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EA-98-157 - Wyatt Engineering, Inc.

June 19, 1998

EA 98-157

Mr. Richard Wyatt, Owner
Wyatt Engineering, Inc.
2250 Second Avenue North
Lewiston, Idaho 83501

SUBJECT:

NOTICE OF VIOLATION
(NRC Inspection Report No. 150-00011/97-01 and Investigation Report No. 4-97-057)

Dear Mr. Wyatt:

This refers to your letter dated May 27, 1998, in response to our letter dated April 20, 1998. Our inspection and investigation were conducted in order to determine the circumstances surrounding Wyatt Engineering's conduct of licensed activities in the state of Idaho without an NRC license and without reciprocity, during the years 1994 through 1997. The inspection and investigation findings were discussed with you and members of your staff during a telephonic exit briefing on April 8, 1998. Our April 20 letter identified one apparent violation and, prior to the NRC making an enforcement decision, provided you with the opportunity to either respond to the apparent violation or to request a predecisional enforcement conference. You did not request a predecisional enforcement conference, but instead provided a written response in your May 27 letter.

Based on the information developed during the inspection and investigation, and the information that you provided in your May 27 response to the inspection report, 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. Specifically, due to changes in personnel and confusion about NRC's reciprocity requirements, Wyatt Engineering conducted licensed activities in the state of Idaho without an NRC license or reciprocity. This was discovered during a state of Washington inspection at your Spokane, Washington facility.

This violation did not result in any safety consequences. The significance of this violation is that it results in the NRC not being aware of licensed activities being conducted in NRC jurisdiction, such that the NRC is not in a position to inspect the activity and address public health and safety issues. 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 civil penalty in the base amount of $2,750 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.B.2 of the Enforcement Policy. Your corrective actions included immediately requesting reciprocity and applying for an NRC license, which was subsequently granted. Also, you appointed a company radiation safety officer and other individuals to take care of the administration of the gauges in both the states of Idaho and Washington. Based on these actions, the NRC has determined that credit was warranted for the Corrective Action factor.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have been authorized, 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.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room.

	Sincerely,
	\signed by Ellis W. Merschoff\
	Ellis W. Merschoff Regional Administrator

Docket No. 030-34581
License No. 11-27573-01

Enclosure: Notice of Violation

NOTICE OF VIOLATION

Wyatt Engineering, Inc.
Lewiston, Idaho

Docket No. 030-34581
License No. 11-27573-01
EA 98-157

During an NRC inspection and investigation completed on April 8, 1998, 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 150.20(a) provides in part that any person who holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in non-Agreement States, provided that the provisions of 10 CFR 150.20(b) have been met.
	10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non-Agreement States, shall, at least 3 days before engaging in each such activity, file 4 copies of NRC Form-241, "Report of Proposed Activities in Non-Agreement States", with the Regional Administrator of the appropriate NRC regional office.
	Contrary to the above, on numerous occasions in 1994, 1995, 1996, and 1997, Wyatt Engineering, aka Wyatt-Jaykim Engineers, a licensee of the state of Washington, used cesium-137 and americium-241 sealed sources in portable gauges in the state of Idaho, a non-Agreement State, without filing Form-241 with the NRC. (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 NRC Inspection Report No. 150-00011/97-01 and the Licensee's letter dated May 27, 1998. 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, D.C. 20555 with a copy to the Regional Administrator, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, 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 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, this response shall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. 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).

Dated at Arlington, Texas
this 19th day of June 1998

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