ML20038C572

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Submits Notice of Violation in Ref to Telcon on 811109. Noncompliance Noted:Possession of Radioactive Matls W/O Current License.License 05-16078-02 Expired 810831
ML20038C572
Person / Time
Issue date: 12/01/1981
From: Brown G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Gildersleeve H
HOLLY SUGAR CORP.
References
NUDOCS 8112110238
Download: ML20038C572 (2)


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.f 05-16078-02 Holly Sugar Corporation ATTN: Mr. H. P. Gildersleeve s

P. O. Box 1052 Expiration Date: August 31, 1981 Colorado Springs, CO 80901 Gentlemen:

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Subject:

flotice of Violation l

This refers to the telephone discussion between !!r. D. B. Spitzberg of this office I

and fir. H. P. Gildersleeve of your organization on fiovember 9,1981. The subject of the discussion was the fact that f1RC records show that the Byproduct Materials License identified above has expired and no renewal application has been filed in accordance with Section 30.37 of Title 10, Code of Federal Regulations, Part 30.

From our discussion with your representative we learned that you still possess material which requires a specific NRC license. Your possession of that material without a valid, specific license is a violation of Section 30.3,10 CFR Part 30.

Section 30.3 states:

530.3 Activities requiring license. Except for persons exempt as provided in this part and Part 150 of this chapter, no person shall manu-i facture, produce, transfer, receive, acquire, own, possess, use, import or j

export byproduct material except as authorized in a specific or general I

license issued pursuant to the regulations in this chapter.

This flotice 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 2.201 requires you to submit to this office, within 30 days of your receipt of this notice, a written statement or explanation in reply including:

(1) corrective steps which have been taken by you, and (2) corrective steps which will be taken to avoid this happening in the future. The last paragraph of your response should include a statement equivalent to the following:

I "I certify that all information contained in this letter, including any I

supplements attached thereto, is true and correct to the best of my f

knowledge and belief."

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QSRC FORM 318 (10-80) NRCM O240 OFFICIAL RECORD COPY

Holly Sugar Corporation '

In addition to your reply to this Notice of Violation, if you want to continue your program you must insnediately submit the enclosed NRC Foria 313. " Application t

for Byproduct Materials License" to the License Management Branch, Office of 4

Nuclear Materials Safety and Safeguards, U. S. Nuclear Regulatory Canadssion, Washington, D. C., 20555. A copy of the letter fomarding the application to the licensing branch (but not the application) should be sent to this office, Region IV, U. S. Nuclear Regulatory Comunission, Attention: Glen D. Brown, i

Chief, Technical Inspection Branch.

Also, you must take steps to insure that the radioactive materials on hand in Worland, Wyoming, will not be removed fmm their respective holders or otherwise moved, or transferred and that no other byproduct material is purchased.

Include a statement in your reply to this Notice of Violation describing the controls that will be exercised over the material until such time that you obtain a i

valid license.

Since your present license has expired, your application for renewal will be i

processed 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.

The responses directed by this letter are not subject to the clearance procedures of the Office of Management and Budget as required by the l

Papemork Reduction Act of 1980, PL 96-511.

We request that you give prompt attention to these matters. Should you have any questions concerning them, we will be pleased to discuss them with you.

Sincerely,

O rid n a t s!gned byt G.D.UROWN" Glen D. Brown, Chief g

Technical Inspection Branch t

Enclosures :

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NRC Form 313 2.

10 CFR Part 170 cc: Vandy L. Miller, Chief, Licensing Management Branch, HMSS bec: c/o DFB AE0D IE Files IE/RSB M4SS NRC PDR 2

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