ML20129G307

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Notice of Violation from Insp on 960731-0910.Violation Noted:Licensee Transported Densometer Gauge Containing 5 Mci of Ce-137 Outside Confines of Plant W/O Shipping Paper on 960730
ML20129G307
Person / Time
Issue date: 09/25/1996
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20129G297 List:
References
REF-QA-99990004-960925 99990004-96-09, 99990004-96-9, NUDOCS 9610030023
Download: ML20129G307 (2)


Text

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h ENCLOSURE NOTICE OF VIOLATION Halliburton Energy Services Docket No.:

999-90004 Duncan, Oklahoma License No.:

General License Pursuant to 10 CFR 31.5 During an NRC inspection conducted on July 31 through September 10,1996, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 31.2 states, in part, that the general licenses provided in this part are subject to the provisions of 10 CFR 30.34(a) to (e).

10 CFR 30.34(c) states that each person licensed by the Commission pursuant to the regulations in this part and parts 31 through 36 and 39 shall confine his possession and use of the byproduct material to the locations and purposes authorized in the license. Except as otherwise provided in the license, a license issued pursuant to the regulations in this part and parts 31 through 36 and 39 of this chapter shall carry with it the right to receive, acquire, own, and possess byproduct material. Preparation for shjpment and transport of byproduct material shall be in accordance with the provisions of part 71 of this chapter.

10 CFR 71.5(a) requires that licensees who transport licensed material outside the confines of their plants or deliver licensed material to a carrier for transport, comply with the applicable requirements of the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR Part 170-189.

49 CFR 177.817(a) requires that a carrier not transport a hazardous material unless it is accompanied by a shipping paper prepared in accordance with 49 CFR 172.200-203. Pursuant to 49 CFR 172.101, radioactive material is classified as hazardous material.

Contrary to the above, on July 30,1996, the licensee transported a densometer gauge containing 55 millicuries of cesium-137 outside the confines of its plant without a shipping paper.

This is a Severity Level IV violation (Supplement V).

Pursuant to the provisions of 10 CFR 2.201, Halliburton Company is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within

-30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply i

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 l

violation, (2) the corrective steps that have been taken and the results achieved, (3) the I

i 9610030023 960925 REG 4 GA999 EECHALLS j 99990004 PDR

e e

2-corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response if an adequate reply is not received within the time spdfied in this Notice, an order or a Demand for Information may be 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.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

Dated at Arlington, Texas this 25th day of September 1996

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