ML20040D481

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Submits Notice of Violation Per 811215 Telcon Insp of License 35-12845-02.Violation Concerns Possession of Sealed Source Matl W/O Valid License.Reply Required in 30 Days Re Action Taken to Divest of Matl
ML20040D481
Person / Time
Issue date: 01/17/1982
From: Brown G
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Cummins G
REPUBLIC GYPSUM CO.
References
NUDOCS 8202010336
Download: ML20040D481 (2)


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35-12845-02 ATTH: Garland Cumins

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P. O. Drawer "C" xpiration Date: October 31, 1978 Duke, OK 73532 Gentlemen:

Subject:

Hotice of Violation This refers to the telephone discussion between Hr. D. B. Spitzberg of this office and Garland Cumins of your organization on December 15, 1981. The subject of the discussion was the fact that NRC records show that the Byproduct Haterials 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 form of a sealed source which requires a specific HRC 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 t'11s 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 NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations. Section 2.201 requires you to submit a written reply to this notico explaining the steps you have taken to correct this uzm situation. Since you expressed no intent to renew your license, the T3$l corrective action must include the provision that you divest yourself of Q

the material imediately, in a lawful manner.

In addition, you must submit co -.-

a statement which explains the method of disposal of the materials, 808 including: what material was involved., how it was disposed of or to whorl fog.

it was shipped, and when this was done.. Also, include the results of tl.e su most recent six month leak test performed in accordance with License O.

Condition 14.

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Your reply to this Notice of Violation shall be sent, within 30 days of the c

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receipt of this letter, to Region IV, U. S. Huclear Regulatory Comission, 611 Ryan Plaza Dr., Suite 1000, Arlington, Texas 76011, Attention:

G. D.

Brown, Chief, Technical Inspection Branch.

y7 CERTIFIED MAIL RETURN RECEIPT RE0 VESTED

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The responses directed by this Notice are not subject to the clearance j

procedures, cf the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

We request that you give prompt attention to these matters. Should you-have any questions regarding them, we would be pleased to discuss theru 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 will be placed in the Public Document Room.

Sincerely, l

- POriginal Signe:t hn G. D. BROVJ N'*

Glen D. Brown, Chief Technical Inspection Branch cc: Vandy L. Miller, Chief, Licensing Management Branch HMSS bcc: C/o DMB AE00 IE Files IE/RSB Nf1SS NRC-PDR I

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