ML20053F025
| ML20053F025 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1982 |
| From: | Fredland D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Ward O MET LAB, INC. |
| References | |
| EA-81-051, EA-81-51, NUDOCS 8206100319 | |
| Download: ML20053F025 (22) | |
Text
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4 May 14,1982 Zs Oscar W. Ward, III President
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$y Met Lab, Inc.
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605 Rotary Street
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Hampton, Virginia 23661 b [ ' %
r'th 4,d In the Matter of
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< N'/'rg MET LAB, Inc.
(EA 81-51)
Dear Mr. Ward:
Enclosed fl'd a Stipulation of Settlement, along with a Motion and a proposed Order for consideration by the Administrative Law Judge.
The Stipulation is based upon our discussions, but does contain a few changes which I believe are not najor.
If the Stipulation is acceptable to Met Lab, please advise me as soon as possible by telephone. My number is (301)492-7149.
I will then advise Judge Margulies that a settlement agreement has been reached. Also, please sign the Stipulation and Motion and return them to this office. When I receive them, I will file the Motion, Stipulation and proposed Order with the Judge and send you a copy of the filing.
If you have any questions, please call.
Sincerely, Daniel R. Fredland Counsel for NRC Staff nclosures:
DISTRIBUTION-Stipulation ELD Rdr Motion NRC Central Order Fredland chron Subj.
Rdg.
Murray/Cunninaham info KC/SB/DH/AG info DESIGNATED ORIGINAD Certified By e
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Document Name:
SETTLEMEf!T Requestor's ID:
SHIRLEYF Author's Name:
DFredland Document Coments:
Stipulatics. of Settlement; 4/30/82
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
)
)
License No.
MET LAB, INC.
)
45-09963-01 605 Rotary Street
)
(EA81-51)
Hampton, VA 23661
)
STIPULATION OF SETTLEMENT Met Lab, Inc. (MLI) and the NRC Staff hereby agree to submit this Stipulation of Settlement for approval to the Administrative Law Judge assigned to preside over this proceeding; further, they agree, contingent upon such approval, contained in a decision or order which has become final, to be bound by the terms hereof.
1.
MLI affinns that the occupational dose record for Mr. David Deyo for the first calendar quarter of 1981 contains the radiation doses recorded on Mr. Deyo's film badges for that period, and that said record shall constitute the permanent record of Mr. Deyo's occupational dose.
2.
In making any health and safety related decision in the conduct of its business and operations for which radiation dose is a relevant consideration -- such as the reporting of events to the Nuclear Regulatory Commission or the assignment of work to radiogrephers -- MLI shall treat film b'adge (or other personnel radiation monitoring device) readings as the correct measurements of an employee's dose or doses. No exception to the foregoing shall be made unless the NRC Staff concurs that a reading in a particular situation is invalid. MLI reserves the right to contest the accuracy of such readings in any future adjudications before the Nuclear Regulatory Commission.
f
.~.
3.
MLI affirms that, beginning in February,1981, up to the present time it has taken the following actions to support radiological safety:
a.
a detailed re-enactment was conducted of the January,1981 incident in which David Deyo, a radiographer employed by MLI, improperly manipulated a guide tube containing a radiation source; b.
a check of each Utilization Log is performed by the Radiation Safety Officer (RS0) following every job (as opposed to monthly checks);
c.
radiation safety requirements for radiographic operations, including requirements for complete surveys, have been thoroughly reviewed by the RS0 with all MLI radiographers; d.
radiographers have been instructed to call the RSO immediately whenever an emergency or situation involving unusual difficulties arises on a job.
4.
MLI shall continue to implement Item 3b., and it will conduct a check no more than one week following each job. MLI shall repeat Items 3c. and 3d. semi-annually with each radiographer and radiographic assistant. Whenever a new radiographer is employed, regardless of such new employee's prior experience in radiography, steps 3c. and 3d.
shall be carried out with said new radiographer prior to conducting f
radiography.
5.
MLI agrees that, whenever the radiation exposure badge or other personnel radiation monitoring device of any employee registers a cumulative l
dose of 350 millirem or more in any month, MLI shall analyze the l
performance of the employee in order to ascertain the causes of the dose and to implement steps to reduce radiation exposure in the future.
l l
l l
t 6.
MLI agrees that its RS0 shall conduct a field audit of every radiographer employed by MLI, including full-time, temporary and part-time employees, at least once per calendar quarter.
7.
The NRC Staff finds that the foregoing terms and conditions constitute corrective actions which reasonably protect the public health and safety.
8.
The violations set forth in the Notice of Violation have been re-evaluated under the NRC Enforcement Policy, 47 FR 9987 (March 9, 1982), and the Director of Inspection and Enforcement on the basis thereof recommends that the penalty assessed in this matter be remitted in its entirety.
9.
MLI on the basis of the above withdraws its request for hearing.
FOR MET LAB, INC.
