ML22320A534
| ML22320A534 | |
| Person / Time | |
|---|---|
| Site: | 15000035 |
| Issue date: | 11/17/2022 |
| From: | Mary Muessle NRC Region 4 |
| To: | Joel Jenkins A & M Engineering & Environmental Services |
| References | |
| EA-22-092 IR 2022001 | |
| Download: ML22320A534 (9) | |
See also: IR 015000035/2022001
Text
November 17, 2022
Jeffrey L. Jenkins
Corporate Safety and Health Officer
A & M Engineering and Environmental Services, Inc.
10010 East 16th Street
Tulsa, OK 74128
SUBJECT: A & M ENGINEERING AND ENVIRONMENTAL SERVICES, INC - NRC
INSPECTION REPORT 150-00035/2022-001
Dear Jeffrey Jenkins:
This letter refers to the in-office review conducted from June 7 through September 16, 2022.
The purpose of the review was to evaluate your request for U.S. Nuclear Regulatory
Commission (NRC) approval to perform licensed activities in a Non-Agreement State for
calendar year 2022. The enclosed report presents the results of this review. The preliminary
results of the review were discussed with your staff at the conclusion of the in-office review. A
final exit briefing was conducted telephonically with you, Jeff S. Wormser, Director of Civil and
Remediation Services, and Emelia Brooks-Sisco, Senior Project Manager on November 10,
2022.
Based on the results of this review, 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 NRCs website at http://www.nrc.gov/about-
nrc/regulatory/enforcement/enforce-pol.html. The apparent violation involved the failure to
obtain NRC approval to work in a Non-Agreement State prior to conducting licensed activities in
Missouri, as required by Title 10 of the Code of Federal Regulations (10 CFR) 150.20. The
circumstances surrounding this apparent violation, the significance of the issues, and the need
for lasting and effective corrective action were discussed with you at the inspection exit meeting
on November 10, 2022.
In addition, since you identified the violation and your facility has not been the subject of
escalated enforcement actions within the last two inspections, and based on our understanding
of your corrective action, a civil penalty may not be warranted in accordance with Section 2.3.4
of the Enforcement Policy. The final decision will be based on you confirming on the license
docket that the corrective actions previously described to the NRC staff have been or are being
taken.
Before the NRC makes its enforcement decision, we are providing you an opportunity to
(1) respond in writing to the apparent violation addressed in this inspection report within 30 days
of the date of this letter, or (2) request a predecisional enforcement conference (PEC). If a PEC
is held, it will be open for public observation and the NRC may issue a press release to
J. Jenkins 2
announce the time and date of the conference. Please contact Neil OKeefe at 817-200-1156
within 10 days of the date of this letter to notify the NRC of your intended response to either
provide a written response or participate in a PEC. A PEC should be held within 30 days of the
date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to An
Apparent Violation in NRC Inspection Report 150-00035/2022-001; EA-22-092 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 (or has been) achieved. Your response may reference or include previously
docketed correspondence if the correspondence adequately addresses the required response.
Additionally, your written response, should you choose to provide one, should be sent to the
U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington,
DC 20555-0001, with identical copies mailed to Mary Muessle, Director, Radiological Safety and
Security, Region IV, 1600 East Lamar Boulevard, Arlington, TX 76011, and emailed to
R4Enforcement@nrc.gov within 30 days of the date of this letter. 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 action, 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 addition, please be advised that the number and characterization of apparent violations
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 of our deliberations on this matter.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure,
a copy of this letter, 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 NRCs 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.
J. Jenkins 3
If you have any questions concerning this matter, please contact Neil OKeefe of my staff
at 817-200-1156.
Sincerely,
Signed by Muessle, Mary
on 11/17/22
Mary C. Muessle, Director
Division of Radiological Safety and Security
Docket No. 150-00035
License No. General License
pursuant to 10 CFR 150.20
Enclosure:
NRC Inspection Report 150-00035/2022-001
cc w/Enclosure:
Michael Broderick
Environmental Program Manager II
Oklahoma Environmental Agency
SUNSI Review: ADAMS: Non-Publicly Available Non-Sensitive Keyword:
By: CCA Yes No Publicly Available Sensitive NRC-002
OFFICE HP:MLB C:MLB TL:ACES RC:ORA D:DRSS
NAME CAlldredge NOKeefe JGroom DCylkowski MMuessle
SIGNATURE /RA/ E /RA/ E /RA/ E /RA/ E /RA/
DATE 10/25/22 10/27/22 10/21/22 10/26/22 11/17/2022
U.S. NUCLEAR REGULATORY COMMISSION
REGION IV
Docket No.: 150-00035
License No.: General License pursuant to 10 CFR 150.20
Inspection Report No.: 150-00035/2022-001
Licensee: A & M Engineering and Environmental Services, Inc.
