[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5598-5599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1645]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-20836; License No. 25-21479-01; EA-07-303]
In the Matter of Mattingly Testing Services, Inc., Molt, MT;
Demand for Information
I
Mattingly Testing Services, Inc., (Mattingly Testing) is the holder
of Materials License No. 25-21479-01 issued by the Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR Part 30 and 10 CFR
Part 34. The license, initially issued on December 2, 1983, authorizes
Mattingly Testing to possess radioactive sealed sources for use in
industrial radiography in Molt, Montana, and at temporary job sites
anywhere in the United States where the NRC maintains jurisdiction for
regulating licensed material, including areas of exclusive Federal
jurisdiction within Agreement States. The license was last renewed in
its entirety on February 22, 2006, and is due to expire on February 28,
2016.
II
On November 7, 2007, during an inspection of Mattingly Testing's
radiographic operations at a temporary job site, several apparent
violations of NRC regulations were identified. In addition, during a
follow-up inspection and investigation during the week of November 12,
2007, the NRC inspector and investigator were informed that senior
management of Mattingly Testing discouraged employees from speaking
with NRC inspectors and investigators. The NRC is concerned that an
environment exists within Mattingly Testing's workplace that could
inhibit employees from raising safety concerns to the NRC. The NRC
inspections and investigation, which are still ongoing, have indicated
that:
1. Mattingly Testing's control of licensed material at temporary
job sites is not in compliance with NRC requirements;
2. Mattingly Testing's senior management has apparently caused
employees to engage in activities that are in violation of NRC
regulations and Orders; and
3. Mattingly Testing's senior management has discouraged employees
from raising safety concerns both to their management and to the NRC.
This information demonstrates a lack of management control and
supervision over licensed activities, raises questions as to whether
Mattingly Testing will provide complete and accurate information to the
NRC in compliance with 10 CFR 30.9, and whether Mattingly Testing is
complying with the provisions with 10 CFR 19.15(b). Therefore, further
information is needed to determine whether the Commission can have
reasonable assurance that Mattingly Testing will comply with the
Commission's requirements, ensure a healthy work environment, provide
complete and accurate information to the Commission and otherwise
conduct its activities in accordance with the Commission's
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, and 10 CFR 30.9, and 10 CFR 30.32(b), in order for the
Commission to determine whether your license should be modified,
suspended or revoked, or other enforcement action taken to ensure
compliance with NRC regulatory requirements, Mattingly Testing is
required to submit the following information in writing to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, within 20 days of the date of this Demand
for Information. If security-related information is necessary to
provide an acceptable response, you must mark your entire response
``Proprietary Information in accordance with 10 CFR 2.390(d)(1)'' and
follow the instructions for withholding in 10 CFR 2.390(b)(1). In
accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the
affidavit requirements for your response.
1. Provide the information requested in the non-publicly available
Appendix to this Demand for Information.
2. Describe the actions it has taken and plans to take to provide
reasonable assurance that its organization establishes and maintains an
appropriate safety conscious work environment\1\ where employees are
free
[[Page 5599]]
to raise safety concerns to the NRC and to Mattingly Testing's senior
management without fear of retaliation. In addition, describe the
actions it has taken and plans to take to ensure its employees
understand the provisions of 10 CFR 19.15, 10 CFR 30.7, and 10 CFR
30.9.
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\1\ NRC defines Safety Conscious Work Environment as a work
environment in which employees are encouraged to raise safety
concerns, are free to raise concerns both to their own management
and to the NRC without fear of retaliation, where concerns are
promptly reviewed, given the proper priority, and appropriately
resolved and timely feedback is provided. The NRC issued a Policy
Statement, ``Freedom of Employees in the Nuclear Industry to Raise
Safety Concerns Without Fear of Retaliation'' on May 14, 1996 [61 FR
24336] and additional guidelines in Regulatory Issue Summary 2005-
18, ``Guidance for Establishing and Maintaining a Safety Conscious
Work Environment'' on August 25, 2005.
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Copies of this information shall also be sent to the Assistant
General Counsel for Materials Litigation and Enforcement at the same
address above, and to the Regional Administrator, NRC Region IV, 611
Ryan Plaza Drive, Suite 400, Arlington, Texas 76011-4005.
After reviewing your response, the NRC will determine whether
further action is necessary to ensure compliance with regulatory
requirements.
For the Nuclear Regulatory Commission.
Dated this 23rd day of January, 2008.
Cynthia A. Carpenter,
Director, Office of Enforcement.
[FR Doc. E8-1645 Filed 1-29-08; 8:45 am]
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