ML20011E032

Notice of Violation from Insp on 900118.Violation Noted: Licensed Activities Conducted During Periods of 890114-0212 & 0803-16 in Lansing,Mi W/O Required Forms Having Been Formed

ML20011E032
Person / Time
Issue date:	01/24/1990
From:	Sreniawski D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20011E030	List: ML20011E029 ML20011E032
References
NUDOCS 9002070051
Download: ML20011E032 (4)

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NOTICE OF VIOLATION Dames & Moore License No. IL-01375-01 Park Ridge, Illinois

'l As a result of the inspection conducted on January 18, 1990, and in accordance-with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, (1989) (Enforcement Policy) the following

-l violation was identified:

10 CFR 150.20(b)(1) require: that, when engaging in activities in non-agreement states under the general license granted by 10 CFR 153.20(a), four copies of R

Form NRC-241 and four copies of the Agreement State specific license be filed with the Director of the appropriate Nuclear Regulatory Com.nission office at least three days prior to engaging in such activity.

- Contrary to the above, you conducted licensed activities during the period of January 14, 1989 to February 12, 1989 in Mentor, Ohio and during the period of Acgust 3, 1989 to August 16, 1989 in Lansing, Michigan without the required forms having beer formed.

This is a Severi.ty Level IV violation (Supplement VI).

Pursuant to the provisions of 10 CFR 2.201, you are required to submit to this office within thirty days of the date of this Notice a written statement or explanation in reply, including for each violation: -(1) the corrective, steps that-have been taken and the results achieved; (2) the corrective steps that will be taken to avoid further violations;.and (3) the date when full compliance will be achieved.

Consideration may be given to extending.your response-time for good cause shown.

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0. J. Sr wski, Chief Nuclear ials Safety Section 1 L

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9002070051 900126

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REPORT OF PROPOSED ~ ACTIVITIES IN NON. AGREEMENT STATES -

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PLEASE READ THE INFORMATION ANO INSTRUCTIONS CONTAINED ON THIS COVER SHEET

'i BEFORE COMPLETING THE ATTACHED FORM.

INSTRUCTIONS l{

r Sut>mit this Form and the Agreement State epocific lecense in if the hcensee, after fiiang this report, proposee to conduct activities in Quadruplicate et least 3 deve prior to engaging in each activity per.

non Agreement States not speelfied in this report, an amended NRC Form -

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,tnitted under the General Leconee established by Soc.150.20 of 10 CFR 241 should be fd44 with the Commission's Regional Adminletrator,

. A 13 Send to:

' The U.Si Nuclear Regulatory Commiselon Regional Administrator listed

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' n Appendia D 08 Part 20 of thle chapter for the region in uhrch i

.the Agreement State that trieved the specific license is ben'.ad tes Dave IN ANY C ALENDAR YEAR.

- Section 150.20 of 10 CFR 150 establishes a genere scense authorizing any person who hold [e specific license from an Agreement -

State" (a State with which the U.S. Nuclear Reguletory Commission has entered into en effective agreement under subsection 274b of -

the Atomic Energy Act of 1954) where the licensee maintains en office for directing the licensed activity and at which radiation safety

. records are normally maintained, to conduct the same activity in "Non Agreement States" if the specific license issued by the Agree-o ment State does not liumt the authori:ed activity to specibedinstallations or locations.

I

' S 160.20 Recognition of Agreement State licenses.

(a) dubject to the provisions of paragraph (b) of this section, any which the Agreement State that issued the epocif'c license to located. The person who holds a specific license from an Agreement State where the Nuclear Regulatory Commission Regional Adrr4nistrator may authorize licerttee maintains an office for directing the Itcensed activity and at et ch person to comrr9nce the activity upon notJfication by telephone of in.

tdelch - radiation safety records are normally maintained, is ivrerby tent to conduct the proposed activity under the generalliconae: Provided,'

granted a general f acense to conduct the same activity in non Agieement how ever, That four copsee of NRC Form 241 (revised) and four copies of the 4

. St; test Provided, That the specific license does not limit the activity Ag,eement State Iscense shall be filed within 3 days after the telephone

. authorized by the license to specifed installations or locations, notification. The Nuclear Regulatory Commsesion Regional Administrator may waive the reqvirement for fihng additional NRC For:n 241 (revised)

- V.

(b) Notwithstanding any orovision to the contrary in any specific du<ing the remainder of the calendar year following the receipt of the initial :

license issued by an Agreement State to e person who engages in activi-NRC Form 241 (revised) from a person engaging in activities under the ties in a non Agreement State under a general license provided in this general license provided in this section; section, the general license provided in this section is subject to the

provisions of E l 30.14(d),30.34,30.41, and 30.51 to 30.63 inclusive (2) Shall not, in any non-Agreement State, transfer or despose of tf Port 30 of this chapter; 5 5 40.41,40.51,40.61 to 40.63 incleive, radioactive material possessed or used under the generallicense prDvided 40.71, and 40.81 of Part 40 of this chapter; and 55 70.32, 70.42, in this section except by transf er to a person (i) specifically licensed by

~ 70.61 to 70.66 inclusive, 70.61, 70.62, and 70,71 of Part 70 of this the Commission to receive such material,or (ii) exempt from the require- '

yhepter; and to the p' visions of Parts 19,20,and 71 and Subpart B of ments for a license for such material un& 5 30.14 of this chapter;

