ML20041B233
| ML20041B233 | |
| Person / Time | |
|---|---|
| Issue date: | 01/22/1982 |
| From: | Brown G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Kondziolka D WESTERN TECHNOLOGIES, INC. |
| References | |
| NUDOCS 8202230413 | |
| Download: ML20041B233 (3) | |
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s WesternTechnology(SanJuanTesting License: 30-13983-01 Laboratory. Inc.)
ATTil: David Kondziolka 400 South Lorena Expiration Date: April 30, 1976 Farmington, riti 87401 Gentlemen:
Subject:
!!otice of Violation This refers to the telephone discussion between Mr. D. B. Spitzberg of this office and Mr. David Kondziolka of your organization on January 7,1982. The subject of the discussion was the fact that llRC records show that the Byproduct Itaterials 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, if used in States under the jurisdiction of the NRC, requires a specific flRC license. Your possession or use of that material in these states 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 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)correctivestepswhichhavebeen taken by you, and (2) corrective steps which will be taken to avoid this hapoening in the future.
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.
CERTIFIED MAIL - RETURN RECEIPT REQUESTED 07 8202230413 820122 hD NMS LIC30 30-13983-01 PDR 0.
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- Western Technology (San Juan Testing Laboratory, Inc.)
In addition to your reply to this tiotice of Violation, if you want to continue your program you must imediately submit the enclosed HRC Fom 313 " Application for Byproduct ttaterials License" to the License Management Branch, Office of Nuclear Materials Safety and Safeguards, i
U. S. tiuclear Regulatory Cocnission, Washington, D. C., 20555. A copy of i
the letter forwarding the application to the licensing branch (but not the l
application) should be sent to this office, Region IV, U. S. !!uclear l
Regulatory Comission, 611 Ryan Plaza Dr., Suite 1000, Arlington, Texas, 76011, Attention: Glen D. Grown, Chief, Technical Inspection Branch.
l Also, you must innediately cease all use of the material in States under the jurisdiction of the 14uclear Regulatory Commission.
Include a statement in your reply to this flotice of Violation confiming this action and describing the controls that will be exercised cver the 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 detemine if your program is subject to a license fea 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 Qtice are not subject to the clearance procedures of the Office of lianagement 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 them with you.
Sincerely,
% Ukre.q,
Glen D. Brown, Chief Technical Inspection Branch l
Enclosures:
1.
ftRC Fom 313 2.
10 CFR Part 170 cc: Vandy L. Miller, Chief, Licensing Management Branch,flMSS
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