ML20023D289
| ML20023D289 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | ORION CHEMICAL CO. |
| Shared Package | |
| ML20023D283 | List: |
| References | |
| EA-82-111, NUDOCS 8305200331 | |
| Download: ML20023D289 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION In the Matter of Orian Chemical Company General Licensa 3853 North Sherwood Drive (10 CFR 40.22)
Provo, Utah 84604
)
ORDER TO SHOW CAUSE AND ORDER TEMPORARILY SUSPENDING LICENSE (EFFECTIVE IM EDIATELY) 1.
i Orian Chemical Company, 3853 North Sh,erwood Drive, Provo, Utah 84604 (the l
" licensee") is the holder of a general license granted by the Nuclear Regulatory Comission (the " Commission") pursuant to 10 CFR 40.22. The general license authorizes the use or transfer of not more than 15 pounds of source material at one time and the receipt of not more than 150 pounds of source material in any one calendar year.
II.
The results of an inspection of the licensea's premises at Orem, Utah, conducted on August 23,1982 by a representative of the NRC Region IV Office, indicated that the licensee had conducted licensed activities in violation of Commission requirements as enumerated below:
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8305200331 820903 NMS LIC30
. 1.
10 CFR 40.22(a) grants a general license authorizing commercial and industrial finns to use and transfer not more than 15 pounds of source.
material at one time Contrary to this authorization,. the licensea had more than 15 pounds of source material at one time during August 1982.
2.
10 CFR 40.62(b) requires each licensee to make. available to the Commission for inspection, upon reasonable notice, records of transfer of licensed material kept pursuant to the regulations in Title 10, Code of FederaT Regulations _
Contrary to. this requirement, on August 23, 1982, the licensee refused.
ta make available to an NRC' inspector thosa records of transfer of source material that 10 CFR 40.61(a) requires to be maintained 3.
la CFR 40.22 grants a general license authorizing commercial and industrial firms to use and transfer small quantities of scurca material. Disposal of source material is to be made by transfer pursuant to 10 CFR 40.51.
Contrary to those requirements,. the inspector observed contamination in areas outside of the licensee's business premises that apparently
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resulted from unauthorized disposal of compounds containing depleted uranium.
? 4.
10 CFR 40.61(a) requires, in part, that each person who receives source material shall keep. records showing the-receipt of such material.
Contrary to this requirement, such records of receipt were incomplete at the time of the inspection on August 23, 1982.
III.
The violations. enumerated in section II of this Order indicate a careless dis-regard by the licensee of Commission requirements.
Violations 3 and 4 were identified during a previous inspection on November 2,1979, and were the subject of a Notice of Violation dated July 22, 1980.
These earlier violations.
were also discussed between the licensee and Mr. Jerry Everett of NRC Region IV Office on December 11, 1979, at which time the licensee agreed to cease unauthorized disposal and to decontaminata areas outside of the licen'ee's s
laboratory within 30 days. In further discussion on July 17, 1980 between the licensee and Mr. W. E. Vetter of the NRC Region IV Office, the licensee reaffirmed its commitment to cease unauthorized disposal of source material and agreed to decontaminate an area adjacent to the licensee's facility and to ensure main-tenance-of required records.
Despite these commitments the violation recurred Moreover, the licensee's handling of more than 15 pounds of source material at any one time and the licensee's refusallo honor an NRC inspector's reasonable request for inspection of records required to be kept by the NRC also reflect
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the licensee's careless disregard for compliance with NRC requirements.
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Accordingly, the Director of the Office of Inspection and. Enforcement has determined pursuant to 10 CFR 2.202(f) that, in view of the-willful nature of the licensee's violations, the Ticensee's authorizatiorr to receive and use source material under the general license should be suspended, effective inunediately, pending further order.
IV.
- In view of the foregoing, pursuant to section 62, 63,161b, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR Parts 2'and 40, IT IS HEREBY ORDERED THAT:
A.
Effective immediately,. the licensee shall not receive or use source material, except as pennitted in-Condition B below; 1
B.
Effe~ ctiva immediately, the licensee shall place all source material in its possession in locked storage or transfer such material to a person authorized to receive the material; C.
Effective inunediately, the licensee shall make available within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of receipt of this order all records required to be kept in accordance with the general license for inspection by NRC inspectors; and
5-D.
The licensee shall show cause, in the manner hereinafter provided, why its authorization under the general license in 10 CFR Part 40 to receive and use sourca material should not remain permanently suspended.
V.
The Licensee _may, within twenty-five days of the date of this Order, show cause I
by filing a written answer to this Order under oath or affimation. The licensee may also request a hearing within the said twenty-five day period. Any answer to this order or request for a hearing shall be addressed to the Director, Office of Inspection and Enforcement, USNRC, Washington, D.C. 20555. A copy of the answer or request for hearing sh'all also be sent to the Executive Legal Director, USNRC, Washington, D.C. 20555-. Any answer to this Order shall speci-fically admit or deny each alleged violation described in Section II above, and may set forth the matters of fact and law upon which the licensee relies. If a hearing is requested,. the Connission will issue an order designating the time and place of hearing. AN ANSWER OR REQUEST FOR HEARING SHALL NOT STAY THE TEMPORARY EFFECTIVENESS OF THIS ORDER.
In the event a hearing is held, the issues to be considered at such a hearing l
shall be:
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Whether the licensee was in violation of the Commission's regulations and the: conditions of its general license as a
specified in section II, and B.
Whether the Order should be sustained.
FOR THE NUCLEAR REGULATORY COMISSION Richard C.
Y ung, i
ctor Office of I s ction nd Enforcement Dated at Bethesda, Maryland this 3 day of September 1932 f
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