[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19308-19310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09229]
[[Page 19308]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-34866; NRC-2018-0083]
In the Matter of Qal-Tek Associates, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Order imposing civil monetary penalty; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order imposing civil monetary penalty of $22,400 to Qal-Tek Associates,
LLC. After consideration of the licensee's request for mitigation of
the proposed civil penalty amount, the NRC staff determined that the
violations occurred and that adequate basis did not exist for
mitigation of the civil penalty amount of $22,400.
DATES: This Order was effective March 29, 2018.
ADDRESSES: Please refer to Docket ID NRC-2018-0083 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly[dash]available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0083. Address
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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 (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
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: G. Michael Vasquez, Region IV,
telephone: 817-200-1182; email [email protected] and John Kramer,
Region IV, telephone: 817-200-1121; email [email protected]. Both are
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Arlington, Texas, this 26th day of April, 2018.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy,
Regional Administrator, Region IV.
Attachment: Order
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
In the Matter of Qal-Tek Associates, LLC, Idaho Falls, ID
Docket No. 030-34866, License No. 11-27610-01
EA-17-101
ORDER IMPOSING CIVIL MONETARY PENALTY (EFFECTIVE UPON ISSUANCE)
I
Qal-Tek Associates, LLC (Qal-Tek or the Licensee) is the holder
of Materials License No. 11-27610-01 issued on December 28, 1998, by
the U.S. Nuclear Regulatory Commission (NRC or Commission) pursuant
to part 30 of title 10 of the Code of Federal Regulations (10 CFR).
The license authorizes the use and possession of nuclear materials
in accordance with conditions specified therein. The facility is
located on the Licensee's site in Idaho Falls, Idaho.
II
The NRC conducted an inspection of the Licensee's activities on
April 24[dash]25, 2017. The results of this inspection indicated
that the Licensee had not conducted its activities in compliance
with the NRC's requirements associated with packaging radioactive
material to ensure that radiation levels do not exceed regulatory
limits. A written Notice of Violation and Proposed Imposition of
Civil Penalty (Notice) was served upon the Licensee by letter dated
December 12, 2017. The Notice states the nature of the violations,
the provisions of the NRC's requirements that the Licensee violated,
and the amount of the civil penalty proposed for the violations.
The Licensee responded to the Notice in a letter dated January
11, 2018. In its response, the Licensee did not dispute the
violations or their severity, but requested mitigation of the
proposed civil penalty amount.
III
After consideration of the Licensee's response and the
statements of fact, explanation, and argument for mitigation
contained therein, the NRC staff has determined as set forth in the
Appendix to this Order that the violations occurred as stated and
that adequate basis does not exist for mitigation of the civil
penalty amount. Therefore, a civil penalty in the amount of $22,400
should be imposed.
IV
In view of the foregoing and pursuant to Section 234 of the
Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10
CFR 2.205, IT IS HEREBY ORDERED THAT:
The Licensee pay a civil penalty in the amount of $22,400 within
30 days of the issuance date of this Order, in accordance with
NUREG/BR-0254 ``Payment Methods'' (http://www.nrc.gov/reading-rm/doc-collections/nuregs/brochures/br0254/). In addition, at the time
payment is made, the Licensee shall submit a statement indicating
when and by what method payment was made, to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington DC
20555.
V
In accordance with 10 CFR 2.202, the Licensee and any other
person adversely affected by this Order may request a hearing on
this Order within 30 days of the issuance date of this Order. Where
good cause is shown, consideration will be given to extending the
time to answer or request a hearing. A request for extension of time
must be directed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, Washington DC 20555, and include a
statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion
or other document filed in the proceeding prior to the submission of
a request for hearing or petition to intervene (hereinafter
``petition''), and documents filed by interested governmental
entities participating under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule (72 FR 49139, August 28, 2007,
as amended by 77 FR 46562, August 3, 2012). The E-Filing process
requires participants to submit and serve all adjudicatory documents
over the internet, or in some cases to mail copies on electronic
storage media. Participants may not submit paper copies of their
filings unless they seek an exemption in accordance with the
procedures described below.
To comply with the procedural requirements of E-Filing, at least
10 days prior to the filing deadline, the participant should contact
the Office of the Secretary by e-mail at [email protected], or
by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or
its counsel or representative) to digitally sign submissions and
access the E-Filing system for any proceeding in which it is
participating; and (2) advise the Secretary that the participant
will be submitting a request or petition for hearing (even in
instances in which the participant, or its counsel or
representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an
electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-
help/e-
[[Page 19309]]
submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the
participant can then submit a request for hearing or petition for
leave to intervene. Submissions should be in Portable Document
Format (PDF). Additional guidance on PDF submissions is available on
the NRC public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern Time on the due date. Upon
receipt of a transmission, the E-Filing system time-stamps the
document and sends the submitter an e-mail notice confirming receipt
of the document.
The E-Filing system also distributes an e-mail notice that
provides access to the document to the NRC Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer
need not serve the documents on those participants separately.
Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory
E-Filing system may seek assistance by contacting the NRC Electronic
Filing Help Desk through the ``Contact Us'' link located on the
NRC's web site at http://www.nrc.gov/site-help/e-submittals.html, by
e-mail at [email protected], or by a toll-free call at 866-672-
7640. The NRC Electronic Filing Help Desk is available between 9
a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding
government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request,
in accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) first class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking
and Adjudications Staff.
Participants filing adjudicatory documents in this manner are
responsible for serving the document on all other participants.
Filing is considered complete by first-class mail as of the time of
deposit in the mail, or by courier, express mail, or expedited
delivery service upon depositing the document with the provider of
the service. A presiding officer, having granted an exemption
request from using E-Filing, may require a participant or party to
use E-Filing if the presiding officer subsequently determines that
the reason for granting the exemption from use of E-Filing no longer
exists.
Documents submitted in adjudicatory proceedings will appear in
the NRC's electronic hearing docket which is available to the public
at https://adams.nrc.gov/ehd, unless excluded pursuant to an order
of the Commission or the presiding officer. If you do not have an
NRC-issued digital ID certificate as described above, click
``Cancel'' when the link requests certificates and you will be
automatically directed to the NRC's electronic hearing dockets where
you will be able to access any publicly available documents in a
particular hearing docket. Participants are requested not to include
personal privacy information, such as social security numbers, home
addresses, or personal phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. For
example, in some instances, individuals provide home addresses in
order to demonstrate proximity to a facility or site. With respect
to copyrighted works, except for limited excerpts that serve the
purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
The Commission will issue a notice or order granting or denying
a hearing request or intervention petition, designating the issues
for any hearing that will be held and designating the Presiding
Officer. A notice granting a hearing will be published in the
Federal Register and served on the parties to the hearing.
If a person (other than Qal-Tek) 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 2.309(d) and (f).
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 Order should
be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), Qal-Tek 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 or alternative dispute
resolution (ADR), or written approval of an extension of time in
which to request a hearing or ADR, the provisions specified in
Section IV above shall be final 30 days from the issuance date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing or ADR has been approved, the
provisions specified in Section IV shall be final when the extension
expires if a hearing or ADR request has not been received. If ADR is
requested, the provisions specified in Section IV shall be final
upon termination of an ADR process that did not result in issuance
of an order.
For the Nuclear Regulatory Commission.
Kriss M. Kennedy, Regional Administrator, NRC Region IV.
Dated this 29th day of March 2018
APPENDIX
EVALUATION AND CONCLUSION
On December 12, 2017, the U.S. Nuclear Regulatory Commission
(NRC) issued a Notice of Violation and Proposed Imposition of Civil
Penalty (Notice) for violations identified during an NRC inspection.
Qal-Tek Associates, LLC (Qal-Tek or Licensee) responded to the
Notice on January 11, 2018. The Licensee did not dispute the
violations or severity, however, the Licensee requested mitigation
of the proposed civil penalty amount. The NRC's evaluation and
conclusion regarding the Licensee's request is as follows:
Summary of the Licensee's Request for Mitigation of Civil Penalty
Amount
The Licensee stated that the problem was identified by the
Licensee because of their self-monitoring effort of proper package
receiving operations. The Licensee stated that it implemented timely
actions to identify the root cause of the problem and develop
corrective actions. Also, the Licensee stated that it discontinued
transporting similar types of packages until corrective actions were
implemented.
NRC Evaluation of Licensee's Request for Mitigation of Civil
Penalty Amount
The NRC Enforcement Policy, Section 2.3.4.b.2(b), states, in
part, that when a problem requiring corrective action is identified
through an event (i.e., the problem is self-revealing), the decision
as to whether to give the Licensee credit for actions related to
identification normally should consider the ease of discovery,
whether the event occurred as a result of a Licensee's self-
monitoring effort (i.e., whether the Licensee was ``looking for the
problem''), the degree of Licensee initiative in identifying the
problem, and whether prior opportunities existed to identify the
problem. Any of these considerations may be overriding if
particularly noteworthy or particularly egregious.
In this case, the Licensee discovered the problem because the
Licensee was following the requirements for package receipt per 10
CFR 20.1906, ``Procedures for receiving and opening packages.''
Specifically, this regulation requires Licensees to monitor the
external surfaces of packages for radioactive contamination and
radiation levels as soon as practical after receipt of the package.
But for its adherence to these requirements, there is no indication
that the Licensee would have otherwise discovered the problem.
In addition, the NRC determined that identification credit
should be withheld due to two prior opportunities that existed for
the Licensee to identify the problem prior to the event. The first
opportunity involved the preparation of the package from Idaho
Falls, Idaho, to New York City. A Qal-Tek radiation safety officer,
who was under schedule
[[Page 19310]]
pressure, deviated from using the typical containment system that
possessed a positive fastening device because of package weight
considerations. This change resulted in the radiation safety officer
using a containment system that did not have a positive fastening
device. This change should have caused a review to determine if
shipping requirements were satisfied, but did not. When the package
arrived in New York City another Qal-Tek radiation safety officer
had an opportunity to identify that the package containment system
did not utilize a positive fastening device, failed to do so, and
used the same package for the return shipment back to Idaho Falls
resulting in the event. Further, the lack of a fastening device on
the containment system was apparent and should have been identified
by anyone handling the containment system.
As documented in the NRC Inspection Report 030[dash]34866/2017-
001, dated October 11, 2017 (NRC's Agencywide Documents Access and
Management System (ADAMS) Accession ML17236A425), the NRC concluded
that both radiation safety officers lacked a questioning attitude.
Specifically, both individuals recognized that the containment
system did not have a positive fastening device and neither raised
the concern to their management. Rather, both individuals used a
wooden board as an incorrect method to secure the lid of the
containment system.
Conclusion
Based on its evaluation, the NRC has concluded that these
violations occurred as stated and that the Licensee did not provide
an adequate basis for mitigation of the proposed civil penalty.
Therefore, the NRC will impose a civil penalty in the amount of
$22,400.
[FR Doc. 2018-09229 Filed 5-1-18; 8:45 am]
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