[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Notices]
[Pages 33005-33006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13360]
[[Page 33005]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-38594; NRC-2013-0250]
CSMI, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Director's Decision; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is giving notice
that the Director of the Office of Federal and State Materials and
Environmental Management Programs (FSME) has issued a Director's
Decision with regard to a petition dated August 10, 2013, filed by
George Walther-Meade (the petitioner).
DATES: Effective date: May 27, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0250 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0250. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected].
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Hector Rodriguez-Luccioni, Office of
Federal and State Materials and Environmental Management Programs, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-001; telephone:
301-415-6004; email: [email protected].
SUPPLEMENTARY INFORMATION: Notice is hereby given that the Director,
Office of Federal and State Materials and Environmental Management
Programs, has issued a Director's Decision with regard to a petition
dated August 10, 2013 (ADAMS Accession No. ML13226A020), filed by
George Walther-Meade.
The petition requested immediate enforcement action by issuing an
order to revoke CSMI's License No. 20-35022-01. The petitioner also
requested that a public meeting be held to discuss this matter in the
Washington, DC area.
As the basis for this request, the petitioner stated that the
Licensee has committed willful violations involving falsification of
information that are of particular concern because the NRC's regulatory
program is based on licensees acting with integrity and communicating
with candor.
The petition of August 10, 2013, raises concerns about potential
misrepresentation made by the licensee, which form the basis for the
petition, can be summarized as follow:
In the cover letter to its license application dated
December 3, 2012, CSMI stated that they have provided installation,
transportation, and maintenance services related to the radiological
safety of SAIC Vehicle and Cargo Inspection System (VACIS) for 10 years
as a subcontractor. However, according to the petitioner, SAIC, has
only been operating the VACIS system for the U.S. Government since 2006
(a period of less than 10 Years).
Three of the petitioner's concerns involved training that
CSMI stated their employees had received form SAIC. CSMI stated that
Mr. Roberto Bhaday, their Radiation Safety Officer (RSO), received 40
hours of SAIC Field Service Representative radiation safety training in
January 2005 in San Diego, California. Additionally, CSMI stated that
their staff attended 80 hours of Initial Field Service Representative
technical training in January 2005, at SAIC's facility in Rancho San
Bernardo, California. However, the petitioner stated that SAIC did not
provided training to Mr. Bhaday or any CSMI staff.
Two of the petitioner's concerns involved communication
with SAIC for maintenance and emergency support. CSMI stated that their
service personnel will adhere to the strict guidelines provided by SAIC
(e.g., maintenance procedure) and that SAIC will be consulted
immediately in the case of an emergency. However, the petitioner stated
that the licensee does not have access to current guidelines and
procedures nor is there any vehicle to consult SAIC in case of an
emergency.
CSMI stated that radiation safety training is supervised
by an RSO-qualified representative of the system manufacturer and that
all radiation safety training materials are provided by the system
manufacturer. However, the petitioner stated that no such agreement
exists, nor is there evidence to support this claim.
CSMI stated that leak analysis will be the responsibility
of the manufacturer. However, the petitioner stated that no such
agreement exists, nor is there evidence to support the licensee's
claim.
In telephone conversations with the NRC, CSMI stated that
Mr. Michael Hartnett would be named RSO with Mr. Bhaday as back-up and
that Mr. Hartnett was scheduled for RSO training in mid-February.
However, the petitioner stated that Mr. Bhaday is no longer with CSMI
and Mr. Christopher Knox has since been appointed RSO.
The petitioner stated that Messers. Knox, Hartnett, and
Bhaday have not received training by the petitioner as implied in the
license application and correspondence.
On September 10, 2013, the petitioner and the licensee met with the
staff's petition review board during a public meeting. The meeting gave
the petitioner and the licensee an opportunity to provide additional
information and to clarify issues raised in the petition. The
transcript of this meeting was treated as a supplement to the petition
(ADAMS Accession No. ML13263A388).
The NRC sent a copy of the proposed Director's Decision to the
petitioner and to CSMI for comment on February 28, 2014. The petitioner
responded with comments on April 4, 2014 (ADAMS Accession No.
ML14101A127) and CSMI responded with no comments on March 26, 2014. The
comments and the NRC staff's response to them are included in the
Director's Decision.
The Director of FSME has determined that the request, to revoke
CSMI License Number 20-35022-01, be denied. The reasons for this
decision are explained in the Director's Decision pursuant to Title 10
of Code of Federal Regulations (10 CFR) 2.206 (DD-14-04, ADAMS
Accession No. ML14128A277).
The NRC staff has not substantiated the petitioner's concern that
CSMI has committed a willful violation involving falsification of
information. Additionally the staff has not identified any safety basis
for revoking or suspending CSMI's license.
A copy of the Director's Decision will be filed with the Secretary
of the Commission for the Commission's review in accordance with 10 CFR
2.206 of the Commission's regulations. As provided for by this
regulation, the
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Director's Decision will constitute the final action of the Commission
25 days after the date of the Decision, unless the Commission, on its
own motion, institutes a review of the Director's Decision in that
time.
Dated at Rockville, Maryland, this 27th day of May 2014.
For the Nuclear Regulatory Commission.
Brian E. Holian,
Acting Director, Office of Federal and State Materials and
Environmental Management Programs.
[FR Doc. 2014-13360 Filed 6-6-14; 8:45 am]
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