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RIV-0197

January 3, 1997

The Nuclear Regulatory Commission staff has proposed an $1,100 fine against Robco Production Logging Inc. of Snyder, Texas, for failing to notify the NRC of its intention to use radioactive materials in a state in which in was not licensed to operate.

An NRC inspection determined that Robco used radioactive materials on three occasions, in August and September 1995, and in June 1996, at jobsites in Oklahoma.

Robco is licensed by the state of Texas to possess and use certain radioactive materials there. Texas is one of 29 so-called agreement states under a program that has state governments carry out regulatory responsibilities that otherwise would be handled by the federal NRC.

Oklahoma is not an agreement state, and Robco is not licensed to use radioactive materials there. The company is required to file notifications with the NRC of its intention to use radioactive materials in non-agreement states such as Oklahoma.

L. Joe Callan, Regional Administrator of the NRC Region IV office in Arlington, Texas, said the violation was significant because it denied the NRC an opportunity to ensure that activities were conducted by appropriately trained personnel and in accordance with safety requirements.

The work in Oklahoma involved using the radioactive material iodine-131 as a tracer in wells dug for the production of oil.

In 1996, Robco filed no paperwork to inform the NRC of its intention to conduct work in Oklahoma during the year. In May 1995, Robco properly filed paperwork that informed the NRC of its intention to conduct work in Oklahoma on certain dates in 1995. However, it failed to later revise the filing to include dates in August and September 1995, when it performed additional work in Oklahoma.

Robco has 30 days to respond to the NRC's notice of violation, during which time it may pay the penalty or file a protest. If the protest is denied, the company may request a hearing.