EA-04-031 – Anglin Civil Constructors, Ltd.

April 7, 2004

EA-04-031

Doug Anglin
Anglin Civil Constructors, Ltd.
42750 Grand Rivers
Novi, MI 48375

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORT NOS. 030-36377/2004-001 AND -002(DNMS))

Dear Mr. Anglin:

This refers to the inspection conducted on January 22 and 23, 2004, of Anglin Civil Constructors, Ltd. (Anglin), Novi, Michigan. The purpose of the inspection was to evaluate whether licensed activities were conducted safely and in accordance with your license and the NRC's rules and regulations. The inspection report (NRC Inspection Report Nos. 030-36377/2004-001 and -002(DNMS)) was transmitted to you on February 19, 2004, and documented one apparent violation of NRC requirements involving the failure to secure from unauthorized removal or limit access to licensed materials in a controlled area or maintain constant surveillance of the material.

In the letter transmitting the inspection report, we provided you with the opportunity to address the apparent violation identified in the report by either attending a predecisional enforcement conference or by providing a written response before we made our final enforcement decision. In a letter, dated March 22, 2004, Mr. Jim Ratliff of your staff provided a written response to the apparent violation.

Based on the information developed during the inspection and the information provided in Mr. Ratliff's response to the inspection report, dated March 22, 2004, 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 involved a failure to secure from unauthorized removal or limit access to licensed materials in a controlled area or maintain constant surveillance of the material. During the inspection on January 22, 2004, the NRC identified that your staff had left a moisture density gauge unsecured and unattended in an unlocked office at a temporary job site in Fort Gratiot, Michigan.

Although there were no actual safety consequences associated with this violation, the failure to secure from unauthorized removal or limit access to licensed materials, or maintain constant surveillance of licensed materials, is a significant safety issue. Implementation of adequate security measures is intended to prevent the loss or theft of licensed materials and to prevent members of the public from being unknowingly and unnecessarily exposed to radiation. 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 $3000 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 was warranted for corrective actions that included: (1) immediately securing the portable gauge; (2) implementing a policy for returning the gauge to the base storage facility at the end of each day of use; (3) training appropriate staff on the proper security of the gauge; and (4) incorporating a continuous review of portable gauge safety issues as part of your company's quarterly, monthly and weekly safety seminars.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement actions, 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.

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 Inspection Report Nos. 030-36377/2004-001 and -02 (DNMS) and Mr. Ratliff's March 22, 2004, letter. Therefore, you are not required to respond to this letter unless the descriptions in our report or Mr. Ratliff's letter do 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 2.390 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), which is 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 Issued Significant Enforcement Actions on its Web site.

		Sincerely,
		/RA/ Geoffrey E. Grant for
		James L. Caldwell Regional Administrator

Docket No. 030-36377
License No. 21-32466-01

Enclosure: Notice of Violation

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NOTICE OF VIOLATION

Anglin Civil Constructors, Ltd. Novi, Michigan

Docket No. 030-36377 License No. 21-32466-01 EA-04-031

During an NRC inspection conducted January 22 through 23, 2004, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 20.1801 requires that the licensee secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas. 10 CFR 20.1802 requires that the licensee control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. As defined in 10 CFR 20.1003, controlled area means an area, outside of a restricted area but inside the site boundary, access to which can be limited by the licensee for any reason; and unrestricted area means an area, access to which is neither limited nor controlled by the licensee.

Contrary to the above, on January 22, 2004, the licensee did not secure from unauthorized removal or limit access to a Troxler Model 3430 nuclear gauge containing approximately 8 millicuries of cesium-137 and 40 millicuries of americium-241 located in an unlocked, unattended office, which is a controlled area, nor did the licensee control and maintain constant surveillance of this licensed material.

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

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 Inspection Report Nos. 030-36377/2004-001 and -02 (DNMS) and Mr. Ratliff's March 22, 2004, letter. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the descriptions in our report and Mr. Ratliff's letter do 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-04-031" and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, within 30 days of the date of the letter transmitting this Notice of Violation.

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), which is 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 7^th day of April 2004.