[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Notices]
[Pages 9063-9065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3877]



-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION
[Docket No. 030-12279, License No. 45-17151-01 EA 95-003]


Order Modifying License

    In the Matter of Material Testing Laboratories, Inc.

I

    Material Testing Laboratories, Inc. (Licensee) is the holder of 
Byproduct Material License No. 45-17151-01 (License) issued by the 
Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR 
parts 30 and 34. The License authorizes, in part, possession and use of 
byproduct material not to exceed 200 curies of Iridium-192 per source 
in the operation of radiography exposure devices. The License further 
authorizes the Licensee to perform radiography at temporary job sites 
in accordance with the conditions specified therein. The License, 
originally issued on March 17, 1977, was renewed on December 16, 1993, 
and is due to expire on December 1, 1998.

II

    On November 15, 1994, an inspection of NRC-licensed activities was 
conducted at a temporary job site in Northern Virginia and at the 
Licensee's office in Norfolk, Virginia. As a result of the inspection, 
apparent violations of NRC requirements were identified, which are the 
subject of a Notice of Violation and Proposed Imposition of Civil 
Penalty issued this date. The violations identified during the NRC 
inspection include:
    1. Use of NRC-licensed material by an unauthorized and unqualified 
individual, in violation of 10 CFR 34.31(b);
    2. Failure to maintain direct surveillance of radiographic 
operations by an authorized and qualified individual, in violation of 
10 CFR 34.41;
    3. Failure to perform an adequate survey following a radiographic 
exposure, in violation of 34.43(b);
    4. Failure to post a high radiation area, in violation of 10 CFR 
34.42; and
    5. Failure to post the Licensee's radiography vehicle as a 
radioactive material storage area at a temporary job site, in violation 
of Condition 20 A. of the License.
    A transcribed enforcement conference was conducted in the NRC 
Region II office in Atlanta, Georgia, on December 20, 1994, to discuss 
the violations, their cause, and the Licensee's corrective actions. 
During the enforcement conference, the Licensee acknowledged that 
weaknesses in management and in Radiation Safety Officer oversight of 
the Lorton, Virginia, field office activities contributed to the 
violations. These weaknesses included a lack of appreciation by 
management and the Radiation Safety Officer (RSO) of the effect of 
excessive overtime work on employees' performance and failure to 
promptly monitor work practices of the radiographer involved in the 
November 15, 1994, violations following the indications of his poor 
performance by a State of Maryland inspection which identified a 
failure to maintain a radiography exposure device under constant 
surveillance and control.

III

    Based on the above, the NRC has concluded that the Licensee has 
violated NRC requirements. The performance of NRC-licensed activities 
requires use of appropriate safety procedures, training of personnel 
regarding those procedures, meticulous attention to detail by personnel 
conducting radiography, and proper oversight by Licensee management to 
ensure these activities are conducted safely and in accordance with NRC 
requirements. This attention is particularly important during the 
performance of radiography given the high radiation levels that can 
result from use of the sources. The failure to properly control the use 
of the radiography devices could result in significant radiation 
exposure to individuals, both employees and members of the general 
public. The radiographer who had primary responsibility for use and 
control of NRC-licensed material at the temporary job site failed to 
maintain proper control and surveillance during radiographic 
operations. The radiographer, as noted above, one month earlier also 
failed to maintain constant surveillance and control of a radiography 
exposure device in the State of Maryland. In addition, based on the 
violations and weaknesses identified above and information and 
statements obtained during the transcribed enforcement conference, the 
RSO, who has the responsibility for ensuring that NRC requirements are 
met, had not adequately controlled or maintained oversight of the 
Licensee's NRC-licensed activities in the Northern Virginia area to 
ensure compliance with all NRC requirements including the conditions of 
the License.
    The violations described in Section II of this Order and the 
concerns set forth above demonstrate a significant lack of attention to 
required radiation safety requirements by the radiographer and lack of 
management control and oversight of radiographic operations by the RSO 
and Licensee management. Specifically, after the incident in Maryland, 
the ROS did not identify the root causes of the violations, the RSO did 
not perform a field audit of the radiographer's performance, and the 
retraining of the involved radiographer was not sufficient to prevent 
the November 15, 1994 incident which had similar violations. 
Consequently, I lack the requisite reasonable assurance that the 
Licensee's current operations can be conducted under License no. 45-
17151-01 in compliance with the Commission's requirements and that the 
[[Page 9064]] health and safety of the public, including the Licensee's 
employees, will be protected. Therefore, the public, health, and safety 
and interest require that the License be modified as described below in 
Section IV. Furthermore, pursuant to 10 CFR 2.202, I find that the 
significance of the violations described above is such that the public 
health, safety and interest require that this Order be immediately 
effective.

