IR 015000012/2018002
| ML18218A572 | |
| Person / Time | |
|---|---|
| Site: | 15000012, 015000012 |
| Issue date: | 08/06/2018 |
| From: | Christine Lipa NRC/RGN-III |
| To: | Meilman S Environmental Protection Agency |
| O'Dowd D | |
| References | |
| EA-18-099 IR 2018002 | |
| Preceding documents: |
|
| Download: ML18218A572 (10) | |
Text
ust 6, 2018
SUBJECT:
NRC SPECIAL INSPECTION REPORT NO. 15000012/2018002(DNMS)
ENVIRONMENTAL PROTECTION INDUSTRIES, INC.
Dear Dr. Meilman:
On July 5, 2018, an inspector from the U.S. Nuclear Regulatory Commission (NRC) contacted you concerning activities involving your possession and use of a portable nuclear gauge in the State of Indiana. The NRC performed in-office review of information you provided, through July 27, 2018, including documentation of the dates worked, your stated corrective actions, and your application for future reciprocity during Calendar Year 2018. Mr. Dennis ODowd of my staff conducted a final exit meeting by telephone with you on July 27, 2018, to discuss our findings. The enclosed report presents the results of this review.
Based on the results of this review, an 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 licensees apparent failure to file NRC Form 241 prior to possessing and performing activities using a portable nuclear gauge containing licensed materials in the State of Indiana, a non-Agreement State, in 2018, as required by Title 10 of the Code of Federal Regulations (CFR) 150.20(b)(1).
Because the NRC has not made a final determination on this matter, the NRC is not issuing a Notice of Violation for this finding at this time. The circumstances surrounding this apparent violation, the significance of the issues, and the need for lasting and effective corrective action were discussed with you during the telephonic exit meeting on July 27, 2018.
Before the NRC makes its enforcement decision, we are providing you an opportunity to either:
(1) respond in writing to the apparent violation addressed in the enclosed 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 will issue a press release to announce the time and date of the conference. Please contact Aaron T. McCraw at 630-829-9650 within ten days of the date of this letter to notify the NRC of your intended response. If you choose to provide a written response, it should be clearly marked as Response to the Apparent Violation in Report No. 15000012/2018002(DNMS); EA-18-099, 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 to avoid further violations; and (4) the date when full compliance was or will be achieved. In presenting your corrective actions, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violation. The guidance in NRC Information Notice 96-28, Suggested Guidance Relating to Development and Implementation of Corrective Action, may be helpful. You can find the information notice on the NRC website at:
http://www.nrc.gov/reading-rm/doc-collections/gen-comm/info-notices/1996/in96028.html. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. 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 the apparent violation and any other information that you believe the NRC should take into consideration before making an enforcement decision. The topics discussed during the conference may include the following: 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 to be taken.
Because your facility has not been the subject of escalated enforcement actions within the last two years or two inspections, a civil penalty may not be warranted in accordance with Section 2.3.4 of the Enforcement Policy. In addition, based upon NRCs understanding of the facts and your corrective actions, it may not be necessary to conduct a PEC in order to enable the NRC to make a final enforcement decision. Our final decision will be based on your confirming on the license docket that the corrective actions previously described to the staff have been or are being taken.
In addition, please be advised that the number and characterization of the 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 Rules of Practice, a copy of this letter, its enclosure, and your response 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, your 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 Dennis ODowd of my staff if you have any questions regarding this review. Mr. ODowd can be reached at 630-829-9573.
Sincerely,
/RA/
Christine A. Lipa, Acting Director Division of Nuclear Materials Safety Docket No. 150-00012 General License under 10 CFR 150.20 State of Illinois License No. IL-02294-01 Enclosure:
IR 15000012/2018002(DNMS)