IR 015000005/2023001

North American Testing, Inc. - NRC Inspection Report 15000005/2023001

ML23333A860
Person / Time
Site:	15000005, 015000005
Issue date:	12/13/2023
From:	Tamara Bloomer NRC/RGN-IV/DRSS
To:	Forster E North American Testing
References
EA-23-136 IR 2023001
Download: ML23333A860 (12)

Text

SUBJECT:

NORTH AMERICAN TESTING, INC. - NRC INSPECTION REPORT 150-00005/2023-001

Dear Erik J. Forster:

This letter refers to the inspection that was performed on June 28, 2023, at a temporary job site on Buckley Space Force Base, Colorado, with continued in-office review through November 27, 2023. The inspection was conducted to examine activities conducted under your general license pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 150 as they relate to public health and safety and to confirm compliance with the U.S. Nuclear Regulatory Commission (NRC) rules and regulations. Within these areas, the inspection consisted of an examination of selected procedures and representative records, observation of licensed activities, independent radiation measurements, and interviews with personnel. The enclosed report presents the results of this inspection. The inspector discussed the preliminary inspection findings with you on October 11, 2023. A final exit briefing was conducted via teleconference with Ben DeMeter, Radiation Safety Officer, on November 29, 2023.

Based on the results of this inspection, 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 NRC website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The apparent violation involves the failure to file an initial NRC Form 241, Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters, prior to performing licensed activities in areas of exclusive Federal jurisdiction for calendar year (CY) 2023 and the failure to notify the NRC of all work locations in exclusive Federal jurisdiction in CY 2023. The circumstances surrounding the apparent violation, the significance of the issues, and the need for lasting and effective corrective action were discussed with Ben DeMeter during the exit meeting on November 29, 2023.

Before the NRC makes its enforcement decision, we are providing you 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; (2) request a predecisional enforcement conference (PEC); or (3) request alternative dispute resolution (ADR) mediation. 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 December 13, 2023 the conference. Please contact Dr. Lizette Roldán-Otero, Chief, Materials Inspection Branch, at 817-200-1455 or Lizette.Roldan-Otero@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, participate in a PEC, or pursue ADR. A PEC should be held within 30 days and an ADR session within 45 days of the date of this letter.

If you choose to provide a written response, it should be clearly marked as a Response to Apparent Violations in NRC Inspection Report 150-00005/2023-001; EA-23-136 and should include for the apparent violation: (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 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 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, TX 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 lieu of a PEC or written response, you may request ADR with the NRC in an attempt 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 decided to employ is mediation. Mediation is a voluntary, informal process in which a trained 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 obtained at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRC's program as a neutral third party. Please contact the Institute on Conflict Resolution at 877-733-9415 within 10 days of the date of this letter if you are interested in pursuing resolution of this issue through ADR.

Alternative dispute resolution sessions are not conducted with public observation though the outcome of the ADR agreement is made public.

In addition, please be advised that the number and characterization of 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 on our deliberations in this matter.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter, and 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.

If you have any questions concerning this matter, please contact Dr. Lizette Roldán-Otero of my staff at 817-200-1455.

Sincerely, Tamara Bloomer, Director Division of Radiological Safety & Security Docket No.: 150-00005 License No.: General license pursuant to 10 CFR 150.20 Enclosure:

NRC Inspection Report 150-00005/2023-001 cc w/Enclosure:

James Grice, Manager Radiation Control Program Hazardous Materials and Waste Management Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Signed by Bloomer, Tamara on 12/13/23