In the Matter of Universal Testing, LLC, Clearfield, UT; Confirmatory Order (Effective Immediately), 64250-64252 [E7-22389]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Notices]
[Pages 64250-64252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22389]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 150-00043 General License Pursuant to 10 CFR 150.20 EA-06-
259; EA-07-230]


In the Matter of Universal Testing, LLC, Clearfield, UT; 
Confirmatory Order (Effective Immediately)

    Universal Testing, LLC (Universal Testing) is the holder of a 
general license pursuant to 10 CFR 150.20 issued by the Nuclear 
Regulatory Commission (NRC or Commission). This general license was 
granted to Universal Testing at various times during calendar years 
2005, 2006, and 2007.

II

    An NRC inspection was conducted at your Clearfield, Utah, facility 
on April 4, 2006. Following that inspection, an investigation was 
initiated on May 8, 2006, by the NRC Office of Investigations (OI) in 
order to determine whether a radiographer employed by Universal Testing 
willfully violated NRC regulations.
    Based on the results of the NRC inspection and OI investigation, 
the NRC determined that a violation of NRC requirements occurred. The 
violation involved a failure to secure an industrial radiography 
exposure device containing licensed material as required by 10 CFR 
20.1801 and 10 CFR 20.1802. The NRC also determined that the violation 
resulted from willful actions on the part of the radiographer involved.

III

    In a letter dated February 23, 2007, the NRC issued a Notice of 
Violation and Proposed Imposition of Civil Penalty--$6,500 for the 
violation. In the February 23, 2007, letter, the NRC offered Universal 
Testing the opportunity to request Alternative Dispute Resolution (ADR) 
with the NRC in an attempt to resolve issues associated with these 
violations. In response to the February 23, 2007, letter, Universal 
Testing requested ADR to resolve the matter with the NRC. ADR is a 
process in which a neutral mediator, with no decision-making authority, 
assists the NRC and Universal Testing to resolve any differences 
regarding the matter.
    An ADR session was conducted between Universal Testing and the NRC 
in Arlington, Texas, on July 25, 2007. During that ADR session, an 
Agreement in Principle was reached. The elements of the agreement 
consisted of the following:
    1. Universal Testing will add one additional qualified person to 
conduct additional field audits of its radiographers. Universal Testing 
will conduct at least one unannounced field audit in NRC jurisdiction 
on each job where that job lasts more than 3 consecutive weeks.
    2. For a period of 1-year from the date of this Confirmatory Order, 
Universal Testing will notify the NRC the same day that it accepts any 
contract to perform a job in NRC jurisdiction.
    3. Within 30 days from the date of this Confirmatory Order, 
Universal Testing will develop and implement a disciplinary program 
with a graded approach for infractions. This disciplinary program will 
consider minor infractions up to willful failures to follow the rules. 
The disciplinary program will emphasize individual responsibility for 
radiation safety and radioactive material security, and will encourage 
reporting safety and security concerns. The disciplinary program will 
include a requirement that at least one individual who is in possession 
of a radiography camera be capable of responding to a security alarm.
    4. Universal Testing will develop, maintain, and implement a 
procedure for employees who are in possession of licensed material and 
who are away from the office, to notify company owners or managers of 
their location every evening. The intent of the notification is for the 
company to actively maintain knowledge of where licensed material is 
located every evening. Universal Testing will develop this procedure 
within 60 days of the date of this order. This procedure will include a 
requirement for reporting of safety and security concerns. The 
procedure will also include actions the company will take to find 
licensed material when it has not arrived at its expected location.
    5. Within 1-year from the date of this Confirmatory Order, 
Universal Testing will discuss with the Non-Destructive Testing 
Manager's Association (NDTMA) the possibility of an industry-based 
program to share information about radiography employees. The concept 
would be for this industry-based program to assist radiography 
companies to determine the trustworthiness and reliability of 
individuals applying for employment.
    6. Not later than 1-year from the date of this Confirmatory Order, 
Universal Testing will discuss with NDTMA the possibility of submitting 
an article or making a presentation to the membership. The article or 
presentation will address the conditions of this Confirmatory Order and 
the value it adds to overall safe and effective operations. 
Alternatively, Universal

[[Page 64251]]

