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United States Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555

Reference: Reply to Notice of Violation Docket Number: 03035452

February 8, 2017

ECS Mid-Atlantic, Chesapeake, VA License Number: 45-25532-01

Dear Sirs:

In accordance with 10 CRF 2.201, ECS Mid-Atlantic, LLC is providing this reply to the above referenced Notice of Violation following an audit conducted by Steven Courtemanche on November 30, 2016. The following actions have been taken to correct and to avoid reoccurrence of the two noted violations.

Violation Item (A) - License Condition 18 of License 45-25532-01

The violation occurred following damage to the manufacturer installed hasp loop that is included as part of the latch systems which made locking the transport case not possible. The latching devices however remained operable in its ability to secure the lid in the cl.osed position. The licensee installed locally purchased hasps and installed them adjacent to the manufacturer's latches in order to lock the transport case for continued use.

The transport case in question was removed from service, and replaced by North East Technical Services on January 16, 2017 with an approved Transportation Case for a Troxler Gauge 3411-B. Please see copy of invoice attached.

In the future, transportation cases will not be altered or repaired by our staff. If they are damaged, they will be repaired by the case manufacturer or authorized service provider, or replaced.

The date of full compliance with this violation is January 16, 2017.

Violation Item (B) - License Condition 19 of NRC License No. 45-25532-01

The violation occurred following unrelated incidences of the loss of dosimetry badges where the lost badge was replaced using a spare badge that was part of the quarterly dosimetry package received from Landauer; Unfortunately, due to human error, the dose recorded from the spare badge was not assigned to the appropriate

· Authorized User on four occasions.

Using the dosimetry record and device utilization logs, we were able to determine the appropriate Authorized User for the dosimetry badges for each of the four wear periods in question. The dose recorded for spare badges has been applied to the -:f'E: D 1

~,vj05DJ ,_J05?

Reply To A Notice of Violation Docket 03035452 ECS Mid-Atlantic, LLC License 45-25532-01 February 8, 2017

applicable Authorized User's dose record with ECS and with Landauer; and the dose records for these individuals were reevaluated after inclusion of the additional dose.

After reevaluation of the annual dose of each of the affected individuals, it was determined that the addition of the dose recorded on the spare badge did not increase their total accumulated dose above the annual occupational dose limits as specified in 1 O CFR 20.1207 for the affected calendar year. Revised Annual D,ose Reports on NRC Form 5 were provided by Landauer and subsequently issued to the affected employees by ECS.

To avoid potential reoccurrence, a memorandum was sent to Radiation Safety Officers within ECS to reinforce ·the importance of immediately notifying our dosimetry provider of the identity of the individual to whom a spare dosimetry badge is assigned to ensure proper allocation of the dose recorded on the spare badge and to maintain compliance with NRC regulatory requirements, and ECS policy.

The date of full compliance with this violation is January 30, 2017.

ECS Mid-Atlantic, LLC is committed to maintaining the security of the radioactive materials in our possession as well as to protecting the safety of our personnel and the safety of the public. We recognize the importance of regulatory compliance and will continue to do so.

If you have any questions, please feel free to contact us at 757-366-5100.

Respectfully, '·.

ECS Mid-Atlantic, LLC

~;JJ;\.1\L David M. Matheny J Radiation, Safety Officer

804 Professional Place West . Chesapeake, Virginia 23320

AM~ f ~,,}); Micha'el J. Galli, P.E., D.GE Vice President, Branch Manager

Enclosures: Notice of Violation, Docket No. 03035452 Invoice for New Case Memorandum to ECS RSOs Email from Landauer providing revised dosimetry reports, (individual attachment reports withheld for privacy reasons)

CC: Mr. Blake Welling, United States Nuclear Regulatory Commission, Region I Mr. Leo Titus, ECS Mid-Atlantic, President Mr. Grant Walker, ECS Mid-Atlantic, LLC. Sr. Vice President Mr. James R Carpenter, ECS Corporate Services, LLC. Sr. Vice President Mr. Ronald Newman, ECS Corporate Services, LLC. Vice President, Corp. Radiation Compliance Officer

