ML19260E045

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Responds to 791120 Telcon Re Expired License 45-16228-01. Possession of Radioactive Matl W/O Valid License Is in Violation of Federal Regulations.Forwards NRC Form 313.W/o Encl
ML19260E045
Person / Time
Issue date: 11/23/1979
From: Sutherland J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
NORFOLK STATE UNIV., NORFOLK, VA
Shared Package
ML19260E039 List:
References
NUDOCS 8002130185
Download: ML19260E045 (2)


Text

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NUCLEAR REGULATORY COMMISSION n

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101 MARIETTA ST., N.W., SUITE 3100

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  • j' ATLANTA, GEORGIA 30303 Nov 2 s 1sn Norfolk State College 2401 Corprew Avenue License No.:

45-16228-01 Norfolk, Virginia 23504 Expiration Date: Sept. 30, 1979 Gentlemen:

Subj ect: Notice of Violation This refers to the telephone discussion between R. L. Woodruff of this office and Dr. T. L. Moore of your orFanization on November 20, 1979. The subject of the discussion was the fact that NRC records show that the Byproducts Fbterials License identified above has expired and no renewal application has been filed in accordance with Section 30.37 of Title 10, Code of Federal Regulations, Part 30.

From our discussion with your representative we learned that you still possess material which requires a specific NRC license. Your possession of tnat material without a valid, specific license is a violation of Section 30.3, 10 CFR Part 30.

Section 30.3 states:

530.3 Activities requiring license.

Except for persons exempt as provided in this part and Part 150 of this chapter, no person shall manufacture, produce, transfer, receive, acquire, own, possess, use, import or export byproduct material except as authorized in a specific or general license issued pursuant to the regulations in this chapter.

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, if you want to continue your program you must immediately submit the enclosed NRC Form 313,

" Application for Byproduct Materials License" to the License Management Branch, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D. C.

20555. A copy of the letter o /W soom

NOV 2 31979 Norfolk State College.

forwarding the application to the licensing branch (but not the application) should be sent to this office, Region II, U.S. Nuclear Regulatory Commission, 101 Marietta Street, Suite 3100, Atlanta, Georgia 30303, Attention:

J. T. Sutherland.

Also, you must immediately place the radioactive material on hand in secure storage until such time as you acquire a valid license.

No other use of the material on hand or purchase of additional byproduct material is authorized. Include a statement in your reply to this Notice of Violation confirming that you have taken this action and describing the controls that will be exercised over the stored material until such time that you obtain a valid license.

Since your present license has expired, your application for renewal will be processed as a request for a new license. Accordingly, you must deter ~

mine 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 the application.

We request that you give prompt attention to these matters.

Should you have any questions concerning them, we will be pleased to discuss them with you.

Sincerely, 4/h 'v f

/

Jack T. Sutherland, Chief Fuel Facility and Materials Safety Branch

Enclosures:

1.

NRC Form 313 2.

10 CFR Part 170 cc: Norfolk State College Attn:

Dr. T. L. Moore Dept. of Chemistry 2401 Corprew Avenue Norfolk, Virginia 23504