ML20246M188
| ML20246M188 | |
| Person / Time | |
|---|---|
| Issue date: | 05/05/1989 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20246M109 | List: |
| References | |
| EA-89-015, EA-89-15, NUDOCS 8905190064 | |
| Download: ML20246M188 (4) | |
Text
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l MAY -51989
]
NOTICE OF YIOLATION q AND PROPOSED IMPOSITION OF-CIVIL PENALTY Cornish Wireline Service, Inc. Docket No. 30-20326
.Chanute,' Kansas License No. 15-23161-01 l EA 89-15 During a Nuclear Regulatory Comission (NRC) inspection conducted on December 14, 1988, and February 1, 1989, violations of NRC requirements were
. identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, 53 Federal Register
'40019 (October 13,1988), the Nuclear Regulatory Comission proposes to impose enalty pursuant to Section 234 of the Atomic Energy Act of 1954, as a civil p(Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and amended associated civil penalty are set forth below:
I. Violation Assessed a Civil Penalty 10 CFR 39.65(a) states, in part, that the licensee may not permit an individual to act as a logging supervisor or logging assistant unless that person. wears, at all times during the handling of licensed radioactive materials, either a film badge'or a thermolysin.escent dosimeter (TLD).
Contrary to the above, from February 1987 to September 198'8 the licensee willfully permitted individuals working as either a logging supervisor or a logging assistant to handle licensed radioactive materials without wearing film badges or TLDs.
This is a Severity Level III violation. (Supplement VI)
Civil Penalty - $500.
II. Violations Not Assessed a Civil Penalty A. License Condition 10 states, in part, that licensed material may be used at Cornish Wireline Service, Inc., 511 East Gum, Henryetta, Oklahoma, and at temporary job sites.
Contrary to the above, in November and December of 1988, after the licensee had discontinued the use of its permanent field office in Henryetta, Oklahoma, the licensee had conducted licensed activities near Hominy, Oklahoma, under the reciprocity provisions of 10 CFR 150.20. This location was neither a temporary job site nor an 8905190064 890505 3
MAY -51989 l Notice of Violation [
authorized field station, as defined in NRC regulations., (Since 10 CFR 150.20 is not intended to be used by licensees to circumvent the controlling specific NRC license conditions applicable to their activities in non-agreement states, this is a violation of License Condition 10.)
This is a Severity Level IV violation. (SupplementVI)
B. 10 CFR 39.33(a) states, in part, that the licensee shall keep a calibrated and operable radiation survey instrument to make the radiation surveys required by Parts 20.and 39, th 10CFR39.33(c)(1) instrument required bystates,inpart,(a)attheradiationsurvey 10 CFR 39.33 shall be calibrated at intervals not to exceed 6 months.
Contrary to the above, the licensee's G. E. Smith survey instrument, Model GS-1000A, Serial Number 1488, was calibrated on November 2, 1987, and again on June 8,1988, a period which exceeds 6 months.
This survey instrument was used on May 12 and 23, 1988, when the meter was beyond the 6-month calibration period.
This is a Severity Level IV violation. (SupplementVI)
C. 10CFR39.35(c) states,inpart,thatthelicenseeshalltesteach sealed source for leakage at intervals not to exceed 6 months.
Contrary to the above, the licensee had been using a Gulf Nuclear, Model NEE-AmBe-71-1, Serial Number 71-1-42-0B, sealed source containing 3 curies of americium-241 that had been leak tested on April 15, 1987, but not again until December ?, 1987, a period which ,
1 exceads 6 months.
This is a Severity Level IV violation. (SupplementVI)
D. 10CFR39.39(a)(1) states,inpart,thatthelicenseeshallmaintain records for each use of licensed material showing the make and modei number of each sealed source used.
Contrary to the above, since July 20, 1987, the date of the last !
inspection, none of the licensee's use records contained the make or the model number of each sealed source used.
This is a Severity Level V violation. (SupplementVI) i l
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MAY - 51989 l Notice of Violation l l
Pursuant to the provisions of 10 CFR 2.201, Cornish Wireline Service, Inc.,
(Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a
" Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should net be taken. Consideration may be oiven to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission. Should the Licensee fail to. answer within the time specified, an crder imposir.g the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2,205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an
" Answer to a Notice of Violation" and may: (1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Secticn V.B of 10 CFR Part 2, Appendix C, shculd be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or ex.planation in reply pursuant to 10 CFR 2.201, but may incorporate perts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
MAY -5 l989 0 , . ,
Notice of Violation The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty and answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Comission, Region IV.
FOR THE, NUCLEAR REGULA, TORY COMMISSION
's tb , b.ft' .-
Robert D. Martin Regional Administrator Dated at Arlington, Texas, This 5th day of May 1989 i
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