2

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UNITED STATES NUCLEAR REGULATORY COMMISSION

REGION I

Docket No. 03035452

Michael J. Galli, P.E. Vice President/Branch Manager ECS Mid-Atlantic, LLC 804 Professional Place West Chesapeake, VA 23320

2100 RENAISSANCE BOULEVARD, SUITE 100 KING OF PRUSSIA, PA 19406-2713

January 18, 2017

License No. 45-25532-01

SUBJECT: NRC INSPECTION REPORT NO. 03035452/2016001, ECS MID-ATLANTIC, LLC, VIRGINIA BEACH, VIRGINIA SITE, WALLOPS ISLAND TEMPORARY JOBSITE, AND NOTICE OF VIOLATION

Dear Mr. Galli:

On November 30,.2016, Steven Courtemanche of this office conducted a safety inspection at 2700 International Parkway, Virginia Beach, Virginia and a-temporary jobsite in Wallops Island, Virginia, with continuing in-office review through January 9, 2017. The inspection examined your licensed activities as they relate to radiation safety and to compliance with the Commission's regulations and the license conditions. The inspection consisted of observations by the inspector, interviews with personnel, and a selective examination of representative records. The findings of the inspection were discussed with David Matheny of your staff via telephone at the conclusion of the inspection.

Based on the results of thjs inspection and in accordance with the NRG Enforcement Policy, the NRC has determined that two Severity Level IV violations of NRG requirements occurred. The

· circumstances surrounding these violations, the significance of the issues, and the need for lasting and ettective corrective action were discussed with you and members of your staff on November 30, 2016, at the conclusion of the on-site inspection, and again with Mr. Matheny on January 9, 2017, via telephone at the exit ·meeting.

The violations involved: 1) the failure to evaluate the performance capability of modified packages (shipping containers) with respect to compliance with design requirements of 4~ CFR 173.412 and the test requirements in 49 CFR 173.465; and 2) the failure to evaluate occupational exposure of individuals who lost dosimeters, assign exposure recorded on replacement dosimeters or for new employees issued dosimeters from unassigned dosimeters, and to evaluate anomalous dosimeter readings as required by License Condition No. 19.

The violations are cited in the enclosed Notice of Violation (Notice), because the violations were identified by the NRC. The violations were evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRC's Web site at: http://www.nrc.gov/about-nrc/regulatorv/enforcemenVenforce-pol.html.

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M.Galli 2

. rforing ou·r inspection exft foieptione meeting on Januar¥ 9, ·2cffi: Mr. Ma:ttieny-indicatecfihat- --you have taken or will take corrective and preventative actions to address each violation and that ECS Mid-Atlantic, LLC is committed to radiation safety and to compliance with NRC regulations and licensed conditions. Further, Mr. Matheny stated verbally that the licensee has taken or will take the following corrective and preventative actions:

1) The shipping containers that were at temporary jobsites were examined upon their return to the office and found to be in compliance;

2) The modified shipping container was taken out of service and sent back to the manufacturer and replaced as of late December 2016; and

3) The Radiation Safety Officer will review dosimetry records and contact the dosimetry processor by the end of January 2017 to make revisions to the dosimetry record for those individuals who either lost their dosimetry and were issued replacement dosimetry, were Issued dosimetry as new employees, or who had received anomalous readings.

You are requ1red 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 snould consider, you may provide it in your response to the Notice.

In accordance with 1 o CFR 2.390 of the NRC's aRules of Practice," a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRG document system (ADAMS), accessible from the NRC website at http://www.nrc.gov/readinq-rm/adams.html. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Publi~ without redaction.

