ML18278A229

EA-18-102 - Midwest Engineering and Testing Corporation, NRC Inspection Report 150-00035/2018-001 and Notice of Violation

ML18278A229
Person / Time
Site:	15000035
Issue date:	10/04/2018
From:	Hay M NRC Region 4
To:	Marakah N Midwest Engineering & Testing Corp
References
EA-18-102 IR 2018001
Download: ML18278A229 (5)

See also: IR 05000035/2018001

Text

October 4, 2018

EA-18-102

Mr. Nasir Marakah

President / Radiation Safety Officer

Midwest Engineering and Testing Corporation

2025 S. Nicklas, Suite 115

Oklahoma City, Oklahoma 73128

SUBJECT: NRC INSPECTION REPORT 150-00035/2018-001 AND NOTICE OF

VIOLATION

Dear Mr. Marakah:

This letter refers to our in-office inspection conducted between May 8 and October 4, 2018. The

purpose of the inspection was to review activities performed under your U.S. Nuclear

Regulatory Commission (NRC) general license, which was granted under Title 10 of the Code of

Federal Regulations (10 CFR) 150.20, Recognition of Agreement State Licenses, to ensure

compliance in accordance with NRC requirements. The inspector discussed the preliminary

inspection findings with you on July 16, 2018. A final exit briefing was conducted telephonically

with you on October 4, 2018.

During this inspection, the NRC staff examined activities conducted under your general license

as they relate to public health and safety and to the security of licensed material. Additionally,

the staff examined your compliance with the Commissions rules and regulations. Within these

areas, the inspection consisted of a review of representative records and telephonic and

electronic communications.

Based on the results of this inspection, the NRC has determined that one Severity Level IV

violation of NRC requirements occurred. The violation is cited in the enclosed Notice of

Violation (Notice). The violation involved the failure to file a submittal containing an NRC

Form 241, a copy of the Agreement State specific license, and the appropriate fee with the

appropriate regional office 3 days prior to engaging in licensed activities in areas of exclusive

Federal jurisdiction. The violation was evaluated in accordance with the NRC Enforcement

Policy. The current Policy is located on the NRCs website at https://www.nrc.gov/about-

nrc/regulatory/enforcement/enforce-pol.html. The violation is cited in the enclosed Notice of

Violation (Notice) with a description of the circumstances surrounding the violation.

In accordance with the NRC Enforcement Policy, a Severity Level III violation was considered

for the failure to file an NRC Form 241 prior to engaging in licensed activities in NRC

jurisdiction. However, in this case, several factors were considered to disposition this violation

as a Severity Level IV violation. The factors included: (1) the licensed activity was not of a type

designated as a NRC Priority 1, 2, or 3 inspection; (2) the licensee had appropriately filed an

NRC Form 241 in previous years, and had no past history of violating the requirement; (3) the

N. Marakah 2

facts of this specific case would not have resulted in the NRC conducting an onsite inspection;

(4) the licensee self-identified and reported the failure to file; (5) there was a very low safety

significance associated with the failure; and (6) the licensee has a clear inspection history with

the Agreement State.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. If you have additional information that you

believe the NRC should consider, you may provide it in your response to the Notice. The NRC

review of your response to the Notice will also determine whether further enforcement action is

necessary to ensure compliance with regulatory requirements.

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

copy of this letter, its enclosures, and your responses, will be made available electronically

for public inspection in the NRC Public Document Room or from the NRCs Agencywide

Documents Access and Management System (ADAMS), accessible from the NRC Web site 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.

Should you have any questions concerning this inspection, please contact Michelle Hammond

of my staff at 817-200-1127 or the undersigned at 817-200-1455.

Sincerely,

/RA/

Michael Hay, Chief

Materials Licensing & Inspection Branch

Docket No. 150-00035

License: 10 CFR 150.20

Enclosure: Notice of Violation

cc (w/Enclosure):

Mike Broderick, Manager

State of Oklahoma Radiation Control

Program

ML18278A229

SUNSI Review: ADAMS: Non-Publicly Available Non-Sensitive Keyword:

By: ABB Yes No Publicly Available Sensitive

OFFICE MLIB C:MLIB TL:ACES OE NMSS C:MILB

NAME ABolger MHay MVasquez SHoliday RSun MHay

SIGNATURE /RA/ /RA/ /RA/ JGK for /RA/ E /RA/ E /RA/

DATE 10/4/18 09/17/18 09/21/18 10/02/18 10/03/18 10/4/18

NOTICE OF VIOLATION

Midwest Engineering and Testing Corporation Docket No. 150-00035

Oklahoma City, Oklahoma License No. 10 CFR 150.20

EA-18-102

During an NRC in-office inspection conducted between May 8 and October 4, 2018, 2018, a

violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy,

the violation is listed below:

10 CFR 30.3(a) requires, in part, that no person shall receive, acquire, own, possess, or use

byproduct material except as authorized in a specific or general license issued in

accordance with the regulations in 10 CFR Chapter I.

10 CFR 150.20(a)(1) requires, 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.

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 NRC regional office.

Contrary to the above, from January 25 - May 1, 2018, Midwest Engineering and Testing

Corporation, a licensee of the State of Oklahoma, engaged in activities in exclusive Federal

jurisdiction within an Agreement State without filing 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, Midwest Engineering and Testing Corporation performed

licensed activities at Tinker Airforce Base, Oklahoma beginning on January 25, 2018, but

did not file a submittal containing an NRC Form 241, a copy of its Agreement State specific

license, and the appropriate fee until May 8, 2018. Since work was performed in Federal

jurisdiction beginning on January 25, 2018, the licensee was required to provide this

information to the NRC on or before January 22, 2018.

This is a Severity Level IV violation (NRC Enforcement Policy Section 6.9).

Pursuant to the provisions of 10 CFR 2.201, Midwest Engineering & Testing Corporation is

hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory

Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to the

Regional Administrator, Region IV, 1600 E. Lamar Blvd., Arlington, TX 76011-4511, within 30

days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be

clearly marked as a Reply to a Notice of Violation; EA-18-102 and should include for each

violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or

severity level; (2) the corrective steps that have been taken and the results achieved; and (3)

the corrective steps to prevent reoccurrence. Your response may reference or include previous

docketed correspondence, if the correspondence adequately addresses the required response.

Enclosure

Your response may reference or include previous docketed correspondence, if the

correspondence adequately addresses the required response. If an adequate reply is not

received within the time specified in this Notice, an order or a Demand for Information may be

issued as to why the license should not be modified, suspended, or revoked, or why such other

action as may be proper should not be taken. Where good cause is shown, consideration will

be given to extending the response time.

If you contest this enforcement action, you should also provide a copy of your response, with

the basis for your denial, to the Director, Office of Enforcement, United States Nuclear

Regulatory Commission, Washington, DC 20555-0001.

Because your response will be made available electronically for public inspection in the NRC

Public Document Room or from the NRCs Agencywide Documents Access and Management

System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-

rm/adams.html, to the extent possible, it 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 withholding of such material, you must specifically identify the portions of your

response that you seek to have withheld and provide in detail the bases for your claim of

withholding (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 may be required to post this Notice within 2 working days

of receipt.

Dated this 4th day of October 2018

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