ML19297C075
| ML19297C075 | |
| Person / Time | |
|---|---|
| Issue date: | 11/06/1980 |
| From: | Brown G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Jensen B UTAH STATE UNIV., LOGAN, UT |
| References | |
| NUDOCS 8012240104 | |
| Download: ML19297C075 (2) | |
Text
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UNITED STATES
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,,"i NUCLEAR REGULATORY COMMISSION fP 1
REGION IV 7
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611 RY AN PLAZA DRIVE, SUITE 1000 1
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O d Ri I3EC License No. 43-02935-10 Expiration Date:
April 30,1980 7,
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Utah State University D'-
Attn:
Bartell C. Jensen, Ph.D 0
Di Vice President for Research Logan, Utah 84322 U
y 5
Gentlemen:
Subject:
Notice of Violation This refers to the inspection conducted by Mr. C. L. Cain of this office on October 28, 1980, of the activities authorized by NRC Byproduct Material License No. 43-02935-10, and to the discussion of our findings held by Mr.
Cain with "essrs. B. C. Jensen and S. G. Oberg on October 28, 1980.
The inspection disclosed that the Byproduct Materials 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 oossess material which requires a specific NRC license.
Your possession of that material without a valid, specific license is in noncompliance with Section 30.3,10 CFR Part 30.
Section 30.3 states:
530.3 Activities reauiring license.
Except for persons exempt as pro-vided in this part and Part 150 of this chapter, no cerson shall manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued pursuant to the regulations in this chapter.
This notice is sent to you pursuant to the provisions of Section 2.201 of the NRC " 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 actions which have been taken by you and the results achieved; (2) corrective actions which will be taken to avoid further items of noncompliance; and (3) the date when full compliance will be achieved.
In accordance with Section 2.790 of the NRC " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosed inspection report will be placed in the NRC's Public Document Room.
If this 8012240D7
Utah State University report contains any information that you believe to be proprietary, it is necessary that you make a written application within twenty (20) days to this office to withhold such information from public disclosure.
Any sucn application must include a full statement of the reasons it is claimed that the information is proprietary.
It should be prepared so that proprietary information identified is contained in a separate part of the document, since the application, excluding this separate part, will be placed in the Public Document Room.
If we do not hear from you in this regard within the specified period, the report 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 Comission, Washington, D. C., 20555.
A copy of the letter forwarding the application to the licensing branch (but not the application) should be sent to this office, Region IV, U. S. Nuclear Regulatory Comission, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011, Attention:
Glen D. Brown, Chief, Fuel Facility and Material Safety Branch.
Also you must imediately 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 wi th you.
Sincerely,
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Glsn'D. ' Brown, Chief Fuel Facility and Material Safety Branch
Enclosures:
1.
NRC Form 313 2.
10 CFR Part 170 cc:
Regular Distribution plus Chief, Licensing Management Branch, NMSS