Current NRG regulations and guidance are included on the NRC's website at www.nrc.gov; select Nuclear Materials; Med, Ind, & Academic Uses; then Regulations, Guidance and Communications. The current Enforcement Policy is included on the NRC's website at www.nrc.gov; select About NRC, Organizations & Functions; Office of Enforcement; Enforcement documents; then Enforcement Policy {Under 'Related Information'). You may also obtain these documents by contacting the Government Printing Office (GPO) toll-free at 1-866-512-1800. The GPO is open from 8:00 a.m. to 5:30 p.m. EST, Monday through Friday (except Federal holidays).

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M. Ga!li 3

Please contact Steven Courtemanche at 610-337-5075 if you have any questions regarding this matter.

Enclosure:

Sincerely,

Blake Welling, Chief Commercial, Industrial, R&D

and Academic Branch Division of Nuclear Materials Safety

Notice of Violation

cc w/Encl: David M. Matheny, Radiation Safety Officer Commonwealth of Virginia

ECS Mid-Atlantic, LLC Chesapeake, VA

NOTICE OF VIOLATION

DocketNo. 03035452 License No. 45-25532-01

During an NRC inspection conducted on November 30, 2016, with continuing in-office review through January 9, 2017, two violations of NRC requirements were identified. In accordance with the NRC Enforcement Policy, the violations are listed below:

A. License Condition 18 of NRC License No. 45-25532-01 requires the licensee to conduct licensed activities in accordance with 10 CFR 71 regarding the transportation of licensed materials.

10 CFR 71 .5(a) requires, in part, that each licensee who transports licensed material outside the site of usage, as specified in the NRC license. or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the Department of Transportation (DOT) regulations in 49 CFR Parts 107, 171 through 180, and 390 through 397.

49 CFR 173.461 (a) requires, in part, that compliance with the design requirements in 49 CFR Part 173.412 and the test requirements in 49 CFR Parts 173.465 through 173.469 must be shown by any of the methods appropriate for the particular feature being evaluated.

Contrary to the above, as of November 30, 2016, ECS Mid-Atlantic, LLC did not evaluate the performance capability of modified packages (shipping containers) with respect to compliance with design requirements of 49 CFR 173.412 and the test requirements in 49 CFR 173.465. Specifically, the licensee installed new hasps onto the shipping container for one of its portable moisture density gauges after the manufacturer's hasps broke and used the shipping container to transport the portable moisture density gauge on May 31, 2016, June 1 and 2, 2016, June 23, 2016, and July 6, 2016, to temporary jobsites in areas of exclusive jurisdiction without performing the evaluation.

This is a Severity Level IV violation (Enforcement Policy Section 6.8).

B. License Condition 19 of NRG License No. 45-25532-01 requires, except as specifically provided otherwise in the license, that the licensee conduct its program in accordance with the application dated September 23, 2010. The U.S. Nuclear Regulatory Commission's regulations shall govern unless the statements, representations, and procedures in the licensee's application correspondence are more restrictive than the regulations.

Item 10, "Radiation Safety Program - Occupational Dosimetry" of the application dated September 23, 2010, requires that either the licensee shall maintain, for inspection by the NRC, documentation demonstrating that unmonitored individuals are not likely to receive a radiation dose in excess of 10 percent of the allowable limits in 10 CFR Part 20, or the licensee will provide dosimetry processed and evaluated by an NVLAP-approved processor that is exchanged at a frequency recommended by the processor.

Notice of Violation ECS Mid-Atlantic, LLC

2

Contrary to the above, as of November 30, 2016, the licensee provided dosimetry which was processed and evaluated by an NVLAP-approved processor and were exchanged at a frequency recommended by the processor except in the case of lost dosimetry. Specifically, the Radiation Safety Otticer did not make an evaluation of the potential dose received by authorized users for the wear period of the lost dosimeters, did not amend the dosimetry records of authorized users for the dose recorded on the replacement dosimetry assigned to the authorized users in place of the lost dosimetry or new employees who were assigned unused dosimetry, and did not evaluate anomalous dosimeter readings.

