IR 015000012/2022004
| ML23194A053 | |
| Person / Time | |
|---|---|
| Site: | 15000012, 015000012 |
| Issue date: | 07/14/2023 |
| From: | Jason Draper NRC/RGN-III/DRSS/MIB |
| To: | Ahmad U NASHnal Soil Testing |
| Draper J | |
| References | |
| EN 56124, NMED 220426 IR 2022004 | |
| Download: ML23194A053 (15) | |
Text
SUBJECT:
NRC REACTIVE INSPECTION REPORT NO. 15000012/2022004(DRSS) AND NOTICE OF VIOLATION - NASHNAL SOIL TESTING, LLC
Dear Umar Ahmad:
This letter refers to the inspection conducted on September 29, 2022, at your Michigan City, Indiana, job site, with continued in-office review through June 28, 2023. The purpose of the inspection was to review the circumstances surrounding the theft of a portable moisture density gauge from your temporary job site storage location in Michigan City, Indiana, sometime between September 24, 2022, and September 26, 2022. This inspection also reviewed activities performed under your general license to conduct licensed activities in non-agreement states under 10 CFR 150.20(a)(1)(i) (reciprocity) using your State of Illinois License No. IL-02440-01.
The purpose of the in-office review was to review records that were not available at the time of the on-site inspection. This letter presents the results of the inspection. Jason Draper of my staff conducted a final exit meeting by telephone with you on June 28, 2023, to discuss the inspection findings.
The event being reviewed was reported to the Headquarters Operations Center by the State of Illinois on September 26, 2022 (Event Notification 56124). This notification was to inform the NRC that you had reported to the State of Illinois the theft of one of your portable moisture density gauges, a Troxler Model 3440 (Serial Number 29187) from a temporary job site storage location in Michigan City, Indiana.
This inspection examined activities conducted under your license as they relate to public health and safety, and to confirm compliance with the Commissions rules and regulations, and with the conditions of your license. Within these areas, the inspection consisted of selected examination of procedures and representative records, observations of activities, and interviews with personnel.
Based on the results of this inspection, the NRC has determined that one Severity Level IV violation of NRC requirements occurred concerning your failure to make a written report within 30 days after making a telephone report of the theft of licensed material, as required by Title 10 of the Code of Federal Regulations (CFR) Part 20.2201(b)(1).
July 13, 2023 The violation was evaluated 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 violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject narrative report. The violation is being cited in the enclosed Notice because the inspector identified it.
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 will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.
In accordance with the NRCs Rules of Practice in 10 CFR 2.390, a copy of this letter, its enclosure, and any response you provide will be made available electronically for public inspection in the NRCs Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, any response should not include any personal privacy, proprietary, or safeguards information so that it can be made publicly available without redaction.
Please feel free to contact Jason Draper of my staff if you have any questions regarding this inspection. Jason can be reached at 630-829-9839 or Jason.Draper@nrc.gov.
Sincerely, Rhex Edwards, Chief Materials Inspection Branch Division of Radiological Safety and Security Docket No. 150-00012 License No. IL-02440-01 Enclosures:
1. Notice of Violation 2. Inspection Report No. 15000012/2022004(DRSS)
cc w/encl: State of Indiana State of Illinois Signed by Edwards, Rhex on 07/13/23 Letter to from R. Edwards, dated July 13, 2023.
SUBJECT: NRC INSPECTION REPORT NO. 15000012/2022004(DRSS) - NASHNAL SOIL TESTING, LLC DISTRIBUTION w/encl:
Jack Giessner Mohammed Shuaibi Jared Heck Kimyata Morgan-Butler Diana Betancourt-Roldan Kenneth Lambert Darren Piccirillo MIB Inspectors ADAMS Accession Number: ML23194A053 OFFICE RIII-DRSS RIII-DRSS NAME JDraper REdwards DATE 7/13/2023 7/13/2023 OFFICIAL RECORD COPY
Enclosure 1 NOTICE OF VIOLATION NASHnal Soil Testing, LLC License No. IL-02440-01 Plainfield, IL Docket No. 150-00012 During a U.S. Nuclear Regulatory Commission (NRC) inspection conducted on September 29, 2022, with continued in-office review through June 28, 2023, one violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
A. Title 10 of the Code of Federal Regulations (10 CFR) Part 20.2201(b)(1) requires, in part, that each licensee required to make a report under paragraph (a) of this section shall, within 30 days after making the telephone report, make a written report setting forth certain information described in 20.2201(b)(1)(i) through (b)(1)(vi).
Contrary to the above, on September 26, 2022, the licensee was required to make a telephone report under paragraph (a)(1)(i) of this section for the theft of a portable nuclear gauge and failed to make a written report within 30 days of the telephone report.
