i lovember 30, 2010

USNRC, Region I11 Office 2443 Warrenville Road, Suite 210 Lisle, I L 60532-4352

RE: Response to the Apparent Violation I n Inspection Report No. 030-35293/2010-0Ol(DNMS); EA 10-229

Gentlemen :

This letter is in response to the Apparent Violation as reported in Inspection Report No. 030-35293/2010-0Ol(DNMS); EA 10-229 dated November 17, 2010.

The site inspection was performed by your representative on October 21, 2010. Our company has Humboldt Scientific, Inc. Model 5001 portable nuclear gauges. Our company has only one office and our gauges are kept on-site in our secure storage facility when not checked out for use on area job sites. Our gauges are all of a similar type, but due to slight differences in the types and ages of the gauges, they have three different styled transit cases. Most of the cases have two hasps for padlocks to secure the lids. Some of the cases have either one hasp for a padlock or one internal lock to secure the lids.

It came to our attention, as a result of the site inspection, that some of our personnel were not securing some of our gauges (those with cases having only one hasp for a padlock or one internal lock) when transporting and storing the gages in the open beds of our pick-up trucks. Those personnel erroneously believed the gages were properly secured in the pick-up trucks with both handles of the case securely chained to the truck with two chains and locks, the lid of the case secured with the one provided lock, and the source rod secured with the padlock within the actual gauge.

We have since implemented a new system for properly securing those gauges with cases containing only one lock. Through the use of a proper length taut chain or cable with a padlock extended through the case handles, the lid of the case would then be secured by two independent tangible barriers during transport and temporary storage in our pick-up trucks. Each of our authorized users has been trained in the procedure.

W E D DEC 8 6: 798 HOFF RD OFALLON MO 63366-1 920 PHONE: 636-978-71 12 FAX: 636-978-71 13 www.jacobiengineer.com

IISNRC, Region I11 Office November 30, 2010

The following has been added t o our training materials so future authorized users will be properly trained:

PROCEDURE

Securing nuclear gauges in open pick-up truck beds

1 The source rod must be locked in the safe position with the supplied padlock.

2 Lock gauge in transit case with built-in lock or padlock(s) on hasp(s). I f transit case has only one integrated lock or hasp, a chain must be strung between the carrying handles, stretched taut, and locked with a padlock such that the chain prevents the transit case lid from being opened.

3 Lock transit case to truck bed at two (2) places using chains or cables and padlocks.

Full compliance with the measure was achieved as of October 22, 2010.

I f you have any questions concerning this letter or need additional information, please call.

Respectively submitted,

Jacobi Geotechnical Engineering, Inc.

(R$O, Principal