This is a Severity Level IV violation (Enforcement Policy Section 6.3).

Pursuant to the provisions of 10 CFR 2.201, ECS Mid-Atlantic, LLC is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATIN: 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 tor 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 publically available without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific 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 1 O CFR 19.11, you may be required to post this Notice within two working days of receipt.

Dated This \~ay of January 2017

Memo To:

From:

Date:

Re:

Radiation Safety Officers \

Ronald R. Newma~_ January 30, 2017

Use of Spare Dosimetry Badges

ECS Corporate Services, LLC.

Many offices have embraced the practice of having Landauer to issue spare dosimetry badges with each shipment of dosimetry badges. The intent of this practice is to allow the RSO to be able to quickly issue a badge to an Authorized User that may have lost a badge or to a new Authorized User that has completed all of their external radiation safety, USDOT Haz-Mat and your office's ECS Program Specific training and thus is ready for on the job training using a portable moisture density gauge.

In order to ensure that ECS complies with US NRC, and State regulatory requirement, it is vital that you immediately call Landauer Customer Service and have the spare badge assigned to the individual that will be using the badge at the time you issue a spare badge. Any delay in having the badge properly assigned increases the risks of not having the dose properly allocated to the employee. Once a spare badge is assigned to an employee, it cannot be reassigned to or used by another employee.

Explain to the Landauer customer services representative why you are issuing the spare badge and they will guide you on any further actions that may be needed. This is especially important when it applies to issuing a spare badge to a new Authorized User.

If the spare badge is being issued to replace a lost badge, then the employee that lost the badge must write a letter explaining the circumstances that lead to the loss of the badge and must assist you , the RSO, is establishing an estimated dose for the period of time represented by the lost badge.

One last very important note, the CONTROL Badge cannot be used as a Spare Badge! The control badge is used to measure the naturally occurring radiation in your local environment. The amount of natural radiation it detects is subtracted from the radiation levels recorded on each Authorized User's badge to determine the occupation radiation the user receives.

If you have any questions, please contact me directly.

North East Technical Services, Inc.

\Vcstminstcr, ~ID 2115-75 Aileron Cr., Suite 4

Tax ID# 20-0655476

(410) 751-5090

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RNewman

From: Sent: To: Subject: Attachments:

Hello,

csrecords@landauer.com

Monday, January 30, 2017 3:19 PM

RNewman; DMatheny

RE: Account 134741

000l_FORMSA_AC13474l_SUB _PN00097 _ YR201S._DT170130141414.pdf; 0001

_FORMSA_AC13474l_SUB _PN00150_ YR2014_DT170130141534.pdf; 0001

_FORMSA_AC134741_SUB _PN00131_ YR2012_DT170130141444.pdf; 0001

_FORMSA_AC134741_SUB _PN00099_ YR2010_DT170130141645.pdf

This request has been prqcessed. The corrected reports are attached and will be mailed out and will be available on myLDR later today. Thank you,

kwilliams

Dosimetry Records The Global Leader in Radiation Science and Services. 2 Science Road, Glenwood, Illinois 60425-1586 + 1.800.438.3241 Phone +708.754.2671 Fax csrecords@landauerinc.com

· www.landauer.com NYSE: LOR Go paperless with LANDAUER by emailing us at gopaperless@landauer.com. Retrieve electronic copies of dose reports via myLDR.com, LANDAUER's secure and expedient way of accessing reports. Once enrolled you will receive automatic email notifications every time a report is generated for your account. Go.Paperless with LANDAUER provides innovative solutions to include: mass download multiple reports at one time, review and sign reports using eSignature. Protect confidenti,al employee and dosimetry information while protecting the environment.

myLDR.com®

LANDAUER offers our clients free of charge with 24-hour access to myLDR.com®; an online account management tool for your dosimetry program. • Immediate entry and processing of account changes into our system •Instantly review and print confirmation of completed changes • Up to date status on all active and terminated participants • Ability to update Shipping, Billing, and Reporting addresses • Easily retrieve and print invoices and_reports to include E-signature functionality •Pay open invoices online with a checking account or credit card

To obtain a login today, simply visit myLDR.com and choose request user login.

