ML20057E589
| ML20057E589 | |
| Person / Time | |
|---|---|
| Issue date: | 09/13/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20057E545 | List: |
| References | |
| REF-QA-99990002-930913 99990002-93-01, 99990002-93-1, EA-93-213, NUDOCS 9310120326 | |
| Download: ML20057E589 (2) | |
Text
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NOTICE OF VIOLATION Childress Service Corporation Docket No. 999-90002 i
Beaver, West Virginia General License (10 CFR 31.5)
EA 93-213 During an NRC inspection conducted on July 27-28, 1993, a violation of NRC requirements was identified.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violation is listed below:
10 CFR 31.5(c)(3) requires, in part, that any person who acquires, l
receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shall assure that removal from installation involving the radioactive source, its shielding or containment, are performed:
(1) in accordance with the instructions provided by the labels; or (2) by a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to perform such activities.
The label affixed to the licensee's Kay-Ray Model 3660 Density System, I
Model No. 7062BP, Serial No. 25147 (a general license device), states, 1
in part, that installation, dismantling, or relocation of this device i
shall be performed by persons specifically licensed by the Nuclear Regulatory Commission or an Agreement State.
Contrary to the above, on or about May 10, 1993, a licensee employee, I
who was not specifically licensed by the Nuclear Regulatory Commission or an Agreement State, removed a metal pipe that had attached to it the device described above which contained approximately 100 millicuries of cesium-137 from its installed position in the coal preparation line and i
relocated the metal pipe along with the device to a metal shed for storage.
This is a Severity level III violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, Childress Service Corporation is hereby required to submit a written statement or explanation to the Regional Administrator, Region II, with a copy to the U.S. Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, D.C. 20555, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation:
(1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or demand for information may be k
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j issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath of affirmation.
Dated a,t Atlanta, Georgia This/5"Jday of September, 1993
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