EA-03-042 - JANX
June 2, 2003
John A. Newland, President
8500 E. Michigan Avenue
Parma, MI 49269
|SUBJECT:||NOTICE OF VIOLATION
(NRC SPECIAL INSPECTION REPORT NO. 030-11772/2003-001(DNMS))
Dear Mr. Newland:
This refers to the special inspection conducted on February 12 and 13, 2003, at your office in Parma, Michigan, and our continued in-office review through February 27, 2003, of your written report, dated February 20, 2003. The purpose of the inspection was to review the circumstances, root and contributing causes, and your proposed corrective actions related to an overexposure event. The inspection report was transmitted to you in a March 25, 2003 letter, and documented two apparent violations involving the failure to: (1) maintain the annual occupational exposure to an individual adult below 5 rem total effective dose equivalent; and (2) establish administrative controls to reduce an individual's occupational dose by 1.25 rem for each quarter for which previous exposure records were unavailable.
In the letter transmitting the inspection report, we provided you the opportunity to address the apparent violations identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. During a telephone conversation on March 26, 2003, between you and Jamnes Cameron of my staff, you declined the opportunity to attend a predecisional enforcement conference, but indicated that you would provide a written response. You provided a response to the apparent violations in your April 15, 2003 letter.
Based on the information developed during the inspection and the information that you provided in your February 20 and April 15, 2003 letters, the NRC has determined that two violations of NRC requirements occurred. The violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report.
Violation A involves the failure to maintain the annual occupational exposure to an individual adult below 5 rem total effective dose equivalent. The NRC considers any exposure in excess of regulatory limits a significant matter. The NRC expects licensees to conduct their operations in a manner that precludes such exposures from exceeding the limits established in 10 CFR Part 20. Therefore, this violation has been categorized in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 at Severity Level III.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $6000 is considered for a Severity Level III violation. Because your facility has not been the subject of escalated enforcement actions within the last two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.C.2 of the Enforcement Policy. Credit is warranted for Corrective Action that included modifying the x-ray crawler radiography procedure to reduce operator exposure by increasing operator distance from the source, dividing operation of the control source among personnel involved with the job, and changing the operation mode of the crawler to only use the source when stopping or changing the direction of the crawler versus using the source at every weld location. Other corrective actions included: (1) reemphasizing, to authorized users, the importance of accurately recording pocket chamber dosimeter readings; (2) implementing revised dosimeter badge procedures that provide a more timely distribution and collection of dosimeter badges; (3) immediately entering 1.25 rem in the new hires exposure records for each quarter where records were unavailable and the individual was engaged in activities that could have resulted in occupational radiation exposure; and (4) tracking requests to previous employers for exposure records so that timely responses are received.
Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty. In addition, issuance of this Severity Level III violation constitutes escalated enforcement action, that may subject you to increased inspection effort.
Violation B involves the failure to establish appropriate administrative controls to limit the individuals occupational dose by 1.25 rem for each quarter for which previous exposure records were unavailable. In accordance with the Enforcement Policy, this violation is categorized at Severity Level IV.
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in your February 20 and April 15, 2003, letters. Therefore, you are not required to respond to this letter unless the description in your letters does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response, if any, will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at the Public NRC Library. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction. The NRC also includes significant enforcement actions on its Web.
|/RA/ James L. Caldwell for
|J. E. Dyer
Docket No. 030-11772
License No. 21-16560-01
Enclosure: Notice of Violation
cc: State of Michigan
NOTICE OF VIOLATION
|Docket No. 030-11772
License No. 21-16560-01
During an NRC inspection conducted between February 12 and 27, 2003, two violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below:
|A.||10 CFR 20.1201(a)(1)(i) requires, with exceptions not applicable here, that the licensee control the occupational dose to individual adults to an annual limit of 5 rem total effective dose equivalent.
|Contrary to the above, the licensee did not limit the annual occupational dose to an individual adult, a radiographer employed by JANX, to 5 rem, total effective dose equivalent. Specifically, the individual received 5.99 rem, total effective dose equivalent, for the period December 16, 2001 to December 15, 2002.
|This is a Severity Level III violation (Supplement IV).
10 CFR 20.2104(e)(1) requires that if the licensee is unable to obtain a complete record of an individual's current and previously accumulated occupational dose, the licensee assume, in establishing administrative controls under Part 20.1201(f) for the current year, that the allowable dose limit for the individual is reduced by 1.25 rem for each quarter for which records were unavailable and the individual was engaged in activities that could have resulted in occupational radiation exposure.
10 CFR 20.1201(f) requires that the licensee reduce the dose an individual may be allowed to receive in the current year by the amount of occupational dose received while employed by any other person.
Contrary to the above, during the fourth quarter of 2002, the licensee, while unable to obtain a complete record of an individual's previously accumulated occupational dose, did not establish administrative controls for the current year that reduced the dose limit for the individual by 3.75 rem for the three quarters for which records were unavailable and the individual was engaged in activities that resulted in occupational radiation exposure.
|This is a Severity Level IV violation (Supplement IV).|
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved, is already adequately addressed on the docket in your February 20 and April 15, 2003 letters. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description in your letters 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; EA-03-042," 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 III, 801 Warrenville Road, Suite 255, Lisle, 60532-4351 within 30 days of the date of the letter transmitting this Notice of Violation (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.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at the Public NRC Library. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.
Dated this 2nd day of June 2003.