ML20137X355

Insp Rept 1500009/97-02 on 970317.No Violations Noted.Major Areas Inspected:Licensee Activities in States in NRC Jurisdiction

ML20137X355
Person / Time
Issue date:	04/16/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20137X352	List: ML20137X345 ML20137X355
References
1500009-97-02, 1500009-97-2, NUDOCS 9704220002
Download: ML20137X355 (6)

See also: IR 015000009/1997002

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U. S. NUCLEAR REGULATORY COMMISSION I

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REGION II

. Docket No.: 150-00009 ,

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License No.: General License (10 CFR 150.20)

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j Report No.': 150 00009/97 02

f Licensee: Radiation Consulting Associates, Inc.

Location: Hialeah Gardens, Florida I

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Date: March'17, 1997 l

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Inspectors: John H. Pelchat Health Physicist

Lee A. Franklin, Radiation Specialist

! Approved by: Thomas R. Decker, Acting Chief

Materials Licensing / Inspection Branch I

Division of Nuclear Materials Safety

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Enclosure 1 l

9704220002 970416 7

PDR STPRO ESOFL

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EXECUTIVE SUMMARY

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Radiation Consulting Associates Inc.

NRC Inspection Report 150 00009/97-02

This special, unannounced inspection was conducted to evaluate the licensee's

activities as they related to the relocation of fixed gauging devices and

sealed source leak testing conducted in areas of Nuclear Regulatory Commission

(NRC) jurisdiction. Through discussions with cognizant company

representatives, and reviews of documents, the inspectors found that Radiation

Consulting Associates, Inc. (RCAI) had used byproduct material in areas of NRC

jurisdiction without a general or specific NRC license. The scope of the

inspection was limited to a review of the licensce's activities in states in

NRC jurisdiction.

. RCAI has a State of Florida license to possess and use radioactive

material incident to the analysis of sealed source leak test and

contamination samples, and for the calibration of radiation survey

instruments. The use of licensed radioactive materials occurred at

temporary job sites of RCAI throughout the State of Florida. Use of

licensed materials also occurred in Minnesota and New Jersey, areas of

NRC jurisdiction as well as in Colorado, Georgia, Kansas, Louisiana,

Oregon, Tennessee, and Texas, all of which are Agreement States.

. The inspectors identified a potential violation regarding RCAI's failure

to file for reciprocity under 10 CFR 150.20 prior to removing fixed

gauging devices from service at an Owens Corning facility in

Minneapolis, Minnesota, an area of NRC jurisdiction. It was further

determined that the Florida license under which this activity was

conducted did not autMrize the relocation or removal of fixed gauges.

. The inspectors identified a potential violation regarding RCAI's failure ,

to file for reciprocity under 10 CFR 150.20 3rior to collecting leak i

test samples at Owens Corning facilities in (earny, New Jersey and in

Minneapolis, Minnesota, areas of NRC jurisdiction.

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REPORT DETAILS  ;

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01. Activities in States in NRC Jurisdiction (87100)

The licensee's activities were inspected for compliance with the

following NRC requirements:

o 10 CFR 30.3 requires in part, that no person shall possess or use

byproduct material exceat as authorized by a specific or general

license issued by the NRC.

. 10 CFR 150.20(a) provides in part, that any person who holds a

specific license from an Agreement State is granted an Nuclear

Regulatory Commission (NRC) 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 non Agreement States shall, at least 3 days before

engaging in such activity, file 4 copies of NRC Form 241, " Report

of Proposed Activities in Non-Agreement States," with the Regional

Administrator of the appropriate NRC regional office.

o Items 9.A - H. of Florida License No. 677-1, issued to Radiation

Consulting Associates, Inc. (RCAI), in part, authorize the

possession and use of licensed radioactive materials incident to

the analysis o 'aled source leak test and contamination samples,

for the calibrativ,. of radiation survey instruments, and for

storage only.

Findinas:

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During the first week of January 1997, an inspector from the NRC's

Region III office conducted a routine inspection at the Owens Corning

fiberglass plant in Minneapolis, Minnesota. The Owens Corning facility

is an NRC licensee (License No. 34 18712 01). The inspector's review of

records revealed that Mr. Rick Case of Rick Case Consulting & Services,

Inc., located in Edmond, Oklahoma performed leak tests on a fixed gauge

on several occasions under Florida License No. 677-1, issued to

Radiation Consulting Associates, Inc. (RCAI). The inspector also noted

that at the request of Owens Corning personnel, Mr. Case removed the

fixed gauge from the licensee's production line and placed it into a

shipping container. The NRC license issued to Owens Corning

specifically requires that a person relocating or removing a fixed gauge l

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must be specifically licensed by the NRC or an Agreement State to

perform such activities.

Region III staff reviewed reciprocity records and found that neither

Mr. Case nor RCAI had filed for reciprocity with the Region III office.

Region II reciprocity records were reviewed and revealed that neither

Mr. Case or RCAI had filed for reciprocity with the Region II office.

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On March 17, 1997, the inspectors conducted an inspection of Radiation

i Consulting Associates, Inc.'s (RCAI) activities in areas of NRC

< jurisdiction. From discussions with the President / Radiation Safety

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Officer (RS0) and review of licensee records, the inspectors determined

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that RCAI had a State of Florida radioactive materials license to

possess and use radioactive materials incident to collection and

analysis of leak tests, the performance of shielding evaluations, the

storage of certain devices containing radioactive materials and the

calibration of radiation survey instruments.

