ML20040D475
| ML20040D475 | |
| Person / Time | |
|---|---|
| Issue date: | 01/07/1982 |
| From: | Brown G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Gates L EMDMDGLK |
| References | |
| NUDOCS 8202010331 | |
| Download: ML20040D475 (3) | |
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License: 43-11528-01 A
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4' Logan, UT 84321 Expiration Date: February 28, F/ViG Gentlemen:
Subject:
Notice of Violation This refers to the telephono discession between Mr. D. B. Spitzberg of this office and Nancy Thompson of your organization on December 30, 1981. The subject of the discussion was the fact that NRC 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 in the fom of a sealed source which requires a specific NRC license. Your possession of that natorial 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, inport 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 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.
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' OFFICI AL R ECORD_C_OPY _ _ _ _ _ _ _
NRC FORM 318 stO'80l NRCM O240
s L. Keith Gates 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 Roor..
In addition to your reply to this Notice of Violation, if you want to continue your program you must immediately submit the enclosed NRC Form 313, " Application for Byproduct Itaterials License" to the License tianagement Branch, Office of Nuclear Materials Safety and Safeguards, U. S. Nuclear Regulatory Commission, 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 Commission, 611 Pyan 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 the 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 dece.ribing the controls that will be exercised over the stored material unti; such time that you obtain a valid license.
Since your present license has expired, your application for renewai will be processed as a request for a new license. Accordingly, you must detenaine if your progran is subject to a license fee as required by Section 170.31 of 10 CFR Part 170 and, if one is required, subnit the appropriate fee along with the application.
The responses directed by this Notice 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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s L. Keith Gates -l We request tisat you give prompt attention to these matters. Should you have any questions regarding them, we would be pleased to discuss them with you.
Sincerely,
" Original signed byn G. D. BROWN" Glen. D. Brown, Chief Technical Inspection Branch
.cc: Vandy L. Miller, Chief, Licensing Management-' Branch,' NMSS
Enclosures:
1.
HRC Form 313 2.
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