ML20028H621

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Forwards Safety Insp Rept 99990001/90-12 on 901022 & Notice of Violation
ML20028H621
Person / Time
Issue date: 01/03/1991
From: Jason White
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Marinakis G
CAPE MAY COUNTY, NJ
Shared Package
ML20028H622 List:
References
REF-QA-99990001-910103 NUDOCS 9101110159
Download: ML20028H621 (2)


Text

_ _. _

JAN 03199' Docket No. 99990001 General Licensee Cape May County Municipal Utilities Authority ATTN: George Marinakis Executive Director P.O. Box 610 Cape May Court House, New Jersey 08210 Gentlemen:

Subject:

Special Inspection No. 99990001/90-012 On October 22,-1990,- Marlene Taylor of this.of fice conducted a special safety inspection at the above address of activities authorized by the above listed NRC license.

The inspection was limited to a review of the circumstances surrounding the unauthorized release of gauges containing byproduct material.

The findings of the inspection were discussed with Mr. William Cathcart at the conclusion of the inspection. A copy of the NRC inspection report'is enclosed,-

From.our discussions-with Mr. Cathcart we understand that you plan to have the gauge manufacture dispose of_the. gauges in your. possession.

In your reply to this letter, please confirm our_ understanding and including the date in which you will be disposing of the material.

Based on the results of this inspection, it appears that your activities were not conducted in full: compliance with NRC requirements. A Notice of Violation -

is enclosed as Appendix A and categorizes each violation by-severity level-in accordance with the " General Statement of Policy and Procedure'for NRC Enforce-ment Actions," 10 CFR Part 2, Appendix C (Enforcement-Policy).

You are required to;respon_d to this letter and in preparing your response, you should follow the instructions in' Appendix A.

~

Item A described in the attached Notice of Violation, involving control of licensed material, is classified as a Severity Level IV violation. As indicated-in__ Supplement IV of the'NRC Enforcement Policy, significant violations of this

-type are normally classified as Severity-Level.III.

However, af ter careful

. consideration of-the factors involved in this ' specific i_nstance, we have exercised our Judgement _ under the NRC Enforcement Policy and have classified this_ violation as Severity Level IV. -Similar violations of this type in the future ~may result in additional enforcement action.

-In accordanca with Section -2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and your reply will.be placed in the Public Document Room.

9101110159 910103 PDR OA999 ELOCPMAY 99990001 PDR,

OFFICIAL RECORD COPY ML DL CAPE MAY - 0001.0.0 12/12/90 lEDT' 1000 "

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REGION I--- - --

-~

Cape May County Municipal 2

Utilities Authority The responses directed by this letter and the accompanying Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-S11.

Your cooperation with us is appreciated.

Sincerea,

Original Signed By:

j John R. White John R. White, Chief Nuclear Materials Safety Section C Division of Radiation Safety and Safeguards

Enclosures:

1.

Appendix A, Notice of Violation 2.

NRC Region I Inspection Report No. 99990001/90-012 CC:

Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

State of New Jersey Mr. William Cathcart, Chief, Operations and Maintenance Mr. Louis LaManna, Health Officer, Cape May County Department of Health Mr. Robert Fothergill, Lower Township, M.V.A.

bcc:

Region I Docket Room (w/ concurrences)

Management Assistant, DRMA M. Taylor, RI Ah]IDRSS R:

RI:DRV Taylor /bj WhKe 12//J /90 12

/90 l"

FFICIAL RECORD COPY ML DL CAPE MAY - 0001.1.0 12/12/90