ML071370537
| ML071370537 | |
| Person / Time | |
|---|---|
| Issue date: | 05/17/2007 |
| From: | Leelavathi Sreenivas NRC/OE |
| To: | U.S. Engineering Labs |
| Sreenivas L, OE,415-1285 | |
| References | |
| EA-07-035 EN-07-029 | |
| Download: ML071370537 (3) | |
Text
PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION Date: May 17, 2007 EN-07-029 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:
U.S. Engineering Laboratories, Inc. (USEL)
EA-07-035 903 East Hazelwood Avenue Rahway, NJ 07065
Subject:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $9,750 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $9,750 will be issued on or about May 22, 2007, to U.S. Engineering Laboratories, Inc. This action is based on violations of 10CFR 20.1802 and 10 CFR 20.2201(a) respectively. The first violation involved the failure to control and maintain constant surveillance of licensed material contained in a gauge while the material was in the public domain from October 2005 to March 2, 2006. The second violation involved the deliberate failure to immediately report the loss of licensed material to the NRC. In accordance with the NRCs Enforcement Policy, the two violations are categorized as Severity Level III problems.
Section VII.A.1(g) of the Enforcement Policy indicates that a case involving the loss, abandonment, or improper transfer or disposal of a sealed source or device should normally be assessed a civil penalty of at least the base amount of $3,250. In addition, this was not the first escalated enforcement action within two inspections for this licensee. Therefore, the NRC considered whether credit was warranted for Identification and Corrective Action. Credit for identification is not warranted because the violations were identified as a result of an event. Credit for corrective actions is warranted because the licensees corrective actions were considered prompt and comprehensive. In determining the appropriate civil penalty, the NRC considered that (1) this is licensees second failure to control or secure a gauge (reference EA-05-152 for a SL III violation involving the failure to control or secure radioactive material); and (2) the Assistant Radiation Safety Officer willfully failed to report loss of the gauge to the licensee management or the NRC for at least five months after becoming aware that it was missing. Due to these considerations, the NRC exercised enforcement discretion and increased the civil penalty amount by 100% to $6,500 for the first violation. A base penalty of $3,250 is warranted for the second violation in accordance with Enforcement Policys civil penalty assessment process. In summary, the NRC is proposing imposition of a total civil penalty of $9,750 for these two SL III violations.
It should be noted that the licensee has not been specifically informed of the enforcement action.
The schedule of issuance and notification is:
Mailing of Notice May 22, 2007 Telephone Notification of Licensee May 22, 2007 The licensee has thirty days from the date of the Notice in which to respond. Following NRC evaluation of the response, the civil penalty may be remitted, mitigated, or imposed by Order.
The States of New Jersey and the Commonwealth of Pennsylvania will be notified.
Contacts: Leelavathi Sreenivas, OE, 415-1285; David Solorio, OE, 415-0149 PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION
PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION Electronic Distribution: EN-07-029, May 17, 2007 OWFN Chairman Klein Comm. McGaffigan Comm. Merrifield Comm. Jaczko Comm. Lyons SECY OCA OPA OIP OWFN DO DEDR DEDMRT OE OGC NRR NSIR OI TWFN OCFO OP CENTER NMSS OIG OCIO RES ACRS FSME Regional Offices RI RII RIII RIV MAIL ADAMS DISTRIBUTION: (Hard copy)
C. Carpenter C. Montgomery D. Solorio S. Merchant L. Sreenivas OE r/f EA-07-035 File EN Binder K:\\Document Processing Center_Ascent\\ADAMSP8-2039\\downloads\\201 -
283\\259\\ML071370537.wpd ADAMS ACCESSION No.: ML071370537 OFFICE OE:ES OE:BC NAME LSreenivas DSolorio DATE 05/17/07 05/17/07 OFFICIAL RECORD COPY PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION