IR 015000027/1997001

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Discusses Insp Rept 15000027/97-01 on 970930-1125 & Forwards Notice of Violation Re Failure to Comply w/10CFR30.3
ML20199K749
Person / Time
Site: 015000027
Issue date: 02/04/1998
From: Scarano R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Westhoff T
AFFILIATION NOT ASSIGNED
Shared Package
ML20199K754 List:
References
15000027-97-01, 15000027-97-1, EA-97-614, NUDOCS 9802090012
Download: ML20199K749 (4)


Text

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February 4, 1998 EA 97-614 Thomas Radiation Safety Officer Westec, Inc.

1595 Meadow Wood Lane Reno, Nevada 89502 SUBJECT: NRC INSPECTION REPORT 150-00027/97-01 AND NOTICE OF VIOLATION

Dear Mr. Westhoff:

From September 30,1997, to November 25,1997, the NRC completed an investigation at Westec, Inc.'s (Westec) facility in Reno, Nevada. The purpose of the investigation was to determine whether activities conducted by Westec in Alaska were conducted safely and in accordance with NRC requirements. The findings of the investigation were discussed with you during a telephonic exit briefing on January 28,1998.

The investigation focused on activities reMting te the use of portable nuclear gauges containing i byproduct materialin Alaska, an area where the NRC maintains jurisdiction for regulating the use of byproduct material. The investigation included interviews of you and members of your staff, and a review of pertinent documents maintained by Westec.

Based on the investigation findings, one violation was identified. The violation involved Westec's failure to comply with 10 CFR 30.3 which requires, in part, that except for persons exempt as provided in 10 CFR Paris 30 snd 150, no person shall possess or u3e byproduct material except as authorized in a specific or generallicense issued pursuant to Title 10 Chapter 1, of the Code of Federal Regulations. The investigation determined that Westec, a Nevada licensee, performed measurements using portable nuclear gauges in Alaska during calendar year 1997 without authorization under either a general or specific NRC license. This violation has been categorized at Severity Level IV because it appeared to be an isolated occurrence and because Westec subsequently notified the NRC of its activities in Alaska after you were notified by a representative of the Nevada Bureau of Health Services that Alaska is an area where NRC maintains jurisdiction for regulating the use of byproduct material. However, should similar violations occur in the future, escalated enforcement will be considered.

This violation is cited in the enclosed Notice of Violation (Notice). Please note that you are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. For your consideration and convenience, NRC Information Notice 96-28, " SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND IMPLEMEN TATION OF CORRECTIVE ACTION,"is enclosed. The NRC will use pur response, in part, to determine whether further enforcement action is necessary to ensure compiiance with regulatory requirements.

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Westec, Inc. 2 In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosure will be placed in the NRC Public Document Room.

Should you have any questions concoming this letter or its enclosures, please contact -

Mr. R. A. Brown at (817) 860-8130 or Dr. D. Bla!r Spitzberp at (817) 860-8191.

Sincerely, I

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Ross A. Scarano, Director Division of Nuclear Materials Safety Docket No.: 150-00027 License No.: Nevada 00-110197-01 Enclosures:

1. Notice of Violation l - 2. NRC Information Notice 96-28 cc w/ Enclosure 1:

Nevada Radiation Control Program Director

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