From: RNewman@ecslimited.com Sent: 2017-0l-30T20:17:49.000Z To: DMathen y@ecslimited.com;csrecords@lanc;lauer.com Subject: RE: Account 134741

Samantha, would it be possible to get revised annual summary reports for each of these individual for the years affected?

Take Care

RONALD R. NEWMAN, CWI, NOT Level Ill

Vice President, Director of Corporate Safety

Corporate Radiation Compliance Officer

ECS Corporate Services, LLC 14026 Thunderbolt Place, Su.ite 300, Chantilly, VA 20151-0265

T: 571-299-6000 0: 336-478-1607 C: 336-362-321 O F: 703-832-0265 www.ecslimited.com

I ~ ~···--·1 Being safe Is a choice .•. • cholca that you and you' fBmlly can live with!

Confidential/proprietary message/attachments. Deleie message/attachments if not intended recipient.

From: DMatheny Sent: Monday, January 30, 2017 2:23 PM To: csrecords@landauer.com Subject: RE: Account 134741

Samantha,

Good afternoon, I have researched the dosages using utilization logs and your Quarterly results.

Could you please assign the dosages as follows and forward a statement from Landauer showing that we allocated the dose from the spare badge for those four wear periods to the appropriate users, and include that in our response to the NRC.

2

. - --- ~ ~r. Spare #1 Period 7/15/2015-10/14/2015 assign to

Spare #1 Period 4/15/2012-7114/2012 assign to

Spare #1 Period 7/15/2010-10/14/2012 assign to

Spare #3 Period 4/15/2014-7/14/2014 assign to

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These individuals had missing badges for these time periods.

I need to have a response back to the NRC by February 18 2017.

Dave Matheny· Field Services Manager

ECS Mid-Atlantlo, LLC 804 Professional Place West Chesapeake, VA 23320

T: 757-366-5100 D: 757-605-3121 C: 757-449-2017 F: 757-436-9050 www.ecsllmlted.oom

ConOdsnlfaJ/proprlstary mflSSaQSIBtlBCllments. Do/Qta msssagalattachmonta if not intendod recipitlfll.

From: csrecords@landauer.com [mallto:cSrecords@landauer.coml Sent: Friday, January 27, 2017 11:59 AM To: DMatheny Subject:Account134741

Hi Dave,

Per our conversation, attached are the doses back to 2010 for Spare 1 and Spare 3. Please let me know if you have any questions. '"

Thank you,

Samantha

Dosimetry Records The Global Leader in Radiation Science and Services. 2 Science Road, Glenwood, llinois 60425-1586 +1.800.438.3241 Phone +708.754.2671 Fax

3

csrecords@landauerinc.com www .Iandauer.com NYSE: LDR

Go paperless with IAN DAUER by emailing us at gopaperless@landauer.com.

Retrieve electronic copies of dose reports via myLDR.com, IANDAUER's sec£1re and expedient way of accessing reports. Once enrolled you will receive automatic email not(fications every time a report is generated for your account. Go Paperless with LANDAUER provides innovative solutions to include: mass download mulriple reports at one time. review and sign reports using eSignature. Protect confidential employee and dosimetry information while protecting the environment.

myLDR.com® LANDAUER offers our clients free of charge with 24-hour access to myLDR.com®; an online account management tool for your dosimetry program.

• Immediate entry and processing of account changes into our system • Instantly review and print confirmation of completed changes • Up to date status on all ac_tive and temunated participants • Ability to update Shipping, Billing, and Reporting addresses • Easily retrieve and print invoices and reports to include E-signature functionality • Pay open invoices on line with a checking account or credit card

To obtain a login today, simply visit my LOR.com and choose request user login.

4