[Federal Register Volume 67, Number 178 (Friday, September 13, 2002)]
[Notices]
[Pages 58083-58084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23360]


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NUCLEAR REGULATORY COMMISSION

[Docket No.: 150-00009, General License, 10 CFR 150.20, EA-02-166]


Engineering & Inspections Unlimited, Inc., Boca Raton, FL Demand 
for Information

    On May 7, 2002, Engineering & Inspections Unlimited, Inc. 
(Licensee), a radiography licensee of the State of Florida, filed an 
NRC Form 241, ``Report of Proposed Activities in Non-Agreement States, 
Areas of Exclusive Federal Jurisdiction, or Offshore Waters,'' 
notifying the NRC of its intent to conduct radiography activities at 
numerous locations in the State of Hawaii, a Non-Agreement State. On 
August 1, 2002, the Licensee filed a revised NRC Form 241, notifying 
the NRC of additional locations where it intended to conduct 
radiography activities in Hawaii. In accordance with 10 CFR 150.20, 
``Recognition of

[[Page 58084]]

Agreement State licenses,'' a specific licensee of an Agreement State 
is granted a general license to perform the same activity in Non-
Agreement states where NRC maintains jurisdiction provided the licensee 
complies with 10 CFR 150.20(b). Thus, the Licensee is currently 
performing radiography activities in Hawaii under a general license.
    On April 22, 2002, NRC Region IV conducted an unannounced 
inspection of Engineering & Inspections Hawaii, doing business as 
Testing Technologies, Inc. (TTI), at a temporary job site in Kapolei, 
Hawaii. Engineering & Inspections Hawaii was performing activities 
under an NRC license issued to TTI. TTI, based in Woodbridge, Virginia, 
and the holder of NRC License No. 45-25007-01, is licensed to conduct 
radiography activities at temporary job sites anywhere the NRC has 
jurisdiction. Based on the discovery of apparent willful violations of 
NRC requirements, on April 24, 2002, NRC's Office of Investigations 
(OI) began an investigation of activities being conducted in Hawaii 
under TTI's license. On May 1, 2002, NRC's Region II office in Atlanta, 
Georgia, issued a confirmatory action letter (CAL No. 2-02-001) to TTI 
confirming TTI's commitment to take several remedial actions before 
radiography activities were resumed in Hawaii. As discussed above, on 
May 7, 2002, Engineering & Inspections Unlimited, Inc., a State of 
Florida licensee, filed with NRC to perform radiography activities in 
Hawaii under the reciprocity provisions of 10 CFR 150.20. Thus, 
Engineering & Inspections Hawaii's activities in Hawaii were no longer 
being conducted under TTI's NRC license.
    The preliminary results of the OI investigation include a finding 
that the Division Manager for Engineering & Inspections Hawaii, and who 
is currently managing Engineering & Inspections Unlimited, Inc.'s 
radiography activities in Hawaii, engaged in deliberate misconduct, as 
defined by 10 CFR 30.10. Specifically, the investigation found that the 
Division Manager had on numerous occasions dispatched radiographer's 
assistants and helpers to conduct radiography without their being 
accompanied by a certified radiographer who was trained and certified 
in accordance with the training requirements of 10 CFR 34.43. The 
Division Manager first denied dispatching non-certified radiographers 
to conduct radiography, but admitted after being shown records of 
specific radiography jobs that he had assigned non-certified 
radiographers to conduct radiography because of a shortage of qualified 
personnel.
    The investigative evidence developed to date demonstrates a lack of 
regard for NRC's radiation safety requirements by the Division Manager. 
The Division Manager currently manages Engineering & Inspections 
Unlimited, Inc.'s radiography activities in Hawaii, supervises the 
individual that dispatches workers to job-sites, and is himself 
authorized to perform radiography. This situation raises questions as 
to why the NRC should have reasonable assurance that Engineering & 
Inspections Unlimited, Inc.'s radiography activities in Hawaii are 
being conducted in accordance with all NRC radiation safety 
requirements.
    Given the Division Manager's involvement in, and supervisory 
responsibility for, the Licensee's radiation safety program, further 
information is needed to determine whether the Commission can have 
reasonable assurance that the Licensee's radiography activities in 
Hawaii are being conducted in accordance with all radiation safety 
requirements.
    Accordingly, pursuant to sections 161c, 161o, 182 and 186 of the 
Atomic Energy Act of 1954, as amended, and the Commission's regulations 
in 10 CFR 2.204, 30.32(b), and 150.20(b) in order for the Commission to 
determine whether the Licensee's general license should be suspended or 
revoked, or other enforcement action taken to ensure compliance with 
NRC regulatory requirements, the Licensee is required to submit to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, within 10 days of the date of this Demand for 
Information, in writing and under oath or affirmation: Information as 
to why the NRC should have reasonable assurance that the Licensee's 
radiography activities in Hawaii are being conducted, and will be 
conducted, in accordance with all NRC radiation safety requirements.
    Copies of the Licensee's response to this Demand for Information 
also shall be sent to the Assistant General Counsel for Materials 
Litigation and Enforcement at the same address, the Regional 
Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400, 
Arlington, Texas 76011-4005, and the Regional Administrator, NRC Region 
II, Atlanta Federal Center, 61 Forsyth St., Atlanta, Georgia 30303.
    After reviewing the Licensee's response, the NRC will determine 
whether further action is necessary to ensure compliance with 
regulatory requirements.

    Dated this 5th day of September 2002.

    For the Nuclear Regulatory Commission.
James G. Luehman,
Deputy Director, Office of Enforcement.
[FR Doc. 02-23360 Filed 9-12-02; 8:45 am]
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