ML19210D989

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Discusses Notice of Violation Re License SNM-1430.Since License Has Expired,Possession of Byproduct Matl Is Violation of 10CFR70.Requests Submittal of New License Application
ML19210D989
Person / Time
Site: 07001445
Issue date: 11/15/1979
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Parham E
BORGESS HOSP., KALAMAZOO, MI (FORMERLY BORGESS MEDICA
References
NUDOCS 7911290137
Download: ML19210D989 (2)


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GLEN ELLYN. ILLINOIS 6o137 5

Borgess Hospital License No. SNM-1430 ATTN:

Mr. Edward Parham Expiration Date:

11/30/78 Vice President Professional Services 1521 Gull Road Kalamazoo, MI 49001 Gentlemen:

Subject:

Notice of Violation This refers to the telephone discussion between Mr. S. R. Lasak of this office and you on November 1, 1979. The subject of the discussion was the fact that NRC records show the Special Nuclear Material License iden-tified above has expired and no renewal applicatien has been filed in accordance with Section 70.33 of Title 10, Code of Federal Regulations, Part 70.

From our discussion with you we learned that you still possess material which requires a specific NRC license. That is, you are conducting patient follow-up for at least one individual with a nuclear powered pacemaker. Your possession of that material without a valid, specific license is a violation of Section 70.3, 10 CFR Part 70.

Section 70.3 states:

$70.3 License requirements.

No person subject to the regulations in this part shall receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material except as author-ized in a license issued by the Commission pursuant to these regulations.

This Notice of Violation is sent to you under the provisions of Section 2.201 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations.

Section 2.201 requires you to submit to this office, within twenty (20) days of your receipt of this notice, a written statement or explanation in reply including:

(1) corrective steps which have been taken by you, and (2) corrective steps which will be taken to avoid this happening in the future.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and your reply will be placed in the Public Document Room.

In addition to your reply to this Notice of Violation, you must imme-diately submit a written request for a Special Nuclear Material License to the License Management Branch, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555.

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Borgess Hospital A copy of the written request should be sent to this office, Region III, U.S. Nuclear Regulatory Commission, 799 Roosevelt Road, Glen Ellyn, IL 60137, Attention:

A. B. Davis.

Since your present license has expired, your request will be processed as an application for a new license.

Accordingly, you must determine if your program is subject to a license fee as required by Section 170.31 of 10 CFR Part 170 and, if one is required, submit the appropriate fee along with your written request.

You may contact the License Management Branch on 301/427-4232 for assist-ance in preparing your request for a new license.

Please give pecmpt attention to these matters.

Should you have any questions concerning them, we will gladly discuss them with you.

Sincerely, 7,

(w ~-s A. B. Davis, Chief Fuel Facility and Materials Safety Branch

Enclosures:

1.

10 CFR Part 70 2.

10 CFR Part 170 cc w/) enclosures:

Central Files Reprocuction Unit NRC 20b PDR NSIC Chief, Licensing Management Branch, NMSS 1434 250

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