Testing will propose to make a presentation to the local Salt Lake City 
Chapter of the ASNT on the same subject. Not later than 11 months from 
the date of this Confirmatory Order, a draft of the proposed article or 
presentation will be provided to the NRC Region IV office (in advance 
of the submittal) for review, comment, and concurrence.
    7. Universal Testing has expressed its intent to continue seeking 
radiography business in NRC's jurisdiction.
    8. If Universal Testing applies for an NRC license, Universal 
Testing will request that the conditions of this Confirmatory Order be 
incorporated into its license.
    9. The above provisions would not apply to any existing NRC 
licensee that may purchase Universal Testing, LLC. Universal Testing 
will promptly notify NRC Region IV if any existing NRC licensee agrees 
to purchase Universal Testing.
    10. In recognition of the extensive corrective actions, the NRC 
agrees to reduce the civil penalty originally proposed to $500.
    Some of the above conditions are clarified as indicated below. On 
October 29, 2007, Universal Testing consented to issuing this Order 
with the commitments, as described in Section IV below. Universal 
Testing further agreed that this Order is to be affective upon issuance 
and that it has waived its right to a hearing.
    Accordingly, pursuant to Sections 161b, 161i, 161o, 182, and 186 of 
the Atomic Energy Act of 1954, as amended, the Commission's regulations 
in 10 CFR 2.202, 2.205, 10 CFR parts 20, 34, 150, and in part 71 that 
references 49 CFR 177, it is hereby ordered, effective immediately, 
that:
    1. Within 30 days from the date of this Confirmatory Order, 
Universal Testing, LLC must pay the reduced civil penalty of $500 in 
accordance with NUREG/BR-0254 and submit to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
a statement indicating when and by what method payment was made.
    2. Universal Testing will add one additional qualified person to 
conduct additional field audits of its radiographers. Universal Testing 
will conduct at least one unannounced field audit in NRC jurisdiction 
on each job where that job lasts more than 3 consecutive weeks.
    3. For a period of one year from the date of this Confirmatory 
Order, Universal Testing will notify the NRC the same day that it 
accepts any contract to perform a job in NRC jurisdiction.
    4. Within 60 days of the date of this Order, Universal Testing will 
develop, maintain, and implement a procedure that contains the 
following requirements.
    (A) On occasions in which individuals are traveling away from the 
office, at least one individual who is in possession of a radiography 
camera shall be capable of responding to a security alarm 24 hours a 
day.
    (B) Employees who are traveling away from the office shall contact 
company managers every evening and provide company managers with the 
physical location of the employee and the radiography camera in order 
for the company to actively maintain knowledge of where licensed 
material is located.
    (C) The procedure will specify the actions company managers will 
take to locate licensed material when it has not arrived at its 
expected location and/or when an individual fails to make the required 
evening contact.
    (D) The procedure will require employees to report safety and 
security concerns.
    5. Within 30 days from the date of this Confirmatory Order, 
Universal Testing will develop, maintain, and implement a disciplinary 
program with a graded approach for infractions. This disciplinary 
program will consider minor infractions up to willful failures to 
follow the rules. The disciplinary program will emphasize individual 
responsibility for radiation safety and radioactive material security, 
and will encourage reporting safety and security concerns. The 
disciplinary program will consider the company's disciplinary actions 
for situations discussed in Item 4 above.
    6. Within 1-year from the date of this Confirmatory Order, 
Universal Testing will discuss with the Non-Destructive Testing 
Manager's Association (NDTMA) the possibility of an industry-based 
program to share information about radiography employees. The concept 
would be for this industry-based program to assist radiography 
companies to determine the trustworthiness and reliability of 
individuals applying for employment.
    7. Not later than 1-year from the date of this Confirmatory Order, 
Universal Testing will discuss with NDTMA the possibility of submitting 
an article or making a presentation to the membership. The article or 
presentation will address the conditions of this Confirmatory Order and 
the value it adds to overall safe and effective operations. 
Alternatively, Universal Testing will propose to make a presentation to 
the local Salt Lake City Chapter of the American Society of Non-
destructive Testing (ASNT) on the same subject. Not later than 11 
months from the date of this Confirmatory Order, a draft of the 
proposed article or presentation will be provided to the NRC Region IV 
office (in advance of the submittal) for review, comment, and 
concurrence.
    8. If Universal Testing applies for an NRC license, Universal 
Testing will request that the conditions of this Confirmatory Order be 
incorporated into its license.
    9. The above provisions do not apply to any existing NRC licensee 
that may purchase Universal Testing, LLC. Universal Testing will 
promptly notify NRC Region IV if any existing NRC licensee agrees to 
purchase Universal Testing.
    The Regional Administrator, NRC Region IV, may relax or rescind, in 
writing, any of the above conditions upon a showing by Universal 
Testing, LLC of good cause.
    Any person adversely affected by this Confirmatory Order, other 
than Universal Testing, may request a hearing within 20 days of its 
issuance. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made in writing to the Director, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a 
statement of good cause for the extension. Any request for a hearing 
shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 
20555. Copies also shall be sent to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
to the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address, to the Regional Administrator, NRC 
Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, and 
to Universal Testing, LLC, 393 South Main, Clearfield, Utah 84015. 
Because of the possible disruptions in delivery of mail to United 
States Government offices, it is requested that answers and requests 
for hearing be transmitted to the Secretary of the Commission either by 
means of facsimile transmission to 301-415-1101 or by e-mail to 
hearingdocket@nrc.gov and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to OGCMailCenter@nrc.gov. If such a person requests a hearing, that 
person shall set forth with particularity the manner in which his 
interest is

[[Page 64252]]

adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309 (d) and (f).
    If a hearing is requested by 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 Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions 
specified in Section IV above shall be final 20 days from the date of 
this Order without further order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions 
specified in Section IV shall be final when the extension expires if a 
hearing request has not been received.
    An answer or a request for hearing shall not stay the immediate 
effectiveness of this order.

    Dated this 6th day of November, 2007.

    For the Nuclear Regulatory Commission.
Leonard D. Wert,
Acting Regional Administrator.
 [FR Doc. E7-22389 Filed 11-14-07; 8:45 am]
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