJECT: RESPONSE TO NRC INSPECTION REPORT 150-00033/97-01

Dear Mr. Ewer:

Thank you for your letter of November 24,1997, in response to our letter and Notice of Violation dated November 14,1997. We have reviewed your reply and find it responsive to the concerns raised in our Notice of Violation, We will review the implementation of your corrective actions dunng a future inspection to determine that full compliance has been achieved and will be maintained.

Sincerely, D. Blair Spitzberg, Ph.D., Chief Nu-lear Materials inspection and Fo ! Cycle / Decommissioning Branch Docket No.: 150-00033 f Licerise No.: North Dakota 33-32610-01

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North Dakota Radiation Control Program Director -

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Ewer Testing and inspection, Inc. -2-bec w/ copy of ltr dtd 11/24/97 to DCD (IE07)

bec w/ copy of ltr dtd 11/24/97 distrib. by RIV:

RIV Regional Administrator LLHowell MRShaffer DBSpitzberg CLCain FAWenslawski RABrown MCHernandez NMi&FC\DB RIV Nuclear Materials 241 File - 5th Floor DOCUMENT NAME: G:\NMIS,0\RAB\ ewer.ack To receive copy of document, Indicate in box:"C" = Copy ethout enclosures "E" = Copy eth enclosures "N" = No copy RIV:DNMS NMi&FC/pB C:NMi&FC/DB RABmwn:wsW'44\V) DBSpitzberg'}$

12(V97 12f//97 OFFICIAL RECORD COPY

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Ewer Testing and Inspection, Inc. -2-bcc w/ copy of ltr dtd 11/24/97 to DCD (IEO7)

bec w/ copy of Itr dtd 11/24/97 distrib, by RIV:

RIV Regional Administrator LLHowell MRShaffer DBSpitzberg CLCain FAWenslawski RABrown MCHernandez NMI&FC\DB RIV Nuclear Matenals 241 File - 5th Floor DOCUMENT NAME: G:\NMIS,0\RAB\ ewer.ack To rece6ve copy of document, Indicate in box: "C" = Copy without enclosures "E" = Copy with enciosures "N" = No copy RIV DNMS:NMi&FC/DB C'.NMi&FC/DB RABrown wsw ( &\\J DBSD'tzberg7)C 12(/97 12i//97 OFFICIAL RECORD COPY

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- !i November 24,1997

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,g Go U.S Nuclear Regulatory Commission ATTN: Document Controi Desk Washington, D.C. 20555 SUBJECT: " Reply to a Notice of Violation" Docket No. 150-00033 On November 6,1997, Mr, Robert A. Brown with the Region IV NRC conducted an inspection and review of activities conducted in areas under NRC jurisdiction. These activities are authorized under the general license pursuant to 10 CFR 150,20 and the conditions of North Dakota Radioactive Material License 33-32610-01.

During the inspection, the violation cited is:

10 CFR 34.47 (a) (1) requires that pocket dosimeters have a range from zero to 2 millisieverts (200 millirems).

Contrary to the above, on August 6,1997, ETI Ewer Testing and Inspection Inc performed radiography using a pocket dos! meter having a range of zero to 5 millisieverte (500 miliirems).

This is a Severity Level IV violation (Supplement VI).

During our review and cause for the reason of this violation, it appears that the current 10 CFR Part 34 that we had on file states " Pocket dosimeters must have a range from zero to at least 200 milliroentgens ..," Furthermore, the current North Dakota Rules and Regulations state the same of at least a range from zero to at least 200 milliroentgens.

The revised Part 34 dated May 30,1997, was not on file until the inspection and review by Mr. Robert A. Brown where paragraph 34.47 (a)(1) states " Pocket dosimeters must have a range from zero to 2 millisieverts (200 millirems) . ." where he provided us with a copy of the most recent Part 34.

As of November 24,1997, a zero to 2 millisieverts (200 millirems) dosimeter Model 862 manufactured by Dosimeter Corporation of America has been ordered from North Star imaging - St Paul, Minnesota and should arrive within a week for use in NRC jurisdiction as required t2y Part 34.

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U.S. Nuclear Regulatory Commission Date: November 24,199 -

Page.2 By December 8,1997, or before a smalier range dosimeter of zero to 200 millirems with g verification of cabbration will be available for use as required.

It was assumed that the NRC automatically issued the new and revised changes to the Rules and Regulations since we have paid the required fees along with NRC Form 241 REPORT OF PROPOSED ACTIV: TIES IN NON AGREEMENT STATES. It will be necessary for us to contact the NRC to determine if any new or revised regulations have been issued during the coarse of our yearly reciprocity w we can review for any changes to avoid furthor violations.

5 As previously stated, by December 8,1997 we will be in full compliance.

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If you have any questions concerning this reply please do not hesitate to contact me at 701-223 4434.

Sincerely,

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L L'(,(/ 'I Larry R wer, President, RSO cc Regional Administrator, Arlington TX

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