Location Inspected: In-Office Review
In-Office Review Dates: June 7 through September 16, 2022
Exit Meeting Date: November 10, 2022
License Reviewer: Casey Alldredge, Health Physicist
Latischa Hanson, Health Physicist
Materials Licensing Branch
Division of Radiological Safety and Security, Region IV
Approved By: Neil OKeefe, Chief
Materials Licensing Branch
Division of Radiological Safety & Security, Region IV
Attachment: Supplemental Inspection Information
Enclosure
EXECUTIVE SUMMARY
A & M Engineering and Environmental Services, Inc.
NRC Inspection Report 150-00035/2022-001
On June 7, 2022, the U.S. Nuclear Regulatory Commission (NRC) Region IV office received
from A & M Engineering and Environmental Services, Inc (A & M or licensee) an initial NRC
Form 241 dated May 18, 2022, and the application fee for proposed activities in NRC jurisdiction
under the authority of the general license pursuant to Title 10 of the Code of Federal
Regulations (10 CFR) 150.20. The NRC reviewed the purposed request from June 7, 2022
through September 16, 2022. This report details the findings of this review.
Program Overview
A & M is authorized under State of Oklahoma License OK-27445-01 to possess and use
byproduct material, including cesium-137 and americium-241, for use in portable gauging
devices for measuring physical properties of materials. (Section 1)
Inspection Findings
As a result of this in-office review, one apparent violation was identified concerning the
failure to request prior NRC approval for reciprocity for performing licensed activities in the
Non-Agreement State of Missouri for calendar year 2022 in accordance with
10 CFR 150.20(b)(1). (Section 3)
Corrective Actions
Upon identification by the licensee that they needed to apply for reciprocity, A & M submitted an
initial NRC Form 241 dated May 18, 2022, the application fee, and a copy of the agreement
state license. Long term corrective actions include the addition of information regarding
reciprocity to annual training required for applicable A & M staff. (Section 4)
2
REPORT DETAILS
1 Program Overview (Inspection Procedure 87121)
1.1 Program Scope
A & M is authorized under State of Oklahoma License OK-27445-01 to possess and use
byproduct material, including cesium-137 and americium-241, for use in portable
gauging devices for measuring physical properties of materials. The licensee was
working in the State of Missouri and applied for a reciprocal agreement authorized by a
general license pursuant to 10 CFR 150.20 to perform licensed activities at temporary
job sites in a Non-Agreement State.
1.2 Inspection Scope
The purpose of this in-office review was to evaluate the request submitted by A & M to
perform activities in a Non-Agreement State in calendar year 2022.
2 Background
On May 18, 2022, A & M filed an NRC Form 241 describing an initial notification of
planned work activities in Missouri, a Non-Agreement State. Upon reviewing the
information submitted by the licensee, the Region IV license reviewer determined that
A & M worked in Missouri on multiple dates prior to submitting an initial NRC Form 241
application, a copy of the agreement state license, and the appropriate fee for the work
to be performed in calendar year 2022. After further discussion with the licensee, the
license reviewer was informed that licensed material had arrived in a Non-Agreement
State and was stored there beginning on January 31, 2022.
3 Observations and Findings
During this review, one apparent violation of NRC requirements was identified as
follows:
Title 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 Non-Agreement States subject to the provisions of 10 CFR 150.20(b).
Title 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 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, from January 31, 2022, through May 18, 2022, A & M, a
licensee of the State of Oklahoma, engaged in activities in a Non-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,
3
A & M performed work with a portable gauge in two locations in Missouri, a
Non-Agreement State, and began storing material in the same Non-Agreement State on
January 31, 2022, but did not submit an NRC Form 241, a copy of its Agreement State
radioactive materials license, and the appropriate fee until May 18, 2022. Since the
material was stored in a Non-Agreement State beginning on January 31, 2022, the
licensee was required to provide this information to the NRC by January 28, 2022.
(150-00035/2022-001-01)
4 Corrective Actions
Upon identification by licensee personnel that they were required to apply for reciprocity,
A & M submitted an initial NRC Form 241 dated May 18, 2022, and the application fee,
and a copy of the agreement state license. Long-term corrective actions include the
addition of information regarding reciprocity requirements to annual training required for
applicable A & M staff.
5 Exit Meeting Summary
On November 10, 2022, the NRC held an exit meeting summary with you, Jeff S.
Wormser, Director of Civil and Remediation Services, and Emelia Brooks-Sisco, Senior
Project Manager. The licensee acknowledged the inspection findings and did not dispute
any of the details presented during the call.
4
Supplemental Inspection Information
PARTIAL LIST OF PERSONS CONTACTED
Jeffrey Jenkins, Radiation Safety Officer
ITEMS OPENED, CLOSED, AND DISCUSSED
Opened
150-00035/2022-001-01 AV Failure to file for reciprocity (10 CFR 150.20(b)(1))
Closed
None.
Discussed
None.
LIST OF ACRONYMS USED
10 CFR Title 10 of the Code of Federal Regulations
ADAMS Agencywide Documents Access and Management System
AV Apparent Violation
A&M A & M Engineering and Environmental Services, Inc.
NRC U.S. Nuclear Regulatory Commission
PEC Predecisional Enforcement Conference
Attachment