EA-98-347 - Cardinal Surveys Company
July 22, 1998
EA 98-347
James S. McLaughlin, President
Cardinal Surveys Company
P.O. Box 729
Odessa, Texas 79760-0729
| SUBJECT: | NRC INSPECTION REPORT NO. 150-00042/98-09 AND NOTICE OF VIOLATION |
Dear Mr. McLaughlin:
This refers to the inspection conducted on June 11-12, 1998, at your office
in Odessa, Texas. The enclosed report presents the results of this inspection.
A preliminary exit briefing was conducted with your staff at the conclusion
of the inspection. A telephonic exit briefing was later conducted with
you on June 26, 1998.
Based on the information developed during the inspection, 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 significance of the violation and the need for lasting and effective
corrective action were discussed with members of your staff at the conclusion
of the inspection and during the telephonic exit briefing with you on
June 26, 1998. The violation involved the failure to file an NRC Form
241 for proposed activities in non-Agreement states in accordance with
10 CFR 150.20. Licensed material was used in a non-Agreement
state on April 17, 1998, without prior authorization from NRC's Region
IV office in Arlington, Texas. The NRC acknowledges that the licensee
identified their failure to file an NRC Form 241, at which time Cardinal
immediately contacted the NRC Region IV office and submitted a properly
completed NRC Form 241.
The NRC considers the violation to be significant, in part, because this
failure denied the NRC the opportunity to inspect to assure the safety
of Cardinal's activities. 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.
Based on our review of the inspection findings and your discussion of
proposed corrective actions during the inspection conducted on June 12,
1998, the NRC has concluded that we have sufficient information to make
an enforcement decision without the need for a predecisional enforcement
conference.
In accordance with the Enforcement Policy, a base civil penalty in the
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.
Based on the corrective actions that you have previously described, it
appears that credit is warranted for prompt and comprehensive corrective
actions. As noted below, the decision on providing credit for corrective
action will be subject to your confirming on the license docket that the
actions previously described to the staff have been or are being taken.
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 at this time. 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.
You are required to respond to this letter and should follow the instructions
specified in the enclosed Notice when preparing your response. The NRC
will use your response, in part, to determine whether further enforcement
action is necessary to ensure compliance with regulatory requirements.
As provided for in the enclosed Notice, you are required to include a
description of the reasons for the violation, if admitted, and your corrective
action. This description should address the actions taken following identification
and the long term comprehensive actions taken or that will be taken to
prevent recurrence. Your response should be submitted under oath or affirmation
and may reference or include previous docketed correspondence if the correspondence
adequately addresses the required response. If the NRC is satisfied with
your response, you will be notified that this enforcement action is completed.
However, if your documented corrective action is not sufficiently prompt
and comprehensive such that a civil penalty may be warranted, we may telephone
you or schedule a predecisional enforcement conference with you. In addition,
if you dispute the enclosed violation or its severity level, you should
describe the basis for the dispute in your response. Further, you may
request that an enforcement conference be held, in which case, please
advise D. Blair Spitzberg, Ph.D. within 7 days of the date
of this letter. In the absence of such a request but where matters are
disputed, we may also elect to hold an enforcement conference. In the
event that a conference is to be held, it will be scheduled at least 2 weeks
after receiving the written response to the Notice. Following review of
any disputes and the record of the conference, if held, a decision will
be made to modify, withdraw, or affirm the Notice and, if warranted, issue
a civil penalty.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy
of this letter, its enclosures, and your response will be placed in the
NRC Public Document Room (PDR).
| Sincerely, |
||
| /s/ |
||
| Ellis W. Merschoff Regional Administrator |
Docket No.: 150-00042
License No.: Texas L00065
Enclosures: As stated
NOTICE OF VIOLATION
| Cardinal Surveys Company Odessa, Texas |
Docket No. 150-00042 License No. Texas L00065 EA 98-347 |
During an NRC inspection conducted on June 11-12, 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 four 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 April 17, 1998, Cardinal Surveys Company, a licensee of Texas used licensed materials in Oklahoma, a Non-Agreement State, without filing Form 241 with the NRC. This is a Severity Level III violation (Supplement VI). (01013). |
Pursuant to the provisions of 10 CFR 2.201, Cardinal Surveys Company,
is hereby required to submit a written statement or explanation to the
U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington,
D.C. 20555, with a copy to the Regional Administrator, Region IV, within
30 days of the date of the letter transmitting this Notice of Violation
(Notice). This reply should be clearly marked as a "Reply to a Notice
of Violation" and should include for each violation: (1) the reason for
the violation, or, if contested, the basis for disputing the violation
or severity level, (2) the corrective steps that have been taken and the
results achieved, (3) the corrective steps that will be taken to avoid
further violations, and (4) the date when full compliance will be achieved.
Your response may reference or include previous docketed correspondence,
if the correspondence adequately addresses the required response. If an
adequate reply is not received within the time specified in this Notice,
an order or a Demand for Information may be issued as to why the license
should not be modified, suspended, or revoked, or why such other action
as may be proper should not be taken. Where good cause is shown, consideration
will be given to extending the response time.
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). If safeguards information is necessary to provide an acceptable
response, please provide the level of protection described in 10 CFR 73.21.
Dated at Arlington, Texas
this 22nd of July 1998
