ML19297A668

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Notice of Violation from Insp on 800829.Noncompliance Noted: Individuals Other than Those Specified on License Supervised Use of Matl & Troxler Gauge Model 3411 Was Not Tested from Aug 1978 to Aug 1980
ML19297A668
Person / Time
Issue date: 09/15/1980
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML19297A667 List:
References
NUDOCS 8010310265
Download: ML19297A668 (2)


Text

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License No. 25-18172-01 NOTICE OF VIOLATION Based on the results of the NRC inspection conducted on August 29, 1980, certain activities appear to be in noncompliance with NRC regulations and the conditions of your NRC License No. 25-18172-01 as indicated below:

1.

License Condition 10 requires that licensed material be used only at 3201 Russell Street, Missoula, Montana.

Contrary to this requirement, licensed material was in use at the time of inspection at 620 High Park Way, Missoula, Montana.

This is an infracticn.

2.

License Condition 12 requires that licensed material be used by, or under the supervision of, specified individuals.

Contrary to this requirement, individuals other than those specified were supervising use of material at the time of the inspection.

This is an infraction.

3.

License Condition 13.A(1) requires that sealed sources shall be tested for leakage and/or contamination at intervals not to exceed six months.

Contrary to this requirement, a Troxler gauge Model 3411, Serial Number 5487, containing an 8 millicurie cesium-137 sealed source anc, a 40 millicurie americium-241 sealed source, was not tested during the period August 24, 1978, to August 29, 1980.

This is an infraction.

4.

10 CFR 20.207(a) requires that licensed materials stored in an unrestricted area shall be secured from unauthorized removal from the place of storage.

Contrary to this requirement, a Troxler gauge containing licensed material was stored in an unlocked storage room at the time of the inspection.

This is an infraction.

80108108 N

Notice of Violation 2

5.

10 CFR 19.11(a)(b) requires that each licensee shall post current copies of specified regulations and the license or a notice specifying where such documents may be examined.

Contrary to this requirement, neither the documents nor a notice were posted at the time of the inspection.

This is a deficiency.

6.

10 CFR 20.203(e)(1) requires that each area or room in which licensed material is used or stored and which contains any radioactive material in an amount exceeding 10 times the quantity of such material specified in Appendix C of Part 20 shall be conspicuously posted with a sign or signs bearing the radiation caution symbol and the words:

CAUTION RADI0 ACTIVE MATERIAL (S)

Contrary to this requirement, a room in which such quantities of licensed materials were stored was not posted at the time of this inspection.

This is a deficiency.

7.

10 CFR 20.401(a) requires that records shall be maintained showing the radi,ation exposures of all individuals for whom personnel monitoring is required under 10 CFR 20.202.

Contrary to this requirement, such records were not maintained for individuals using licensed material prior to April 1980.

This is a deficiency.

8.

10 CFR 20.407 requires that a personnel monitoring report be submitted to the NRC within the first calendar quarter of 1980 for the total number of individuals for whom personnel monitoring was required or provided during calendar year 1979.

Contrary to this requirement, such a report was not submitted by the licensee.

This is a deficiency.

UNITED STATES

/ f ATOMIC ENERGY COMMISSION

'1f wassmoros, o.c. zous Y Vf Q h(C December 31, 1974 l'

To:

All AEC Licensees CRIu tIA FOR DETERMINI!;G ENFCRCEMENT ACTION AND CATEGORIES OF NONCOMPLIN!CE WITH AEC REGULATORY ?lQUIRDiENTS - MODIFICATIONS I

On Nov-=ber 1, 1972, the Commission issued criteria for enforcement j

actions to be taken for noncompliance with its rules and with license conditions in accordance with Sections 161, 186, and 234 of the Atomic d

Energy Act and Subpart 3 of Part 2, 10 CFR. On June 5, 1973, the Commission notified licensees that categories of violation with AEC regulatory requirements had been' established because the Co= mission and the nuclear industry recognized that the significance of violations varies in the potential for affecting the health and safety of the public, the com=on defense and security, and the environment.

Based on a review of the experience with the criteria for determining enforcement action and the categories of noncompliance, modifications of the use of these criteria and these categories are being =ade.

Comments explaining the modifications are enclosed as Attachments A and B.

The changes in the' criteria and categories are primarily administrative

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in nature and should result in a higher level of understanding of the enforce =ent program - and the results of the program - on the part of the public and the industry. The basic purpose of the enforcecent program - enhance =ent of-the health and safety of the public, the coc=on defense and security, and the environment - remains the same.

The long standing practice of requiring corrective action for each identified item of noncompliance (Violations) is not changed.

The enforcement program continues to emphasize corrective action where necessary to assure that regulated activities meet applicable requirements and are conducted with due regard for public health and safety, coc=on defense and security and protection of the environ =ent.

The =odifications clarify the enforcement criteria and categories of noncompliance in the areas of safeguards and environcental matters and provide core explicit def.initions to aid in a better understanding of the enforce =ent program.

These definitions make clear the applicability of the program in catters of quality assurance, canagecent control, and e

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t-he Commission relies to a degree hat timely corrective action is DUPLICATE DOCUMENT Entire document previously entered into system under:

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