ML20010E570
| ML20010E570 | |
| Person / Time | |
|---|---|
| Issue date: | 08/28/1981 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20010E569 | List: |
| References | |
| EA-81-072, EA-81-72, NUDOCS 8109040277 | |
| Download: ML20010E570 (5) | |
Text
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UNITED STATES NUCLEAR REGULA10RY COMMISSION In the Matter of
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)
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John C. Haynes Co.
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Byproduct Material License 800 Hebron Road
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No. 34-13774-01 Heath, Ohio 43055
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EA 81-72 ORDER 10 MODIFY LICENSE I
John C. Haynes Company, 800 Hebron Road, Heath, Ohio 43055 (the " licensee") is the holder of Byproduct Material License 34-13774-01 (the " license") issued by the Nuclear Regulatory Commission (the " Commission").
The license authorizes the possession end use of 'yproduct material under certain ccnditions specified c
therein.
This license was originally issued on August 18, 1970.
The license was due to expire on August 31, 1980; however, a timely renewal has been received.
II The licensee is currently authorized to use americium-241 to irradiate crystal-line materials.
However, the licensee's program has been inactive for some time.
The licensee is currently in possession of approximately 25 curies of americium, some of it in the form of contamination of the facility (floors, glove boxes, drainage lines, etc).
8109040277 810828 NMS LIC30 34-13774-01 PDR
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, On February 6 and 7, 1980 and March 14, 1980, the licensee's activities auth-orized by License 34-13771-01 and located at 800 Hebron Road, Heath, Ohio, were inspected by representatives of the NRC Office of Inspection and Enforcement for health and safety purposes.
On August 14, 1980, the Commission sent Invoice 1677M to the licensee requesting payment within 30 days ef the s
inspection fee of $390 required by 10 CR 170 of the Commission's regulations.
A second notice of payment due, together with a Notice of Violation, was sent to the licensee on September 14, 1980.
A final notice of payment due was sent to the licensee on October 14, 1980.
To date the fee required by Part 170 has not been paid by the licensee.
On August 28, 1980, following notification by the licensee that he wanted to convert his license to storage only, NRC (Material Licensing Branch) requested that the licensee submit a radiation survey and decontamination report in accordance with applicable guidelines for removable and fixed contamination at his facility.
l No adequate radiation sur'.ey or decontamination report has been submitted by the licensee.
The property on which Mr. Haynes has conducted his licensed activities is subject to a mortgage held by the Central Trust Company of Newark, Ohio.
By letter dated July 14, 1981, the Commission was informed by counsel for the
, Central Trust Company that an action in fortclosure had been instituted naming all parties in interest including Mr. Haynes, and that a motion for the appointment of the receiver had been filed.
By letter dated August 18, 1981, the Commission was informed by counsel for the Central Trust Company that the Licking County Common Pleas Court appointed a receiver over the property on which Mr. Haynes had conducted his licensed activities.
That letter stated that the receiver intended to take physical possession of the property and har the licensee access to it.
On the basis of the foregoing, I have determined that I no longer have adequate assurance that the licensee is financially capable of conducting its activities in accordence with Commission requirements to protect the health and safety of the public.
Therefore, the public health, safety and interest require that the licensee's facility be decontaminated and decommissioned at this time.
III Pursuant to Sections 81, 161(b), 161(o), and 186 of the Atomic Energy Act of 1954, as amended and the Commission's regulations in 10 CFR Parts 2, 20, and 30, IT IS HEREBY ORDERED EFFECTIVE IMMF.DIATELf THAT:
A.
License No. 34-13774-01 is amended to authorize only storage of americium-241 oxide and decontamination of the licensed facilities.
. B.
Within 20 days of the date of this Order the licensee shall:
(1) Submit to the Commission for review a radiation survey of the facility.
(2) Submit to the C';mmission a statement of the quantity and location of all licensed material in the facility.
(3) Submit to the Commission for review and approval a plan based on the above survey for immediate decontamination of the licensed facility in accordance with the Decontamination Guide previously provided to the licensee by letter dated August 28, 1980.
This plan shall identify the individual (s) performing the work and his (their) qualifications for performing such work.
(4) Submit to the Commission for review and approval a plan for immediate packaging for shipment all licensed material at the site in accordance with applicable NRC and 00T regulations.
No decontamination or packaging activities shall be commenced until the Com-mission has approved the licensee's decontamination and packaging plan.
IV The licensee er any other person who has an interest affected by this Order may request a hearing within 25 days after issuance of this Order.
Any answer to
. this Order or any request for hearing shall be submitted to the Director, Office of Inspection and Enforcement, US Nuclear Regulatory Commission, Washington, D.C.
20555.
Copies shall also be sent to the Secretary of the Commission and the Executive Legal Director at the same address.
If a person other than the licensee requests a hearing that person shall describe speci-fically, in accordance with 10 CFR 2.714(a)(2), the nature of the person's interest and the manner in which that interest is affected by this Order.
A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF SECTION III 0F THIS ORDER.
V If a hearing is requested by the licensee or other person who has an interest affected by this Order, the Commission will issue an order designating the time and place of any hearing.
If a hearing is held, the issue to be considered at such hearing shall be whether ;he licensee should be required to take the actions proposed in Section III of this Order.
FOR THE NUCLEAR REGULATORY COMMISSION V
Vi IYt J
irector Office of Inspection and Enforcement Dated at Bethesda, Maryland this 28th day of August 1981