ML19270J565

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Notifies of Expired License 34-10763-01 & Discusses Actions to Be Taken by Licensee
ML19270J565
Person / Time
Issue date: 01/08/1980
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Kleinweber R
LAKEWOOD, OH
References
NUDOCS 8001210137
Download: ML19270J565 (2)


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1980 City of Lakewsod Ohio License No. 34-10763-01 ATTN:

Mr. Robert Kleinweber Expiration Date: 4/30/79 Director, Department of Public Works 12650 Detroit Avenue Lakewood, OH 44107 Gentlemen:

SUBJECT:

Notice of Violation This refers to the telephone discussion between Mr. S. R. Lasuk of this office and Mr. Larry Marshall of your organization on December 18, 1979. The subject of the discussion was the fact that NRC records show that the Byproduct Material 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 that 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 per-son 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 a written reply to this notice explaining the steps you have taken to correct this situation.

The corrective actions you take must include the following:

1.

Divest yourself of the material immediately, in a lawful manner.

2.

Complete one copy of the enclosed Form NRC-314, " Certificate of Disposition of Materials." When completing this form please des-cribe what material was involved, how it was disposed of or to whom it was shipped, and when this was done. You may wish to retain the other copy of the Form NRC-314 for your files.

2244 305 0001 210137

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JN" 1980 City of Lakewood Ohi 3.

Return one complete copy of the Form NRC-314 to this office, within twenty (20) days of the receipt of this letter, so that we can close out our files on License No. 34-10763-01 which expired on April 30, 1979.

4.

If the activities conducted under the expired license were subject to the reporting requirements of 10 CFR Part 20, Section 20.407, you must submit the annual report required by 20.407 for the current calendar year and a termination report required by Section 20.408 for individuals engaged in activities under the expired license.

Those reports must be submitted to the Director of Management and Program Analysis, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555.

We request that you give prompt attention to these matters. Should you have any questions regarding them, we would be pleased to discuss them with you.

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.

Sincerely, b

A. B. Davis, Chief Fuel Facility and Mateials Safety Branch

Enclosure:

Form-314 (dup.)

cc w/o encl:

2244 306 Central Files Reproduction Unit NRC 20b PDR NSIC Chief, Licensing Management Branch, NMSS

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