[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Pages 9063-9065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3877]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-12279, License No. 45-17151-01 EA 95-003]
Order Modifying License
In the Matter of Material Testing Laboratories, Inc.
I
Material Testing Laboratories, Inc. (Licensee) is the holder of
Byproduct Material License No. 45-17151-01 (License) issued by the
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR
parts 30 and 34. The License authorizes, in part, possession and use of
byproduct material not to exceed 200 curies of Iridium-192 per source
in the operation of radiography exposure devices. The License further
authorizes the Licensee to perform radiography at temporary job sites
in accordance with the conditions specified therein. The License,
originally issued on March 17, 1977, was renewed on December 16, 1993,
and is due to expire on December 1, 1998.
II
On November 15, 1994, an inspection of NRC-licensed activities was
conducted at a temporary job site in Northern Virginia and at the
Licensee's office in Norfolk, Virginia. As a result of the inspection,
apparent violations of NRC requirements were identified, which are the
subject of a Notice of Violation and Proposed Imposition of Civil
Penalty issued this date. The violations identified during the NRC
inspection include:
1. Use of NRC-licensed material by an unauthorized and unqualified
individual, in violation of 10 CFR 34.31(b);
2. Failure to maintain direct surveillance of radiographic
operations by an authorized and qualified individual, in violation of
10 CFR 34.41;
3. Failure to perform an adequate survey following a radiographic
exposure, in violation of 34.43(b);
4. Failure to post a high radiation area, in violation of 10 CFR
34.42; and
5. Failure to post the Licensee's radiography vehicle as a
radioactive material storage area at a temporary job site, in violation
of Condition 20 A. of the License.
A transcribed enforcement conference was conducted in the NRC
Region II office in Atlanta, Georgia, on December 20, 1994, to discuss
the violations, their cause, and the Licensee's corrective actions.
During the enforcement conference, the Licensee acknowledged that
weaknesses in management and in Radiation Safety Officer oversight of
the Lorton, Virginia, field office activities contributed to the
violations. These weaknesses included a lack of appreciation by
management and the Radiation Safety Officer (RSO) of the effect of
excessive overtime work on employees' performance and failure to
promptly monitor work practices of the radiographer involved in the
November 15, 1994, violations following the indications of his poor
performance by a State of Maryland inspection which identified a
failure to maintain a radiography exposure device under constant
surveillance and control.
III
Based on the above, the NRC has concluded that the Licensee has
violated NRC requirements. The performance of NRC-licensed activities
requires use of appropriate safety procedures, training of personnel
regarding those procedures, meticulous attention to detail by personnel
conducting radiography, and proper oversight by Licensee management to
ensure these activities are conducted safely and in accordance with NRC
requirements. This attention is particularly important during the
performance of radiography given the high radiation levels that can
result from use of the sources. The failure to properly control the use
of the radiography devices could result in significant radiation
exposure to individuals, both employees and members of the general
public. The radiographer who had primary responsibility for use and
control of NRC-licensed material at the temporary job site failed to
maintain proper control and surveillance during radiographic
operations. The radiographer, as noted above, one month earlier also
failed to maintain constant surveillance and control of a radiography
exposure device in the State of Maryland. In addition, based on the
violations and weaknesses identified above and information and
statements obtained during the transcribed enforcement conference, the
RSO, who has the responsibility for ensuring that NRC requirements are
met, had not adequately controlled or maintained oversight of the
Licensee's NRC-licensed activities in the Northern Virginia area to
ensure compliance with all NRC requirements including the conditions of
the License.
The violations described in Section II of this Order and the
concerns set forth above demonstrate a significant lack of attention to
required radiation safety requirements by the radiographer and lack of
management control and oversight of radiographic operations by the RSO
and Licensee management. Specifically, after the incident in Maryland,
the ROS did not identify the root causes of the violations, the RSO did
not perform a field audit of the radiographer's performance, and the
retraining of the involved radiographer was not sufficient to prevent
the November 15, 1994 incident which had similar violations.
Consequently, I lack the requisite reasonable assurance that the
Licensee's current operations can be conducted under License no. 45-
17151-01 in compliance with the Commission's requirements and that the
[[Page 9064]] health and safety of the public, including the Licensee's
employees, will be protected. Therefore, the public, health, and safety
and interest require that the License be modified as described below in
Section IV. Furthermore, pursuant to 10 CFR 2.202, I find that the
significance of the violations described above is such that the public
health, safety and interest require that this Order be immediately
effective.
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 parts 30 and 34, it is hereby
ordered, effective immediately, that license no. 45-17151-01 is
modified as follows:
A. The Licensee shall retain and maintain the services of an RSO
approved by Region II to oversee the activities of its radiographers
based at the Lorton, Virginia, facility. The RSO duties must take
priority over any other duty. The Licensee shall within 30 days submit
the name and qualifications of the Lorton RSO for approval to the
Regional Administrator, Region II.
B. The Licensee shall retain the services of an independent
individual or organization (consultant) to perform an initial
assessment of the Licensee's radiation safety program in Lorton,
Virginia, and quarterly audits thereafter for a period of one year to
determine compliance with all NRC requirements. The consultant shall
also provide recommendations for program improvements to ensure
effective management oversight and control of radiography operations.
