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EA-00-191 - Titan Atlantic Group

October 12, 2000

EA-00-191

Titan Atlantic Group
ATTN: J. R. Cottingham, P. E.
President
5240 Green's Dairy Road
Raleigh, NC 27616

SUBJECT:

NOTICE OF VIOLATION (INSPECTION REPORT NO. 150-00032/00-02)

Dear Mr. Cottingham:

This refers to the Nuclear Regulatory Commission (NRC) inspection conducted on August 8, 2000, at the Shaw Connex, Inc. facility in Troutville, Virginia. The purpose of the inspection was to determine whether activities performed in a non-agreement state under the general license granted to Titan Atlantic Group (Titan) pursuant to 10 CFR 150.20 (reciprocity) were conducted safely and in accordance with NRC requirements. The results of the inspection, including an apparent violation, were discussed with you on August 10, 2000, and formally transmitted to you by letter dated August 30, 2000. This letter also provided you the opportunity to either respond to the apparent violation in writing or request a predecisional enforcement conference. During a telephone conversation of September 6, 2000, you advised us of your intent to respond in writing. By letters dated September 25 and October 2, 2000, you responded to the apparent violation, and addressed the cause and corrective actions to prevent recurrence. We have reviewed your responses and have concluded that sufficient information is available to determine the appropriate enforcement action in this matter.

Based on the information developed during the inspection and the information that you provided in your response, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. The violation involves the performance of radiography in the Commonwealth of Virginia, a state under NRC jurisdiction, on August 8, 2000, by individuals who were not certified through a radiographer certification program. Certification is required by NRC regulations for radiographers performing radiography in areas subject to NRC jurisdiction.

Based on discussions with you and after review of your written responses, it appears that the underlying reason for the violation was your misunderstanding of the NRC's certification requirements when performing radiography in areas under NRC jurisdiction. NRC regulations required radiographer certification as of July 27, 1999. As a North Carolina specific license holder, Titan was not required to have radiographers certified when conducting radiography under the North Carolina license until April 1, 2001. However, you mistakenly believed that compliance with the North Carolina state certification requirements equated to compliance with NRC requirements while conducting radiography in an area of NRC jurisdiction.

During the inspection, the NRC observed the conduct of radiographic operations by individuals who had not received NRC certification. Although no specific safety concerns were identified, the NRC considers this violation to be significant. The requirement that individuals performing radiography in areas under NRC jurisdiction be certified provides the Agency, individuals involved in radiographic operations, and members of the public with a standard of assurance that radiographers possess the appropriate skills and knowledge necessary to perform radiography activities safely and in accordance with regulatory requirements. Therefore, the violation is categorized as a Severity Level III violation in accordance with the "General Statement of Policy and Procedures for NRC Enforcement Actions - May 1, 2000" (Enforcement Policy), NUREG-1600.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $2750 is considered for a Severity Level III violation. Because you have not been the subject of escalated enforcement action within the last two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process described in Section VI.C.2 of the Enforcement Policy. Your corrective actions included: (1) discontinuation of all radiographic activities in areas under NRC jurisdiction pending remedial action; (2) completion of certification for three radiographers and pending certification for three others; and (3) completion of a review of current NRC requirements relative to industrial radiography. Based on the above, NRC concluded that your actions were prompt and comprehensive, and credit was warranted for the factor of Corrective Action.

Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement action, I have been authorized to propose that no civil penalty be assessed in this case. However, similar violations in the future could result in further escalated enforcement action. In addition, issuance of this Notice constitutes escalated enforcement action, that may subject you to increased inspection effort.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your responses will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS). ADAMS is accessible from the NRC Web site at the Public NRC Library.

If you have any questions regarding this matter, please contact Douglas M. Collins, Director, Division of Nuclear Material Safety at 404-562-4700.

		Sincerely,
		Original Signed by Bruce S. Mallett
		Luis A. Reyes Regional Administrator

Docket No.: 150-00032
License No.: NC 092-1064-1

Enclosure: Notice of Violation

cc w/encl:
State of North Carolina

NOTICE OF VIOLATION

Titan Atlantic Group
Raleigh, North Carolina

Docket No. 150-00032
License No. NC 092-1064-1
EA-00-191

During an NRC inspection conducted on August 8, 2000, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions - May 1, 2000," NUREG-1600, the violation is listed below:

10 CFR 150.20 grants a general license to a holder of an Agreement State specific license to conduct the same activity in non-Agreement States, and the general license is subject to the provisions of all applicable regulations including 10 CFR Part 34, Subparts C through H.

10 CFR 34.43(a)(1) of Subpart D states, in part, that a licensee may not permit any individual to act as a radiographer until the individual has been certified through a radiographer certification program by a certifying entity in accordance with the criteria specified in Appendix A of 10 CFR Part 34.

Contrary to the above, on August 8, 2000, the licensee, which holds a specific license issued by the State of North Carolina to conduct industrial radiography, permitted an individual who was not certified through a radiographer certification program to act as a radiographer at the Shaw Connex, Inc. facility in Troutville, Virginia, a non-Agreement state, under an NRC general license granted under 10 CFR 150.20. (01013)

This is a Severity Level III violation (Supplement VI).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in the letter transmitting this Notice of Violation (Notice) and in Titan Atlantic Group's letters of September 25 and October 2, 2000. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, Region II within 30 days of the date of the letter transmitting this Notice.

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Under the authority of Section 182 of the Act, 42 U.S.C. 2232, any response shall be submitted under oath or affirmation.

Because any response will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRC's document system (ADAMS), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. ADAMS is accessible from the NRC Web site at the Public NRC Library. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 12^th day of October 2000

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