Specifically, after it became known to the licensee on September 26, 2022, that a Troxler 3400 portable nuclear gauge (SN 29187) containing 8 millicuries of cesium-137 and 40 millicuries of americium-241:beryllium had been stolen, the licensee made a phone report to the State of Illinois on September 26, 2022, but did not make a written report to the NRC within 30 days that contained the information required by paragraphs (b)(1)(i)
through (b)(1)(vi).
This is a Severity Level IV violation. (Enforcement Policy 6.9.d.2)
Pursuant to the provisions of 10 CFR 2.201, NASHnal Soil Testing, LLC 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 III, 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, IR 15000012/2022004(DRSS) and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation or its severity level, (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 achieved. Your response may reference or include previously 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 general 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.
Your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC Agencywide Documents Access and Management System (ADAMS), accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html.
Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
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, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days of receipt.
Dated this 13 day of July 2023.
Enclosure 2 U.S. Nuclear Regulatory Commission Region III Docket No.
150-00012 License No.
IL-02440-01 Report No.
15000012/2022004(DRSS)
NMED No.
220426 Licensee:
NASHnal Soil Testing, LLC Facility:
23856 W. Andrew Road, Unit 103 Plainfield, IL Job Site:
Northern Indiana Commuter Transportation District, Michigan City, IN Inspection Dates:
September 29, 2022 - June 28, 2023 Exit Meeting Date:
June 28, 2023 Inspector:
Jason Draper, Health Physicist Approved By:
Rhex Edwards, Chief Materials Inspection Branch Division of Radiological Safety and Security
EXECUTIVE SUMMARY NASHnal Soil Testing, LLC NRC Inspection Report 15000012/2022004(DRSS)
This was a reactive inspection of a State of Illinois portable gauge licensee operating under reciprocity in Michigan City, Indiana. The licensee was authorized to use and store portable nuclear gauges containing cesium-137 (Cs-137) and americium-241:beryllium (Am-241:Be)
sources at a Northern Indiana Commuter Transportation District (NICTD) job site in northern Indiana.
On September 26, 2022, the licensee reported to the State of Illinois, who then reported to the NRC (EN 56124), that sometime between September 24, 2022, and September 26, 2022, a Troxler 3440 portable moisture density gauge (SN 29187) containing 8 millicuries (mCi) Cs-137 and 40 mCi Am-241:Be was stolen from the job site storage location along with other non-licensed equipment owned by the licensee and other contractors who stored equipment at that location. The license had notified local law enforcement and a police report was filed.
On September 29, 2022, the inspector performed a reactive inspection at the temporary job site storage location to assess the security measures the licensee had in place at the time of the theft and to review other aspects of the licensees temporary job site use and storage under reciprocity. Following the onsite reactive inspection, the inspector continued the inspection in-office to review records that were not available at the temporary job site storage location, including gauge use logs, training records, and dosimetry records.
During this in-office review, the inspector identified that the licensee did not make a written report within 30 days of the telephone report as required by 10 CFR 20.2201(b)(1). On January 25, 2023, the inspector reminded the licensee about the requirement for a written report and that specific information was required to be included in this report. On February 27, 2023, the licensee submitted a report to the inspector; however, this report did not include the information required by 10 CFR 20.2201(b)(1)(i) through (vi). Specifically, the report did not include exposures of individuals to radiation, circumstances under which the exposure occurred, and the possible total effective dose equivalent to persons in unrestricted areas (iv), actions that have been take, or will be taken, to recover the material (v), or procedures or measure that have been, or will be, adopted to ensure against a recurrence of the loss or theft of licensed material (vi). The inspector responded to the licensee with a request for this information but did not receive any additional response from the licensee.
As of the date of this report, the gauge had not been recovered.
REPORT DETAILS
Program Overview and Inspection History NASHnal Soil Testing, LLC, was authorized to use and store portable gauges at a temporary job site in Michigan City, Indiana, under reciprocity using its State of Illinois License No. IL-02440-01, in accordance with its report of proposed activities in non-agreement states dated March 8, 2022. The licensee had worked under reciprocity in NRC jurisdiction previously in 2020 and 2021 at a different job site in Indiana but had not been previously inspected by the NRC.
Theft of Portable Gauge 2.1 Inspection Scope On September 29, 2022, the inspector performed a reactive inspection to follow up on the theft of a gauge reported in Event Notification56124. The inspector toured the job site storage location in Michigan City, Indiana, with the licensees Radiation Safety Officer (RSO) and interviewed the RSO regarding the sequence of events, the measures the licensee took to secure the gauge, the actions the licensee had taken and planned to take to recover the gauge, and the actions the licensee had taken and planned to take to prevent theft of gauges in the future. The inspector also reviewed the police report the licensee filed with the Northern Indiana Commuter Transit District (NICTD) Transit Police Department.
