ML20029E144

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Notice of Violation from Insp on 940301.Violation Noted: in Jan of 1994,licensee Tranferred (Lost) Portion of Device Containing Approx Nine Mci of Po-210 to Person Not Holding Specific License
ML20029E144
Person / Time
Issue date: 05/03/1994
From: Caniano R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20029E141 List:
References
REF-QA-99990003-940503 NUDOCS 9405170074
Download: ML20029E144 (1)


Text

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9 NOTICE OF VIOLATION Primex Plastic Corporation General License (10 CFR 31.5)

Richmond, Indiana Docket Number: 99990003 As a result of the letter dated March 1,1994, and in accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C, the following violation was identified:

10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shall, except as provided for in 10 CFR 31.5(c)(9), transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

Contrary to the above, in January of 1994, the licensee transferred (lost) a portion of a device containing approximately nine millicuries of polonium-210, and this transfer was not made to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

This is a Severity Level IV violation (Supplement VI).

Pursuant to the provisions of 10 CFR 2.201, Primex Plastics Corporation is hereby required to submit a written statement or explanation to the U.S.

Nuclear Regulatory Commission, Region III, 801 Warrenville Road, Lisle, Illinois, 60532-4351, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

This reply should be clearly marked as a

" Reply to a Notice of Violation" and should include for each violation:

(1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.

If an adequate reply is not received within the time specified in this Notice, an order or demand for information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

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Dated

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Materials Safety Branch 9405170074 940503 REC 3 GA999 ENV*****

99990003 PDR

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