ML20134K456

Forwards Insp Rept 15000004/96-17 on 961211-970127 & Nov. Two Apparent Violations Noted & Being Considered for Escalated EA

ML20134K456
Person / Time
Site:	15000004
Issue date:	02/11/1997
From:	Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Ballard R CALIFORNIA, STATE OF
Shared Package
ML20134K460	List: ML20134K456 ML20134K476 ML20134K484
References
EA-97-037, EA-97-37, NUDOCS 9702140035
Download: ML20134K456 (5)

See also: IR 015000004/1996017

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February 11, 1997

EA 97-037

Mr. Rodney D. Ballard, Vice President

Construction Testing & Engineering, Inc.

2414 Vineyard Ave, Suite G

Escondido, California 92029

SUBJECT: NRC INSPECTION REPORT 150-00004/96-17AND NOTICE OF VIOLATION

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Dear Mr. Ballard:

On January 27,1997, the NRC completed an inspection of activities performed by

Construction Testing & Engineering, Inc., (CTE) in areas of exclusive federal jurisdiction.

The inspection included a review of pertinent records and discussions with CTE personnel

at your Escondido, California, f acility and review of documents provided to the inspector

after the site visit. The inspection findings were discussed with you and members of your

staff on December 11,1996, at the conclusion of the site visit and during a telephonic exit

briefing on January 27,1997. The enclosed NRC Inspection Report 150-00004/96-17

presents the scope and results of this inspection.

Based on the results of this inspection, the NRC has determined that a violation of NRC

requirements occurred. The violation involved a failure to provide hazmat training to

employees who transported portable gauging devices on public highways as required by

49 CFR 172.700-704 and is cited in the enclosed Notice of Violation (Notice). 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.

In addition, two apparent violations were identified and are being considered for escalated

enforcement action in accordance with the " General Statement of Policy and Procedure for

NRC Enforcement Actions," NUREG-1600 (Enforcement Policy). The apparent violations

involved: (1) failure to obtain authorization under either a specific or general NRC license,

as required by 10 CFR 30.3, prior to performing licensable activities in areas of exclusive

federal jurisdiction from January through May 1996, and (2) failure to provide complete

and accurate information regarding CTE's activities in areas of exclusive federal jurisdiction

prior to June 1996 as required by 10 CFR 30.9. These apparent violations and the

circumstances associated with them are described in the enclosed report. Please be

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advised that the number and characterization of the apparent violations described in the

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enclosed inspection report may change as a result of further NRC review.

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As discussed with you during the exit briefing, the apparent violation involving the failure

to notify the NRC of activities performed in areas under its jurisdiction and to obtain the

requisite authorization prior to performing such activities is of greater concern because a

9702140035 970211

PDR

STPRG ESGCA

PDR

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Construction Testing & Engineering, Inc.

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Notice of Violation and Proposed imposition of Civil Penalty was issued to CTE in March

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1994 for a similar f ailure. Based on the findings of our inspection, it appears that

corrective actions taken by CTE were not effective in preventing recurrence of this

problem. You should be prepared to address this issue during the conference discussed

below.

A predecisional enforcement conference to discuss these apparent violations has been

scheduled for February 25,1997, at 10 a.m., in the NRC Region IV Walnut Creek Field

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Office. The conference will be open to the public in accordance with the NRC Enforcement

Policy (reference Federal Register Notice published on December 10,1996, Vol. 61,

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No. 238). The decisinn to hold a predecisional enforcement conference does not mean

that the NRC has determined that a violation has occurred or that enforcement action will

be taken. This conference is being held to obtain information to enable the NRC to make

an enforcement decision, such as a common understanding of the f acts, root causes,

missed opportunities to identify the apparent violations sooner, corrective actions,

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significance of the issues, and the need for lasting and effective corrective action. In

addition, this is an opportunity for you to point out any errors in our inspection report and

for you to provide any information concerning your perspectives on: 1) the severity of the

apparent violations,2) the application of the factors that the NRC considers when it

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determines the amount of a civil penalty that may be assessed in accordance with

Section VI.B.2 of the Enforcement Policy, and 3) any other application of the Enforcement

Policy to this case, including the exercise of discretion in accordance with Section Vll. In

presenting your corrective action, you should be aware that the promptness and

comprehensiveness of your actions will be considered in assessing any civil penalty for the

apparent violations. The guidance in the enclosed NRC Information Notice 96-28,

" Suggested Guidance Relating To Development and Implementation of Corrective Action,"

may be helpful.

You will be advised by separate correspondence of the results of our deliberations on this

matter. No response regarding these apparent violations is required at this time.

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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter,

Enclosures 1,2, and 5, and your response will be placed in the NRC Public Document

Room (PDR).

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Should you have any questions concerning this inspection, please contact

Mr. Kent M. Prendergast at (510) 975-0255 or Ms. Linda Howell at (817) 860-8213.

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Sincerely,

As

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Ross A. Sc:irano, Director

Division of Nuclear Materials Safety

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Docket No..

150-00004

License No. California 5309-80

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Construction Testing & Engineering, Inc.

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Encicsures:

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1. Ilotice of Violation

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2. NhC inspection Report 150-00004/96-17

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3. NRC Information Notice 96-28

4. NRC Enforcement Policy NUREG 1600

5. Predecisional Enforcement Conference Agenda

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cc w/ enclosures 1 & 2 only:

California Radiation Control Program Director

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