0.W. Ward, III, President Date:
FOR THE NUCLEAR REGULATORY COMMISSION I
Richard C. DeYoung, Director Office of Inspection and Enforcement Date:
Document flame:
MOTION MET LAB Requestor's ID:
SHIRLEYF Author's flame:
Daniel Fredland Document Connents:
Joint motion to terminate cp proceeding; 5/4/82
f 1
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
)
i
)
MET LAB, Inc.
)
License No. 45-09963-01 605 Rotary Street
)
(EA 81-51)
Hampton, Virginia 23661
)
l JOINT STAFF AND LICENSEE MOTION TO TERMINATE CIVIL PENALTY PROCEEDING Discussion between the NRC Staff and Met Lab, Inc. (MLI) concerning the facts, issues and evidence in this case have resulted in a proposed settlement of this proceeding. Based upon these discussions, MLI has agreed to corrective actions which, in the opinion of the Staff, reduce i
the likelihood of excessive radiation doses being received by MLI personnel and reasonably protect the health and safety of the public; MLI has further agreed to withdraw its request for hearing.
In
)
consideration of the foregoing, the Staff agreas that the penalty in this matter should be remitted in its entirety.
Accordingly, the Staff and MLI move that the Administrative Law Judge, in accordance with 10 C.F.R. 2.203 of the Commission's i
l i
I
Regulations, approve the attached Stipulation of Settlement and enter an order terminating this proceeding.
Respectfully submitted, Daniel R. Fredland Attorney for hRC Staff Oscar W. Ward, III President, Met Lab, Inc.
Dated at Bethesda, Maryland this day of
,1982 1
l l
l l
Document flame:
ORDER Requestor's ID:
SilIRLEYF Author's flame:
DFredland Document Coments:
4/30/82; Met Lab order
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Administrative Law Judge In the Matter of
)
)
License No.
MET LAB, INC.
)
45-09963-01 605 Rotary Street
)
(EA 81-51)
Hampton, VA 23661
)
ORDER The parties in the present matter having submitted to the Administrative Law Judge a Stipulation for Settlement (Stipulation),
which Stipulation specifies actions taken, and to be taken, by Met Lab, Inc. to promote the radiological safety of its operations, and which 4
contains the recommendation of the Director of the Office of Inspection and
]
Enforcement to remit the civil penalty in this matter, It is hereby Ordered that:
'. The aforesaid Stipulation of Settlement, which is appended hereto and incorporated herein by reference, is accepted as a basis for terminating and dismissing this proceeding; l
2.
The civil penalty assessed by the Director of the Office of Enforcement is remitted.
This matter is hereby terminated and dismissed.
Morton B. Margulies Administrative Law Judge Date:
1 l
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May 14, 1982 l
Oscar W. Ward, III President
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Met Lab, Inc.
<,s \\ P 605 Rotary Street
- eg Hampton, Virginia 23661 g
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Gj [lp%.,%.94 '1 2
'/'/ g y In the Matter of s
779 MET LAB, Inc.
(EA 81-51)
N Q%yr 4
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Dear Mr. Ward:
'9
- y. e Enclosed find a Stipulation of Settlement, along with a Motion 7n~ a proposed Order for consideration by the Administrative Law Judge. The Stipulation is based upon our discussions, but does contain a few changes which I believe are not major.
If the Stipulation is acceptable to Met Lab, please advise me as soon as possible by telephone. My number is
~
(301)492-7149.
I will then advise Judge Margulies that a settlement
- agreement has been reached. Also, please sign the Stipulation and Motion and return them to this office. When I receive them, I will file the Motion, Stipulation and proposed Order with the Judge and send you a copy of the filing.
If you have any questions, please call.
Sincerely, Daniel R. Fredland Counsel for NRC Staff
Enclosures:
DISTRIBUTI0tl Stipulation ELD Rdr
/
Motion NRC Central v' Order Fredland chron Subj.
Rdg.
Murray/Cunninaham info i
I.
DESIGNATED ORIGINAL KC/SB/DH/AG info X2M'
'b S o ')
Certified By
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OELD OELD IE 4^W) DF,redland:s.sf JPiturray JL,ieberman 3:
g e*n > 5/.14/82
..../.14/82 5/14/82 5
1 lecronomoocomcucuo OFFICIAL RECORD COPY
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-~~
~
~
UNITED STATES OF' AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUQGE In the Matter of
)
)
License No.
MET LAB, INC.
)
45-09963-01 605 Rotary Street
)
(EA81-51)
Hampton, VA 23661
)
STIPULATION OF SETTLEMENT Met Lab, Inc. (MLI) and the NRC Staff hereby agree to submit this Stipulation of Settlement for approval to the Adainistrative Law ' Judge assigned to preside over this proceeding; further, they agree, contingent upon such approval, contained in a decision or order which has become final, to be bound by the terms hereof.
I 1.
MLI affirms that the occupational dose record for Mr. David Deyo for the first calendar quarter of 1981 contains the radiation doses recorded on Mr. Deyo's film badges for that period, and that said record shall constitute the permanent record of Mr. Deyo's occupational dose.
