ML20006B667
| ML20006B667 | |
| Person / Time | |
|---|---|
| Issue date: | 01/22/1990 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20006B663 | List: |
| References | |
| REF-QA-99990001-900122 99990001-89-14, EA-89-247, NUDOCS 9002050216 | |
| Download: ML20006B667 (2) | |
Text
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J General Foods Corporation General License 1
Maxwell House Division (10 CFR 31.5)
Hoboken, New Jersey EA 89-247 An inspection was begun _on October 12, 1989,- and completed on December.4, 1989, to review the circumstances' associated with the loss of radioactive material (nuclear density gauge) from the General Foods Corporation facility in Hoboken, New Jersey. The loss was reported to the NRC by the licensee.
Violations-1 associated with the loss of the radioactive material 1were identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1989),lthe particular violations are set forth below.
A.
TO CFR 31.5(c)(3) provides that persons who acquire, receive, possess, use or transfer byproduct material in measuring or gauging devices pursuant to a general license shall assure that removal of such devices from installation is performed in accordance with:the. instructions 1
provided by the label or by a person holding a specific: license pursuant to 10 CFR Parts 30 and 32 or from-an Agreement State to. perform such activities.
Contrary to the above, at some time between July'25 and August 2, 1989,
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a contractor, who did not. possess a_ specific-license pursuant to 10 CFR i
Parts 30 and 32 or from an Agreement State, removed from' installation i~
at the licensee's. facility a generally-licensed device containing approximately 50 m1111 curies of cesium-137; and removal of the device L
by persons not specifically licensed by the NRC or an ' Agreement State l_
was contrary to the instructions.provided by theLlabel, i
L B.
10 CFR 31.5(c)(8) requires that any person who acquires,. receives,-
possesses, uses, or transfers byproduct material,in a' device-pursuant to a general license shall transfer or dispose of the device containing l-byproduct material only by transfer to persons' holding a specific license l
pursuant to Parts 30 and 32 of Title 10,Ecode ofiFederal Regulations or
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from an Agreement State to receive the device, l
i Contrary to the above, at some time between August 2 and October 4, 1989,.
the licensee transferred or disposed of a generally-licensed Ohmart 1
Corporation Model'Sr-1A density gauge, containing approximately 50~
mil 11 curies ofLcesium-137, and this transfer or_ disposal was not made to a person holding a specific license pursuant to Parts 30 and 32 of Title l~
10,_ Code-of Federal Regulations.cor.from an Agreement State to receive r
the device. Specifically, the licensee surmises-that the gauge was
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inadvertently sent to one of three scrap yards or a landfill'.
l' This is a Severity Level III-problem.(SupplementIV).
s 0FFICIAL RECORD COPY GEN ENFORCEMENT - 0005.0.0 l
01/19/90-l 9002050216 900122
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PursuantLto the provisions of 10 CFR 2.201, General Foods Corporation is-hereby required to submit a written statement or explanation to the Director,-
Office of-Enforcement, U.S. Nuclear Regulatory Commission, with a copy to the Regional Administrator,. Region I, within 60 days of the date of this Notice.
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (1) admission or denial of the I.
alleged violation, (2) the reasons for the violation if admitted, (3).the'-
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corrective-steps'that have been taken and the results achieved, (4) the L
corrective steps-that will be taken to avoid further~ violations, and (5) the I
date when full compliance will be achieved.
If an adequate reply is not.
received within'the' time specified in this-Notice,. an order may be issued to show cause why the license should not be modified, suspended,:or revoked or why such other action as may be proper should not be taken.
Conside' ration may be given to extending;the response time for. good cause shown.
FOR THE NUCLEAR' REGULATORY COMMISSION Original Signed By:
Thomas T. Martin
. William T.. Russell
' Regional Administrator Dated at King of Prussia, Pennsylvania I
thisfyldayofJanuary1990 4
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s 0FFICIAL RECORD C0pY GEN ENFORCEMENT - 0006.0.0 01/19/90
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