ML20054C039

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Responds to Re Notice of Violation & Show Cause Order.Violations Occurred But Adequate Corrective Measures Taken.License Not Revoked & Show Cause Order Rescinded
ML20054C039
Person / Time
Issue date: 03/25/1982
From: Deyoung R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Sammons R
DAYTON X-RAY CO.
Shared Package
ML20054C041 List:
References
EA-81-065, EA-81-65, NUDOCS 8204190416
Download: ML20054C039 (3)


Text

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MAR 2 51992 MM Fuz cm Byproduct Material co/

License No. 34-06943-01 f

g EA 81-65 g

Dayton X-Ray Company pfiY ATTN:

R. W. Sammons S'

20g27 C President pg![$hgo 11 1150 West Second Street u

Dayton, Ohio 45407 b,

rs p

Gentlemen:

4, This is in response to your December 21, 1981 letter which responded to the Notice of Violation and the Order to Show Cause requesting you to show cause why License No.34-06943-01 should not be revoked. This also acknowledges receipt of a copy of your letter dated March 8, 1982, sent to the Materials Licensing Branch, FCMS, requesting a license amendment.

The Notice of Violation and Order to Show Cause were enclosed with our letter to you dated November 27, 1981.

After careful consideration of your response, we have determined that the viola-tions did occur as stated.

However, after consideration o' your response to the Order and corrective actions taken to ensure adequate management control over the licensed program, we have concluded that you have shown sufficient cause why the license should not be revoked.

Accordingly, we have determined that the Order to Show Cause should be rescinded.

The Order is enclosed.

Our decision to rescind the Order is based upon our determination that you have made improvements in your radiography program since June 1980 and that your proposed corrective actions are satisfactory.

With respect to unannounced inspections, we note that you have requested an amendment to your license in a letter dated March 8, 1982 which will require at least one audit per month, whenever radio-graphic operations are in progress at either field sites or in-house operations, so that each radiographer and radiographer's assistant must be inspected at least once each year.

We will continue to make unannounced inspections of your licensed activities.

Special attention during these inspections will be given to the qualifications of radiographers.

The results of these inspections, including your implementa-tion of the corrective actions as described in your December 21, 1981 letter, will be considered in determining whether additional enforcement action such as revocation of your license is appropriate.

CERTIFIED MAIL RETURN RECEIPT REQUESTED 8204190416 820325 NMS LIC30 34-06943-01 PDR

MAR 2 51982 Dayton X ray Company Accordingly, we expect that you will provide particular emphasis on management audits and steps to ensure that the Radiation Safety Officer is cognizant of and implements all aspects of your radiation safety program as upgraded in June 1980.

Sincerely,

" Original Signed By R. C. DeYoung" Richard C. DeYoung, Director Office of Inspection and Enforcement

Enclosure:

Order Rescinding Order to Show Cause Distribution PDR NSIC TIC SECY VStello, DED/ROGR RDeYoung, IE TBrockett, IE JMetzger, IE ED0 Reading File CA DNussbaumer, OSP JMurray, ELD (3)

JLieberman, IE JCrooks, AE00 JCummings, 0IA APuglise, CON L-316 Department of Health Director, Radiological Health Program 246 N. High Street Columbus, OH 43216 Director, EI Staff RI, RII, RIII, RIV, RV Central Files IE Files

  • See previous concurrence

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~ 7 considered in determining whether any further enforcement action, such as suspension, or revocation of your license is appropriate.

Implementation of your corrective actions should include particular emphasis on management audits and steps to assure that the Radiation Safety Officer is cognizant of and imple-ments all aspects of your radiation safety program as upgraded in June 1980.

Sincerely, 1

Richard C. DeYoung, Director Office of Inspection and Enforcement

Enclosure:

Order Rescinding Order to Show Cause Distribution PDR NSIC TIC SECY VStello, DED/ROGR RDeYoung, IE TBrockett, IE JMetzger, IE ED0 Reading File CA i

DNussbaumer, OSP JMurray, ELD (3)

JLieberman, IE JCrooks, AE0D JCummings, 0IA l

APuglise, CON L-316 l

Department of Health Director, Radiological Health Program i

246 N. High Street Columbus, OH 43216 Director, EI Staff RI, RII, RIII, RIV, RV Central Files l

IE Files r

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