ML20032C697

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Submits Notice of Violation Re Failure of Licensee to Renew License.Statement Describing Controls to Store & Secure Byproduct Matl Until Valid License Can Be Obtained Due in 30 Days
ML20032C697
Person / Time
Site: 07002319
Issue date: 11/02/1981
From: Kinneman J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Peters A
OUR LADY OF LOURDES MEDICAL CENTER, CAMDEN, NJ
References
NUDOCS 8111100750
Download: ML20032C697 (2)


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NOV 1981 "W4%^^ma y

Docket No. 70-2319

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U Inquiry No. 81-01 Cu/fg Our Lady of Lourdes Hospital License No. SNM-1650 ATTN: Anthony Peters Expiration Date: July 31, 1981 Administrator 1600 Haddon Avenue Camden, New Jersey 08103 Gentlemen:

SUBJECT:

NOTICE OF VIOLATION This refers to the telephone discussion between Ms. J. Johansen of this office and Mr. Anthony Peters on October 6 and 7,1981.

The subject of the discussion was the fact that NRC records show that the Special Nuclear Material License identified above has expired and no renewal application has been filed in accordance with Section 70.33 of Title 10, Code of Federal Regulations, Part 70.

Additionally, you were advised that pacemakers inserted under this license still functioning in living patients are considered to be " possession" by you; therefore, the procedures required by Conditions 13, 14, 15, and 16 of License SNM-827 must continue to be implemented.

In allowing this license to expire you are in violation cf Section 70.3 of 10 CFR Part 70 which states:

"No person subject to the regulations in this part shall receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material except as authorized in a license issued by the Commission pursuant to these regulations."

s This Notice of Violation is sent to you under the provisions of Section 2.201 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations. Section E.201 requires you to submit to this office a' written statement or explanation in reply including:

(1) corr,ective steps which 7 hay been tak b

ou, and (2) corrective steps which will be taken to

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Y avoid this happening in the future. Your corrective actions must include filing an application for a new license.

.You are required to reply to this Notice within thirty days of the date of this letter. Address your reply to Region I, U.S. Nuclear Regulatory Commission, Attention: Chief, Materials Radiological Protection Section, 631 Park Avenue, King of Prussia, Pennsylvania 19406.

Since your present license has expired, your application for renewal will be proce'ssed as a request for a new license. Accordingly, you must determine if your program is subject to a license fee as required by Section 170.31 of 10 CFR Part 170 and, if one is required, submit the appropriate fee along with the application. Copies of appropriate application forms and guides are enclosed for your use.

We request that you give prompt attention to these matters.

Should you have any. questions regarding them, we would be pleased to discuss them with you.

In accordance 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 J'y will be placed in the Public Document Room.

The responses directed by this Notice are not subject to the clearance procedures of the Offices of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely, Original Signed By:

John D. Kinneman, Chief Materials Radiological Protection Section

Enclosures:

1. NRC Form 313
2. 10 CFR Part 170 cc w/ enc 1:

Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

State of New Jersey bec w/ encl:

Region I Docket Room (w/ concurrences)

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OFFICIAL RECORD COPY 9

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