ML24348A034
| ML24348A034 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/2024 |
| From: | Peter Habighorst NRC/OIP/ECNP |
| To: | Deible C Schlumberger Technology Corp |
| Shared Package | |
| ML24348A016 | List: |
| References | |
| EA-24-127 | |
| Download: ML24348A034 (1) | |
Text
EA-24-127 Mr. Charles Deible Radiation Safety Officer Schlumberger Technology Corporation 300 Schlumberger Drive, MD-121 Sugar Land, TX 77478
SUBJECT:
FAILURE TO PROPERLY NOTIFY U.S. NUCLEAR REGULATORY COMMISSION IN ADVANCE OF IMPORT SHIPMENT AND NOTICE OF VIOLATION
Dear Mr. Deible:
This letter refers to the U.S. Nuclear Regulatory Commission (NRC) review of Voluntary Self-Disclosure letter, submitted by Pillsbury Winthrop Shaw Pittman LLP, on behalf of Schlumberger Technology Corporation (STC), dated October 10, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24295A021). The review examined STC import of Category 2 radioactive material generally licensed under Title 10 of the Code of Federal Regulations (10 CFR) 110.27 which required advance notification to the NRC under 10 CFR 110.50. During a phone call on November 1, 2024, Ms. Jones and Ms. Savoy of the NRC, discussed the corrective actions that were detailed in the Voluntary Self-Disclosure letter dated October 10, 2024. Subsequent to that phone call, Pillsbury Winthrop Shaw Pittman LLP, on behalf of STC, submitted additional information in Supplement to Voluntary Self-Disclosure letter dated November 15, 2024 (ADAMS No. ML24325A047).
Based on the October 10, 2024, Voluntary Self-Disclosure letter, and the Supplement to Voluntary Self-Disclosure letter dated November 15, 2024, submitted by Pillsbury Winthrop Shaw Pittman LLP, on behalf of STC, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice). The violation involved failures associated with the advance notification requirement in 10 CFR 110.50. Specifically, the violation involves STC importing three Category 2 quantities of Am-241/Be, and three Category 2 quantities of Cesium-137, a total of six radioactive sources were returned from Colombia to the United States in May 2023. The violation has been categorized in accordance with the NRC Enforcement Policy at Severity Level IV. The NRC Enforcement Policy can be found on the NRCs website at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html The NRC has concluded that information regarding: (1) the reason for the violation; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance was achieved is already adequately addressed on the docket in in your letters dated October 10 and November 15, 2024. Therefore, you are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice.
December 18, 2024
C. Deible 2
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosures and your response will be made available electronically for public inspection in the Public Document Room or from the NRCs document system Agencywide Documents Access and Management System accessible from the NRC Website 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 personal privacy or proprietary information is necessary to provide an acceptable response, 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 information, 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 2.390(b) to support a request for withholding confidential commercial or financial information).
Please contact Peter J. Habighorst at (301) 287-9241 or Joanne Savoy at 301-287-9092 or via email at Joanne.Savoy@nrc.gov if you have any questions regarding this matter.
Sincerely, Peter J. Habighorst, Chief Office of International Programs Export Controls and Nonproliferation Branch
Enclosure:
Notice of Violation Signed by Habighorst, Peter on 12/18/24
ML24348A016 (pkg) ML24348A034 (ltr)
OFFICE OIP/ECNP OE/EB OD: OIP BC: OIP/ECNP NAME JSavoy JMS DFurst DXF DSkeen PHabighorst DATE 12/09/2024 12/09/2024 12/17/2024 12/18/2024
Enclosure NOTICE OF VIOLATION Schlumberger Technology Corporation EA-24-127 Sugar Land, TX During a U.S. Nuclear Regulatory Commission (NRC) in-office review of records that was completed in November 2024, a violation of NRC requirements was identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
10 CFR 110.50(c)(4) states, in part, that import notifications must be received by the NRC at least 7 days in advance of each shipment.
Contrary to the above, Schlumberger Technology Corporation (STC) failed to provide notifications 7 days in advance for six shipments of radioactive sources. Specifically, on May 30, 2023, STC imported three Category 2 quantities of Am-241/Be, and three Category 2 quantities of Cesium-137, a total of six radioactive sources from Colombia without providing an advanced notification of at least 7 days to the NRC.
This is a Severity Level IV violation (NRC Enforcement Policy, Section 6.15)
The NRC has concluded that information regarding: (1) the reason for the violation; (2) the corrective actions that have been taken and the results achieved; and (3) the date when full compliance was achieved is already adequately addressed on the docket in your letters dated October 10 and November 15, 2024.
However, if the description therein does not accurately reflect your position or your corrective actions, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 within 30 days of the date of the letter transmitting this Notice of Violation. In that case, or if you choose to respond, clearly mark your response as a Reply to a Notice of Violation; EA-2024-127, and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to David Skeen, Director, Office of International Programs.
If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy or proprietary information so that it can be made available to the public without redaction.
C. Deible 2
Enclosure 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 that such material is withheld from public disclosure, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390(b) to support a request for withholding confidential commercial or financial information).
Dated this 18th day of December 2024