Within 30 days of the date of this Order, the Licensee shall submit to
the Regional Administrator, NRC Region II, for review and approval, the
name and qualifications of the consultant it proposes to conduct the
assessment and audits. The consultant shall be independent of the
Licensee's staff and have experience in the management and
implementation of a radiation safety program, including activities
similar to those authorized by the License.
C. Within 60 days of the date of NRC approval of the consultant
selection, as described above, the Licensee shall have the consultant
submit its assessment report to the Licensee and to the Regional
Administrator, NRC Region II. Within 30 days of the end of each
quarterly audit period, the Licensee shall have the consultant submit
its audit report and any recommendations for improvements to the
Licensee and to the Regional Administrator, NRC Region II. The
assessment and audits of the Licensee's radiography program shall
include, but not be limited to:
1. A review of the adequacy of the Licensee's management control
and oversight in ensuring that radiographer and equipment requirements,
personnel monitoring requirements, radiation safety procedures in
radiographic operations, and other NRC requirements are followed
including:
(a) The Licensee's program for training, retraining, and qualifying
all individuals involved in using, supervising, inspecting, and
auditing activities involving NRC-licensed material;
(b) The scope, methods, and frequency of the Licensee's program of
surveillance and audits to determine compliance by individual users of
NRC-licensed materials with NRC requirements, the conditions of the
License, and the Licensee's own procedures for the safe use of
radioactive materials;
(c) The RSO's functions and oversight activities, including the
methods of monitoring the radiation of safety program to ensure that
problems or violations are promptly identified and corrected; and
(d) The Licensee's radiation safety program for developing and
implementing operating and emergency procedures for the safe use of
NRC-licensed material, and record keeping and documentation.
2. On-site reviews at the Licensee's Lorton, Virginia, office of
activities and records maintained for users, and interviews and
observations of selected authorized users working at various locations.
3. Direct observation during each quarterly audit of, at a minimum,
one radiographer employed at the Lorton, Virginia, office performing
industrial radiography activities with NRC-licensed material. The
audits should ensure that all radiographers at the Lorton, Virginia,
office are observed within the year.
D. Within 30 days of the date of the initial assessment report and
of each quarterly audit report, the Licensee shall submit to the
Regional Administrator, NRC Region II, the Licensee's response to the
report either describing the implementation of each of the necessary
corrective actions or recommendations from the audit report, or
justification for not needing any corrective action or for not adopting
one or more of the specific recommendations. Each Licensee response
shall include a status report on action items completed or to be
completed with appropriate priorities assigned and any schedules for,
or dates of, completion of each specific item.
E. The Licensee shall ensure that the work of the radiographer
involved in the November 14, 1994 violations, as a radiographer using
NRC-licensed material, is audited by the independent consultant within
30 days of the radiographer's return to unsupervised work and quarterly
thereafter for one year. All audits shall include direct observation of
the radiographer performing industrial radiography with NRC-licensed
material.
F. For a period of one year from the date of this Order, the
Licensee shall notify NRC Region II, by 9:00 a.m. (Eastern Time) Monday
(or Tuesday, if Monday is a federal Holiday) of each week, of the
location in non-Agreement states where the radiographer involved in the
November 15, 1994 violations will be conducting radiography operations.
This notification shall include the date, time, and specific location
where radiography is planned to allow NRC to conduct an unannounced
inspection. If unplanned work arises after the Monday notification, the
new work can be performed by the involved radiographer in a non-
Agreement state provided that the NRC has been given prior notice.
Notification shall be made by telephone to Mr. Douglas M. Collins,
Chief, Nuclear Materials Safety and Safeguards Branch, or his
designated representative, at (404) 331-5586 or by facsimile at (404)
331-5559.
The Regional Administrator, Region II, may, in writing, relax or
rescind any of the above conditions upon demonstration by the Licensee
of good cause.
V
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within 20 days of the
date of this Order. The answer may consent to this Order. Unless the
answer consents to this Order, the answer shall, in writing and under
oath or affirmation, specifically admit or deny each allegation or
charge made in this Order and set forth the matters of fact and law on
which the Licensee or other person adversely affected relies and the
reasons as to why the Order should not have been issued. Any answer or
request for a hearing shall be submitted to the Secretary, U.S. Nuclear
Regulatory Commission, ATTN: Chief, Docketing and Services Section,
Washington, D.C. 20555. Copies also shall be sent to the Director,
Office of Enforcement, U.S. Nuclear Regulatory
[[Page 9065]] Commission, Washington, D.C. 20555, to the Assistant
General Counsel for Hearings and Enforcement at the same address, to
the Regional Administrator, NRC Region II, 101 Marietta Street, Suite
2900, Atlanta, Georgia 30323, and to the Licensee if the answer or
hearing request is by a person other than the Licensee. If a person
other than the Licensee requests a hearing, that person shall set forth
with particularity the manner in which his 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 the Licensee or 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
Order should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, or any other
person adversely affected by this Order, may, in addition to demanding
a hearing, at the time the answer is filed or sooner, move the
presiding officer to set aside the immediate effectiveness of the Order
on the ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
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. An answer or a request for
hearing shall not stay the immediate effectiveness of this order.
Dated at Rockville, Maryland this 9th day of February 1995.
For the Nuclear Regulatory Commission.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards, and
Operations Support.
[FR Doc. 95-3877 Filed 2-15-95; 8:45 am]
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