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Through discussions and reviews of leak test analysis records, the

inspectors determined that RCAI had conducted licensed activities in

Kearny, New Jersey and in Minneapolis, Minnesota, areas in NRC

jurisdiction on the following occasions

Date Location Tvoe of Activity

February 3, 1997 Kearny, New Jersey leak test

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December 28, 1996 Minneapolis, Minnesota leak test and

gauge removal

October 11, 1996 Kearny, New Jersey leak test

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December 11, 1995 Minneapolis, Minnesota leak test

! June 26, 1995 Minneapolis, Minnesota leak test

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December 11, 1995 Minneapolis, Minnesota leak test

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June 26, 1995 Minneapolis, Minnesota leak test

April 24, 1994 Minneapolis, Minnesota leak test

July 2,1992 Minneapolis, Minnesota leak test

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April 2, 1992 Kearny, New Jersey leak test

All of the above listed work was performed by Mr. Case. The RSO stated

that all of his other licensed activity work at temporary job sites was

limited to the State of Florida and the Bahamas. In addition to the

work listed above, the inspectors' review of records indicated that

Mr. Case had performed licensed activity in several Agreement States

including Colorado, Georgia, Kansas, Louisiana, Oregon Tennessee, and

Texas. The RSO stated that Mr. Case paid RCAI for the analysis of the

leak test samples.

The inspectors reviewed the NRC's reciprocity requirements with the RSO

and explained that an Agreement State licensee was required to file for

reciarocity prior to conducting licensed activities in areas where the

NRC 1ad jurisdiction for regulating the use of licensed materials. The

RSO stated several times that he was not aware of this requirement. The

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RSO further stated that it was his belief that his Florida license

smcifically authorized reciprocity work in Agreement States and states

w1ere the NRC had jurisdiction for regulating the use of licensed

materials. Condition 10.C of Florida License No. 677-1 states: "This

condition does not prohibit use in other agreement states and states .

under the jurisdiction of the Nuclear Regulatory Commission (NRC) under I

reciprocity which has been approved by an agreement state or the NRC."

The inspectors clarified the specific requirement to notify the NRC

prior to conducting licensed activity in NRC stctes. Based on these

discussions with the RCAI RSO and review of records, the inspectors

determined that RCAI had not filed for reciprocity to conduct licensed

activities in New Jersey and Minnesota, areas of NRC jurisdiction. 4

Failure of RCAI to file for reciprocity prior to conducting licensed

activities in areas of NRC jurisdiction was identified as an potential

violation with regard to the requirements of 10 CFR 30.3.

The RS0 indicated that he was not aware of Mr. Case's removal of the

fixed gauges until after the fact when he was contacted on about

February 7,1997, by the Region II Agreement State Officer concerning

the matter. Interviews of the RSO and review of licensee records

indicated that on October 8,1991, RCAI requested that their license be

amended to add Mr. Case as an authorized user to perform leak tests. I

Included in the amendment request was a letter from Mr. Case to the RS0 1

dated September 30, 1991. Mr. Case's letter was not specific to the ,

activities he would be conascting. The RSO added that he had only l

communicated with Mr. Case by telephone and letter, and that he had  ;

never physically met Mr. Case. The amendment request included a copy of  ;

Mr. Case's resume. Review of Mr. Case's resume indicated he had

training and experience in the use of fixed gauging devices including

the installation, leak testing, maintenance, survey, and removal of

fixed gauging devices.

Review of records and discussions with licensee and State of Florida .

Office of Radiation Control personnel indicated that on January 26, I

1993, RCAI requested that their State of Florida radioactive materials i

license be amended to " permit Mr. Case to exchange source holders on

beta gauges." On February 5,1993, the State of Florida issued a

deficiency letter requesting additional information regarding RCAI's i

normal and emergency operating procedures for installing fixed gauge

sources. In a letter dated April 30, 1993. RCAI stated that Mr. Case l

had not provided normal and emergency procedures and asked that the I

request for'this authorization be put on hold. Based on these

discussions with the RCAI RS0, review of records, and the information

provided by the Region III inspector, the inspectors determined that an

authorized user on the RCAI license removed a fixed gauging device from

service, an activity not authorized on RCAI's license. Failure of RCAI

to limit licensed activities in NRC jurisdiction to those authorized on

its Agreement State license was identified as an potential violation

issued with regard to the requirements of 10 CFR 30.3.

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EXIT MEETING SUMMARY

An exit meeting was held with the RCAI representatives on March 17, 1997. The

overall findings from the inspection, including the potential violations were

discussed. No dissenting comments were received from RCAI representatives,

and RCAI did not specify any information reviewed during the inspection as

proprietary in nature.

LIST OF PERSONS CONTACTED

Licensee  ;

D. Henker, President and Radiation Safety Officer

State of Florida

M. Stevens. Office of Radiation Control

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INSPECTION PROCEDURES USED l

IP 87100: Licensed Materials Program

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ITEMS OPENED, CLOSED, AND DISCUSSED

OPENED

97 001 VIO FAILURE TO RESTRICT ACTIVITIES IN NRC JURISDICTION TO THOSE

SPECIFICALLY AUTHORIZED ON AN AGREEMENT STATE LICENSE

97-002 VIO FAILURE TO FILE RECIPROCITY WITH NRC RII 0FFICE

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