ML20040D448

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Submits Notice of Violation Per 811231 Telcon Insp of License 43-12772-01.Violation Concerns Possession of Sealed Source Matl W/O Valid License.Application for License Must Be Made & Matl Placed in Secure Storage
ML20040D448
Person / Time
Issue date: 01/07/1982
From: Brown G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Jensen R
AFFILIATION NOT ASSIGNED
References
NUDOCS 8202010306
Download: ML20040D448 (3)


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Robert L. Jensen, M.D.

License: 43-12772-01 167 East 2nd North Logan, UT 84321 Expiration Date: April 30,1978 Gentlemen:

Subject:

flotice of Violation This refers to the telephone discussion between Mr. D. B. Spitzberg of this office and Nancy Thompson of your organization on Deceraber 30, 1981. The subject of the discussion was the fact that NRC records show that the Byproduct !!aterials 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 v.dth your representative we learned that you still possess material in the form of a sealed source 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:

Section 30.3 Activities requiring license. Except for persons exempt as provided in this part and Part 150 of this chapter, no person shall manufacture, produce, transfer, receive, acquire, own, possess, use, import or export byproduct material except as authorized in a specific or general license issued pursuant to the regulations in this chapter.

This Notice of Violation is sent to you under the provisions of Section 2.201 of the ilRC's " Rules of Practice," Part 2, Title 10, Code of I

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 (1) corrective steps which have been explanation in reply) including: corrective steps which will be taken to avoid this takenbyyou,and(2 happening in the future.

CERTIFIED l%IL - RETURN RECEIPT REQUESTED 0

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Robert L. Jensen 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 will be placed in the Public Document Room.

In addition to your reply to this Notice of Violation, if you want to continue your program you must imediately submit the enclosed NRC Form 313, " Application for Byproduct Materials License" to the License Management Branch, Office of Nuclear Materials Safety and Safeguards, U. S. Nuclear Regulatory Comission, Washington, D. C., 20555. A copy of the letter forwarding the application to the licensing branch (but not the application) should be sent to this office, Region IV, U. S.

Nuclear Regulatory Comission, 611 Ryan Plaza Dr., Suite 1000, Arlington, Texas 76011, Attention: Glen D. Brown, Chief, Technical Inspection Branch.

Also, you must immediately place the radioactive material on hand in secure storage until such time as you acquire a valid license. No other use of +he material on hand or purchase of additional byproduct material is authorized.

Include a statement in your reply to this Notice of Violation confirming that you have taken this action and describing the controls that will be exercised over the stored material until such time that you obtain a valid license.

Since your present license has expired, your application for renewal will be 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 Hotice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

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' Robert L. Jensen 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.

Sincerely, W

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o. o-Glen D. Brown, Chief Technical Inspection Branch cc: Vandy L. Miller, Chief, Licensing Management Branch, NHSS

Enclosures:

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HRC Form 313 2.

10 CFR 170 bcc:

c/o DMB AE00 IE Files IE/RSB NMss-NRC PDR NRC distribution J. Gagliardo File B. Spitzberg omerp

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