[Federal Register Volume 59, Number 98 (Monday, May 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12498]


[[Page Unknown]]

[Federal Register: May 23, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 15000042, License No. TX-L02627, EA 94-076]

 

Panhandle N.D.T. & Inspection, Inc., Borger, Texas; Confirmatory 
Order Rescinding Suspension Order and Modifying Authority To Operate 
Pursuant to General License

I

    Panhandle N.D.T. & Inspection, Inc. (Licensee) is the holder of 
Texas Department of Health Radioactive Material License No. L02627. 
Texas is an Agreement State The license authorizes the possession and 
use of sealed sources of iridium-192 in industrial radiographic 
exposure devices at temporary job sites within the State of Texas. 
Pursuant to 10 CFR 150.20(a), an Agreement State licensee is granted a 
general license by the U.S. Nuclear Regulatory Commission (NRC) to 
possess and use these radiographic exposure devices in non-Agreement 
States where the NRC maintains jurisdiction. Pursuant to 150.20(b)(1), 
before engaging in such use, Agreement State licensees are required to 
notify the NRC of their intent to conduct activities in non-Agreement 
States under the terms of the general license granted by 10 CFR 
150.20(a). They are required to file four copies of NRC Form-241 and 
copies of their Agreement State license with the Regional Administrator 
of the NRC Regional Office for the NRC Region in which the Agreement 
State that issued the license is located.

II

    In January 1990 the NRC issued a Notice of Violation to the 
Licensee for failing to follow the requirements of 10 CFR 150.20(b). As 
a result of an investigation in April 1992, the NRC issued an Order 
Suspending General License (Effective Immediately) on May 18, 1992, for 
deliberate, repeat violations of the same provision. The Order suspends 
the Licensee's authority to conduct activities in non-Agreement States 
until the Order is relaxed or rescinded.

III

    In a letter of December 30, 1993, the Licensee requested permission 
to resume activities in non-Agreement States. On February 15, 1994, a 
transcribed meeting with the Licensee's president and owner was 
conducted in NRC's Region IV offices in Arlington, Texas. In that 
meeting, the president and owner expressed his recognition of the 
importance of proper training, an emphasis on safety, and compliance 
with all regulatory requirements, including filing NRC Form 241 when 
required. In addition, the Licensee indicated his willingness to comply 
with additional certification and advance notice requirements that the 
NRC might impose as a condition for being allowed to resume NRC 
licensed activities in non-Agreement States.
    The staff believes that the Licensee has recognized the importance 
of compliance with regulatory requirements and if allowed to resume NRC 
licensed activities in non-Agreement States with additional 
certification and notification requirements, the Licensee will comply 
with all regulatory requirements, and that the May 18, 1992 Order 
Suspending General License (Effective Immediately) should be rescinded, 
subject to certain requirements. These requirements include 
certification as to training and knowledge of subpart B of 10 CFR part 
34 of all employees engaged in radiographic operations and advance 
notice to the NRC of NRC licensed activities to be conducted in non-
Agreement States. Implementation of these requirements would provide 
enhanced assurance that radiographic operations will be conducted 
safely and in compliance with requirements.
    I find that the Licensee's commitments as set forth above are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured, and should be 
confirmed by this Order. The Licensee has agreed to the terms and 
issuance of this Confirmatory Order in a telephone call on May 6, 1994, 
between Mr. William Fisher of the NRC and Mr. Orvil Couch, president 
and owner, Panhandle N.D.T. & Inspection, Inc.

IV

    Accordingly, pursuant to sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, and 10 CFR part 150, It Is Hereby Ordered, 
That Panhandle N.D.T. & Inspection, Inc.'s Authority To Conduct NRC-
Licensed Activities In Non-Agreement States Under The General License 
Granted By 10 CFR 150.20(a) Is Modified As Follows:
    1. The Order dated May 18, 1992 is rescinded;
    2. When the Licensee next files an NRC Form 241, in addition to 
complying with all requirements of 10 CFR 150.20(b), the Licensee shall 
also certify, under oath or affirmation, that:
    a. It has a training plan in place concerning the requirements of 
subpart B of 10 CFR part 34;
    b. It has trained all present employees engaged in radiography 
operations, and will train all such future employees, in the 
requirements of subpart B of 10 CFR part 34; and
    c. All current employees engaged in radiography operations have 
read, and future employees will read, and understand subpart B of 10 
CFR part 34; and
    3. For a period of three years from the date of this Order, in 
addition to complying with the requirement in 10 CFR 150.20(b)(1), the 
Licensee shall notify NRC Region IV, by 9 a.m. (Central Time) Monday 
(or Tuesday, if Monday is a federal holiday) of each week that 
radiography is planned in non-Agreement States, of the field sites 
where radiography is planned that week, as well as the specific date 
and time that the radiography is planned. If unplanned work arises 
after the Monday notification, the new work cannot be done in a non-
Agreement State unless the NRC has been provided 24 hours notice. 
Notification shall be made to William L. Fisher, Chief, Nuclear 
Materials Licensing Branch, or his designated representative, at (817) 
860-8215.
    The Regional Administrator, Region IV, may relax or rescind, in 
writing, any of the above conditions upon a showing by the Licensee of 
good cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Any request for a hearing shall be submitted to the 
Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Docketing 
and Service Section, Washington, DC 20555. Copies also shall be sent to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, to the Assistant General Counsel for 
Hearings and Enforcement at the same address, to the Regional 
Administrator, NRC Region IV, 6111 Ryan Plaza, suite 400, Arlington, TX 
76011, and to the Licensee. If such a person requests a hearing, that 
person shall set forth with particularity the manner in which his or 
her interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.714(d).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings.

    Dated at Rockville, Maryland, this 9th day of May 1994.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-12498 Filed 5-20-94; 8:45 am]
BILLING CODE 7590-01-M