ML20035F854
| ML20035F854 | |
| Person / Time | |
|---|---|
| Issue date: | 04/13/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML20035F847 | List: |
| References | |
| NUDOCS 9304220342 | |
| Download: ML20035F854 (2) | |
Text
i NOTICE OF VIOLATION Westex Company Docket No. 15000004 0xnard, California California License No. 5324-56 During an NRC inspection conducted on March 29 and 30,1993, a violation of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violations are listed below:
10 CFR Part 150, requires in part, that not withstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities in a non-Agreement State or in offshore waters under the general licenses provided in this section, the general licenses in this section are subject to the provisions of..
10 CFR 19, 20, and 71 and subpart B of part 34 of this chapter....
10 CFR 71.3 states that a licensee subject to the regulations in 10 CFR Part 71 may not (a) deliver any licensed material to a carrier for transport or (b) transport licensed material except as authorized in a general license or a specific license issued by the Commission, or as exempted in 10 CFR Part 71.
i 10 CFR 71.12 states, in part, that a general license to transport licensed material, or to deliver licensed material to a carrier for transport, applies only to a licensee who has a quality assurance program j
approved by the Commission as satisfying the provisions of subpart H of 10 CFR Part 71; has a copy of the specific license, certificate of compliance, or other approval of the package; and submits in writing to NRC, prior to the first use of the transport package, the licensee's name, license number, and package identification number.
Contrary to the above, as of March 30, 1993, the licensee routinely transported licensed material under the general license pursuant to 10 CFR 71.12, and the licensee did not have a quality assurance program approved by the Commission, a certificate of compliance, or other approval of the package, and had not submitted in writing to NRC prior to the first use of the transport package the licensee's name, license number, and package identification number.
This is a Severity Level IV violation (Supplement V).
Pursuant to the provisions of 10 CFR 2.201, Westex Company is hereby required to submit a written statement or explanation to the Regional Administrator, Region V, with a copy to the U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C. 20555, 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, 9304220342 930413 PDR STPRG ESGCA PM t
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i the Commission may issue an order or a demand for information as to why the i
license should not be modified, suspended, or revoked, or why such other y
action as may be proper should not be taken. Where good cause is shown, consideration will be given for extending the response time.
Dated aj Walnut Creek, California this 13 day of April, 1993 i
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