2.
In making any health and safety related decision in the conduct of its business and operations for which radiation dose is a relevant consideration -- such as the reporting of events to the Nuclear Regulatory Commission or the assignment of work to radiographers -- MLI shall treat film badge (or other personnel radiation monitoring device) readings as the correct measurements of an employee's dose or doses.
No exception to the foregoing shall be made unless the NRC Staff concurs that a reading in a particular s.ituation is invalid. MLI reserves the right to contest the accuracy of such readings in any future adjudications before the Nuclear Regulatory Connission.
MLI affirms that, beginning in Febr'uary,1981', up to the present a
3.
time it has taken the following actions to support radiological-safety:
a detailed re-enactment was conducted of th'e fanuary, 1981 a.
incident in which David Deyo, a radiographer employed by MLI, a
improperly manipulated a guide tube containing a radiation source; a check of each Utilization Log is performed by the Radiation b.
Safety Officer (RS0) following every job (as opposed to monthly checks) radiation safety requirements for radiographic operations, c.
including requirements for complete surveys, have been thoroughly reviewed by the R50 with all MLI radiographers; radiographers have been instructed to call the RSO d.
immediately whenever an emergency or situation involving unusual difficulties arises on a job.
MLI shall continue to implement Item 3b., and it will conduct a 4.
MLI shall repeat check no more than one week following each job.
Items 3c. and 3d. semi-annually with each radiagrapher and radiographic Whenever a new radiographer is employed, regardless of assistant.
such new employee's prior experience in radiography, steps 3c. and 3d.
shall be carried out with said new radiographer prior to conducting radiography.
MLI agrees that, whenever the radiation exposure badge or other 5.
personnel radiation monitoring device of any employee registers a cum dose of 350 millirem or more in any month, MLI shall analyze the performance of the employee in order to ascertain the causes of the dose and to implement steps to reduce radiation exposure in the future.
6.
MLI agrees that its RSO shall c6nduct a field audit of every radiographer employed by MLI, including full-time, temporary and part-time employees, at least once per calendar quarter. '
7.
The NRC Staff finds that the foregoing terms and conditions constitute corrective actions which reasonably protect the public health and safety.
8.
The violations set forth in the Notice of Violation have been re-evaluated under the NRC Enforcement Policy, 47 FR 9987 (March 9, 1982), and the Director of Inspection and Enforcement on the basis thereof recommends that the penalty assessed in this matter be remitted in its entirety.
9.
MLI on the basis of the above withdraws its request for t. earing.
FOR MET LAB, INC.
0.W. Ward, III, President Date:
FOR THE NUCLEAR REGULATORY COMMISSION Richard C. DeYounc, Director Office of Inspetuon and Enforcement Date:
UNITED STATES OF' AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDDE In the Matter of
)
)
MET LAB, Inc.
License No. 45-09963-01 605 Rotary Street (EA81-51)
Hampton, Virginia 23661 JOINT STAFF AND LICENSEE MOTION TO TERMINATE CIVIL PENALTY PROCEEDING Discussion between the NRC Staff and Met Lab, Inc. (MLI) concerning the facts, issues and evidence in this case have resulted in a proposed settlement of this proceeding. Based upon these discussions, MLI has agreed to corrective actions which, in the opinion of the Staff, reduce the likelihood of excessive radiation doses being received by MLI personnel and reasonably protect the health and safety of the public; MLI' has further agreed to withdraw its request for hearing.
In consideration of the foregoing, the Staff agrees that the penalty in this matter should be remitted'in its entirety.
Accordingly, the Staff and MLI move that the Administrative Law Judge, in accordance with 10 C.F.R. 2.203 of the Commission's
,.n
~
i l
l,
Regulations, approve the attached Stipul5 tion of Settlement and enter an order terminating this proceeding.
Respectfullysub$itted, Daniel R. Fredland Attorney for NRC Staff Oscar W. Ward, III President, Met Lab, Inc.
Dated at Bethesda, Maryland this day of
,1982
UNITED STATES OF' AMERICA NUCLEAR REGULATORY C0t1 MISSION Before the Administrative Law Judge In the Matter of
)
)
License No.
MET LAB, INC.
)
45-09963-01 605 Rotary Street
)
(EA 81-51)
Hampton, VA 23661
)
ORDER The parties in the present matter having submitted to the Administrative Law Judge a Stipulation for Settlement (Stipulation),
which Stipulation specifies actions taken, and to be taken, by Met Lab, Inc. to promote the radiological safety of its operations, and which contains the recommendation of the Director of the Office of Inspection and Enforcement to remit the civil penalty in this matter, It is hereby Ordered that:
t 1.
The aforesaid Stipulation af Settlement, which is appended hereto and incorporated herein by reference, is accepted as a basis for terminating and dismissing this proceeding; 2.
The civil penalty assessed by the Director of the Office of Enforcement is remitted.
This matter is hereby terminated and dismissed.
Morton B. Margulies Administrative Law Judge Date:
.-.