2.2 Observations and Findings The inspector found that the licensee had one gauge stored at the temporary job site storage location at the time of the theft and had appropriately secured the gauge inside a Conex box using two padlocks which comprised two independent physical controls that formed tangible barriers. This was apparent because the hasps that the padlocks were attached to had been cut to defeat the locks and gain access to the gauge. Following the theft, on September 29, 2022, the licensee transported a different gauge to the job site and secured it inside a job box in the Conex box with two padlocks. The licensee also considered installing one or more hidden shackle padlocks on the Conex box door to attempt to better secure the gauge since the existing hasps had been damaged.
The inspector identified that although the licensee did not make the required telephone notification to the NRC as required by 10 CFR 20.2201(a)(1)(i), the licensee did make the report to the State of Illinois, who then reported it to the NRC in a timely manner.
On January 24, 2023, while the inspector was reviewing information related to the reciprocity inspection, the inspector identified that the licensee had not made a written report within 30 days as required by 10 CFR 20.2201(b)(1). The inspector contacted the licensee via email reminding the licensee of the required written report, referencing the regulation, and reminding them that there is certain information required to be included in the report. The licensee was non-responsive to this email and the inspectors February 2, 2023, follow-up email, so the inspector called the licensee on February 17, 2023, and discussed with the RSO the requirement for this written report. The RSO committed to providing the report by February 21, 2023, but did not provide the report.
On February 24, 2023, the inspector emailed the licensee again asking for the status of the report, and the licensee provided a written report to the inspector via email on February 27, 2023 (ML23101A011).
After the inspector reviewed the report submitted by the licensee, the inspector identified that the report failed to include several of the pieces of information required by 10 CFR 20.2201(b)(1)(i) through (vi). Specifically, the written report only included information that it was a Troxler 3440 portable gauge, that it was stolen, and that the licensee filed a report with the NICTD transit police. While this information touched on the criteria in (i)
through (iii), it failed to address the information required by (iv) through (vi). Additionally, the report was emailed to the inspector instead of sent to the Regional Administrator as required by 10 CFR 20.2201(b)(2)(ii).
The inspector again emailed the licensee on April 25, 2023, informing the licensee of the information that was missing and reminding the licensee of the proper method of submitting the report to the NRC. The inspector did not receive any revised report or response from the licensee.
2.3 Conclusions The inspector identified one Severity Level IV violation of 10 CFR 20.2201(b)(1) for the licensees failure to submit a written report within 30 days of the telephone report.
Reciprocity Temporary Job Site Inspection 3.1 Inspection Scope On September 29, 2022, in addition to the reactive inspection, the inspector performed a non-routine reciprocity inspection of the licensees activities at the Michigan City, Indiana, temporary job site with in-office review through June 28, 2023. This inspection included a tour of the licensees temporary job site storage location, interviews with the RSO and a gauge user, and a review of records including gauge use logs, leak test records, and training records.
3.2 Observations and Findings During the inspection, the inspector found through interviews with licensee staff and review of the licensees gauge use logs that two gauge users had used and stored two different gauges at this temporary job site. Occasionally these gauges were stored onsite between uses, but other times the gauges were transported by the gauge users to their residences in Illinois between uses. The inspector found that the licensee stored the gauges appropriately using two barriers. The inspector interviewed the RSO, who demonstrated how the gauges were transported to and from the job site. The inspector found that the licensees method of securing the gauges during transport met the requirement for two barriers and blocking and bracing of the gauges and that the licensee maintained the appropriate shipping papers.
The inspector interviewed licensee staff and reviewed dosimetry records and identified that gauge users wore dosimetry when using the gauges, though the inspector did identify that one of the gauge users had used the RSOs assigned dosimeter because the gauge user had not received his yet and the RSO had not performed any gauge work during the wear period. The inspector identified that the dosimetry reading was less than the minimum detectable dose, so there was no need to correct any dose record for the employees. The inspector discussed with the licensee the importance of only wearing dosimetry assigned to the individual.
The inspector also determined that all gauges used at the job site had been leak tested within the required period and that gauge users that used gauges in NRC jurisdiction had received gauge user training and hazmat training as required.
3.3 Conclusions No violations of NRC requirements were identified with respect to the licensees use of portable gauges under reciprocity at the Michigan City, Indiana, temporary job site.
Exit Meeting Summary The NRC inspector presented preliminary inspection findings following the onsite inspection on June 28, 2023. The licensee did not identify any documents or processes reviewed by the inspector as proprietary. The licensee acknowledged the findings presented.
LIST OF PERSONNEL CONTACTED
Umar Ahmad, Chairman/CEO and RSO Jeyanthi Logoraj, Office Manager Gabriel Jeronimo, Gauge Technician
Attended exit meeting on June 28, 2023.
INSPECTION PROCEDURES USED IP 87139 - Portable Nuclear Gauge Programs IP 87103 - Inspection of Materials Licensees Involved in an Incident or Bankruptcy Filing