- Port 34 of this chapter,in addition any person who engages in activities Lt non Agreement States under a general license provided in this section; (3)'Shall not possess or use radioective material, c engage in the activities authorized in paragraph (a) of this section for nare than 180

.(1) Shell, at least 3 days prior to engaging in each such activity, file days in any calenuar year;.

four coploe of NRC Form 241 (reW ed), " Report of Proposed Activities in i'

,'f Nin. Agreement Statee," and four oopies of his Agreement State specific (4) Shallcomply with all terms and conditsonsbf the specific license

- license wit's the -U.S. Nuclear Regulatory Commlaelon Regional Ad.

issued by an Agreement State except such terms or conditions as ;,re

. minletrator f.eted in Appendix D of Part 20 of this chapter for the region in contrary to the requirements of this section.

k PRIVACY ACT STATEMENT Pursuant to 5 U.S.C. 652s(e)(3), enacted into law by section 3 of the Privac'y Act of 1974 (Public Law 93 579), the following state-ment is fumished to individuals who supply information to the Nuclear Regulatory Commission on NRC Form 241. This information.

t is maintained in systems of records designated as NRC 3 and described at 40 Federal Register 45334 (October 1,1975).

1. AUTHORITY - Sections 81, t61(b), and 274 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2f 11,2201(b), and 2021).

- 2. PRINCIPAL PURPOSE (S) - The Information on NRC Form 241 informs the Nuclear Regulatory Commission of the generallicen-

. see's intent to conduct activities in non. Agreement States pursuant to 10 CFR 150.20 and the locations and scheduled dates for such -

activities.This information is used in the scheduling of comphance inspections where deemed necessary.

3. ROUTINE USES - The ireformation may be used: (a) to provide records to State health departments for their information and use, and (b) to provide information to Federal, State, and local health officials, and other pe sons in the event of incident or exposare, for purposes of their information, investigation, and protection of public health and safety. The information may also be disclosed '

to an appropriate Federal, State, or local agency in the event the information indicates a violation or potential violation of law and in the course of en admimstrative or ledicial proceeding, in addition, this information may be transferred to an appropriate Federal,

, State, and losal agency to the extent relevant and necessary for an NRC decision or to en appropriate Federal agency to the extent relevant and necessary for that agency's decision about you.

4. WHETHER DISCLOSURE IS MANDATORY OR VOLUNTARY AND EFFECT ON INDIVIDUAL OF NOT PPOVIDING INFORM ATION - Disclosure of the requested information is voluntary. If the requested information is not furnished, however, the individual :s not authnrized to conduct ac'tivities in non. Agreement States pursuant to the generallicense in 10 CF R 150.20.

5. SYSTEM MAN AGER(S) AND ADDRESS: Director, DMaion of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards i

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 L

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1, KAME OF LICENSEE (enerson or hem proposing to conduct the L ADDRESS OF LICENSEE (Malling address or other location where

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A DESCRIPTION OF ACTIVITIES TO BE CONDUCTED IN NON. AGREEMENT ST ATES UNDER THE GENER AL LICENSE GIVEN IN

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> 5. LOCATIONS AT WHICH THESE ACTIVITIES WILL BE CONDUCTED AND DATES UHEDUL'ED.

STREET AND NUMBER OR OTHER LOCATION DATES SCHEDULED >

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6. LIST SE AL ED SOURCES, OR DEVICES CONTAINING SE ALED SOURCES.WHICH WILL DE POSSESSE D, USED,8NST ALLED. SERVICED

. OR TEST ED 1N NON.AGREEMCNT STAT ES. (Include descroprion of type and quantsty of radoon~tive matorist containedin each sealed source or device.).

7 NUMBER OF SPECIFIC LICENSE AND NAME Of STATE ISSulNG SUCH SPECtFIC LICENSE WHICH AUTHORIZES THE UNDERSIGNED' TO CONDUCT ACTlvlTIESWHICH ARE THE SANIE, EXCEPT FOR LOCATION OF USE, AS THOSE SPECIFIED IN ITEM 4 ABOVE. (Four M-

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copies of the specitoc heense must accompany thos report.)

- CERTIFICATE DATE 8.1, THi UNDERSIGNED, HEREBY CERTIFY THAT:

s. All infocmation in this report is true and complete.

b i have read and understand the provisions of the genert' license 10CFR 150.20 reprinted on the cover sheet of this f cm set; and I

, understand that I am required to comply with these p.ovisions as to CERTIFYING OFFICI AL b

all byproduct, source, or special nuclear material which I possess and use in non. Agreement States under the general license for SIGN A T U f4 E which this =topost is ided with the U.SJ Nucles< Regulatory Com.

mission.

c. I understand that activitiesi including storage, conducted m non.

J Agreements undei general license 10 CFR 150.20 are I,mited to a l total of 180 days in any calendar year.

5 it WARNING: :18 U.S.C., Section 1001: Act of June 25,1948;62 Stat. 749, makes it a crimmal of f ense to make a willfully f alse statement or repre.

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" sentation to any department or agency of the United States as to any matter within its jurisd.ction.

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