IV

    Accordingly, pursuant to sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR parts 30 and 34, it is hereby 
ordered, effective immediately, that license no. 45-17151-01 is 
modified as follows:
    A. The Licensee shall retain and maintain the services of an RSO 
approved by Region II to oversee the activities of its radiographers 
based at the Lorton, Virginia, facility. The RSO duties must take 
priority over any other duty. The Licensee shall within 30 days submit 
the name and qualifications of the Lorton RSO for approval to the 
Regional Administrator, Region II.
    B. The Licensee shall retain the services of an independent 
individual or organization (consultant) to perform an initial 
assessment of the Licensee's radiation safety program in Lorton, 
Virginia, and quarterly audits thereafter for a period of one year to 
determine compliance with all NRC requirements. The consultant shall 
also provide recommendations for program improvements to ensure 
effective management oversight and control of radiography operations. 
Within 30 days of the date of this Order, the Licensee shall submit to 
the Regional Administrator, NRC Region II, for review and approval, the 
name and qualifications of the consultant it proposes to conduct the 
assessment and audits. The consultant shall be independent of the 
Licensee's staff and have experience in the management and 
implementation of a radiation safety program, including activities 
similar to those authorized by the License.
    C. Within 60 days of the date of NRC approval of the consultant 
selection, as described above, the Licensee shall have the consultant 
submit its assessment report to the Licensee and to the Regional 
Administrator, NRC Region II. Within 30 days of the end of each 
quarterly audit period, the Licensee shall have the consultant submit 
its audit report and any recommendations for improvements to the 
Licensee and to the Regional Administrator, NRC Region II. The 
assessment and audits of the Licensee's radiography program shall 
include, but not be limited to:
    1. A review of the adequacy of the Licensee's management control 
and oversight in ensuring that radiographer and equipment requirements, 
personnel monitoring requirements, radiation safety procedures in 
radiographic operations, and other NRC requirements are followed 
including:
    (a) The Licensee's program for training, retraining, and qualifying 
all individuals involved in using, supervising, inspecting, and 
auditing activities involving NRC-licensed material;
    (b) The scope, methods, and frequency of the Licensee's program of 
surveillance and audits to determine compliance by individual users of 
NRC-licensed materials with NRC requirements, the conditions of the 
License, and the Licensee's own procedures for the safe use of 
radioactive materials;
    (c) The RSO's functions and oversight activities, including the 
methods of monitoring the radiation of safety program to ensure that 
problems or violations are promptly identified and corrected; and
    (d) The Licensee's radiation safety program for developing and 
implementing operating and emergency procedures for the safe use of 
NRC-licensed material, and record keeping and documentation.
    2. On-site reviews at the Licensee's Lorton, Virginia, office of 
activities and records maintained for users, and interviews and 
observations of selected authorized users working at various locations.
    3. Direct observation during each quarterly audit of, at a minimum, 
one radiographer employed at the Lorton, Virginia, office performing 
industrial radiography activities with NRC-licensed material. The 
audits should ensure that all radiographers at the Lorton, Virginia, 
office are observed within the year.
    D. Within 30 days of the date of the initial assessment report and 
of each quarterly audit report, the Licensee shall submit to the 
Regional Administrator, NRC Region II, the Licensee's response to the 
report either describing the implementation of each of the necessary 
corrective actions or recommendations from the audit report, or 
justification for not needing any corrective action or for not adopting 
one or more of the specific recommendations. Each Licensee response 
shall include a status report on action items completed or to be 
completed with appropriate priorities assigned and any schedules for, 
or dates of, completion of each specific item.
    E. The Licensee shall ensure that the work of the radiographer 
involved in the November 14, 1994 violations, as a radiographer using 
NRC-licensed material, is audited by the independent consultant within 
30 days of the radiographer's return to unsupervised work and quarterly 
thereafter for one year. All audits shall include direct observation of 
the radiographer performing industrial radiography with NRC-licensed 
material.
    F. For a period of one year from the date of this Order, the 
Licensee shall notify NRC Region II, by 9:00 a.m. (Eastern Time) Monday 
(or Tuesday, if Monday is a federal Holiday) of each week, of the 
location in non-Agreement states where the radiographer involved in the 
November 15, 1994 violations will be conducting radiography operations. 
This notification shall include the date, time, and specific location 
where radiography is planned to allow NRC to conduct an unannounced 
inspection. If unplanned work arises after the Monday notification, the 
new work can be performed by the involved radiographer in a non-
Agreement state provided that the NRC has been given prior notice. 
Notification shall be made by telephone to Mr. Douglas M. Collins, 
Chief, Nuclear Materials Safety and Safeguards Branch, or his 
designated representative, at (404) 331-5586 or by facsimile at (404) 
331-5559.
    The Regional Administrator, Region II, may, in writing, relax or 
rescind any of the above conditions upon demonstration by the Licensee 
of good cause.

V

    In accordance with 10 CFR 2.202, the Licensee must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order, and may request a hearing on this Order, within 20 days of the 
date of this Order. The answer may consent to this Order. Unless the 
answer consents to this Order, the answer shall, in writing and under 
oath or affirmation, specifically admit or deny each allegation or 
charge made in this Order and set forth the matters of fact and law on 
which the Licensee or other person adversely affected relies and the 
reasons as to why the Order should not have been issued. Any answer or 
request for a hearing shall be submitted to the Secretary, U.S. Nuclear 
Regulatory Commission, ATTN: Chief, Docketing and Services Section, 
Washington, D.C. 20555. Copies also shall be sent to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory 
[[Page 9065]] Commission, Washington, D.C. 20555, to the Assistant 
General Counsel for Hearings and Enforcement at the same address, to 
the Regional Administrator, NRC Region II, 101 Marietta Street, Suite 
2900, Atlanta, Georgia 30323, and to the Licensee if the answer or 
hearing request is by a person other than the Licensee. If a person 
other than the Licensee requests a hearing, that person shall set forth 
with particularity the manner in which his interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.714(d). If a hearing is requested by the Licensee or a person 
whose interest is adversely affected, the Commission will issue an 
Order designating the time and place of any hearing. If a hearing is 
held, the issue to be considered at such hearing shall be whether this 
Order should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee, or any other 
person adversely affected by this Order, may, in addition to demanding 
a hearing, at the time the answer is filed or sooner, move the 
presiding officer to set aside the immediate effectiveness of the Order 
on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland this 9th day of February 1995.

    For the Nuclear Regulatory Commission.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards, and 
Operations Support.
[FR Doc. 95-3877 Filed 2-15-95; 8:45 am]
BILLING CODE 7590-01-M