ML24012A063
| ML24012A063 | |
| Person / Time | |
|---|---|
| Site: | 15000020 |
| Issue date: | 01/12/2024 |
| From: | Monica Ford Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Chocala F Thermo EGS Gauging |
| References | |
| IR 2023002 | |
| Download: ML24012A063 (1) | |
See also: IR 015000020/2023002
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
REGION I
475 ALLENDALE ROAD - SUITE 102
KING OF PRUSSIA, PA 19406-1415
January 12, 2024
Flavio Chocala
Radiation Safety Officer
22 Alpha Road
Chelmsford, MA 01824
SUBJECT:
THERMO EGS GAUGING, LLC - NRC INSPECTION REPORT
NO. 150-00020/2023-002 AND NOTICE OF VIOLATION
Dear Flavio Chocala:
This letter refers to the NRCs review following your submission of an NRC Form 241 on
Saturday, November 18, 2023, requesting NRC approval consistent with Title 10 of the Code of
Federal Regulations (10 CFR) 150.20(b)(2), for licensed activities to-be-performed on the same
day. The NRC acknowledged receipt on Monday, November 20, 2023. This review was deemed
an inspection following the determination that your activities performed on November 18, 2023,
constituted licensed activities. This inspection examined your activities as they relate to public
health and safety and to confirm compliance with the Commission's rules and regulations.
Within these areas, the inspection consisted of selected examination of representative records
and interviews with personnel at Thermo EGS Gauging, LLC. The NRC requested and received
information related to your activities, to the nuclear gauge upon which they were directed, and
the personnel who performed or directed these activities. A final telephonic exit briefing was
conducted with you on January 11, 2024.
Based on the results of this inspection, the NRC has determined that a Severity Level IV
violations of NRC requirements occurred. This violation was evaluated in accordance with the
NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's Web site at
https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The violation involved
the failure to receive NRC approval prior to the performance of activities under the general
license granted in 10 CFR 150.20. In addition, the NRC evaluated whether the general license
granted under 10 CFR 31.6 General License to Install Devices Generally Licensed in [10 CFR]
31.5 applied, and determined that the fixed gauge in question was distributed to and possessed
under the authority of a specific NRC license, and therefore the general license granted under
10 CFR 31.6 did not apply.
You are required to respond to this letter and should follow the instructions specified in the
enclosed Notice when preparing your response. If you have additional information that you
believe the NRC should consider, you may provide it in your response to the Notice. The NRC
review of your response to the Notice will also determine whether further enforcement action is
necessary to ensure compliance with regulatory requirements.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice and Procedure," a copy of
this letter and your response will be made available electronically for public inspection in the
NRC Public Document Room located at NRC Headquarters in Rockville, MD, and from the
NRCs document system, the Agencywide Documents Access and Management System
F. Chocala
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(ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To
the extent possible, your response should not include any personal privacy or proprietary
information so that it can be made available to the Public without redaction. If you have any
questions regarding this matter, please contact Jason vonEhr of my staff at (610) 337-5256 or
via electronic mail at Jason.vonEhr@nrc.gov.
Thank you for your cooperation.
Sincerely,
Monica Ford, Chief
Commercial, Industrial, R&D
and Academic Branch
Division of Radiological Safety and Security
Region I
Docket No. 150-00020
License No. MA-20-6751
Enclosure:
cc w/ enclosure:
State of Michigan
Commonwealth of Massachusetts
Monica L. Ford
Digitally signed by Monica L.
Ford
Date: 2024.01.12 09:23:05
-05'00'
F. Chocala
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THERMO EGS GAUGING, LLC - NRC INSPECTION REPORT NO. 150-00020/2023-002 AND
NOTICE OF VIOLATION DATED JANUARY 12, 2024
DISTRIBUTION:
None
X
SUNSI Review JEV1
X
Non-Sensitive
Sensitive
X
Publicly Available
Non-Publicly Available
OFFICE
RI:DRSS
RI:DRSS
NAME
DATE
1/11/24
1/12/24
OFFICIAL RECORD COPY
Enclosure
Docket No. 150-00020
Chelmsford, MA
License No. MA-20-6751
During an NRC inspection conducted remotely from November 20, 2023, through January 9,
2024, a violations of NRC requirements was identified. In accordance with the NRC
Enforcement Policy, the violation is listed below:
10 CFR 150.20(b)(2) requires, in part, that any person engaging in activities in non-
Agreement States shall file an amended NRC Form 241 or letter with the Regional
Administrator to request approval for changes in work locations, radioactive material, or
work activities different from the information contained on the initial NRC Form 241.
Contrary to the above, on November 18, 2023, Thermo EGS Gauging, LLC, which was
authorized for possession and use of radioactive material under a specific license issued by
the Commonwealth of Massachusetts, performed service provider activities on Saturday,
November 18, 2023, without receiving NRC approval for those activities. Specifically,
Thermo EGS Gauging, LLC, performed licensed activities, including the operation,
troubleshooting, and repair of a fixed nuclear gauge at a clients site in Michigan, a non-
Agreement State, having submitted an amended NRC Form 241 prior to the performance of
work but without receiving approval by the NRC prior to commencing these licensed
activities.
This was determined to be a Severity Level IV violation (NRC Enforcement Policy
Section 6.9.d.14).
Pursuant to the provisions of 10 CFR 2.201, Thermo EGS Gauging, LLC, 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 I, 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, (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, any response
which contests an enforcement action shall be submitted under oath or affirmation.
Your response will be placed in the NRC Public Document Room (PDR) and on the NRC Web
site. To the extent possible, it should, therefore, not include any personal privacy, proprietary, or
safeguards information so that it can be made publicly available without redaction. However, if
you find it necessary to include such information, you should clearly indicate the specific
F. Chocala
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information that you desire not to be placed in the PDR, and provide the legal basis to support
your request for withholding the information from the public.
In accordance with 10 CFR 19.11, you may be required to post this Notice within two working
days of receipt.
Dated This _12th__ day of _January_ 2024