ML20129H101

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Notice of Violation from Insp on 960805.Violation Noted: Licensee Perform Moisture Density Activities W/O Specific or General License Issued by NRC & W/O Filing Form-241
ML20129H101
Person / Time
Site: 15000009
Issue date: 10/23/1996
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20129H072 List:
References
15000009-96-05, 15000009-96-5, EA-96-315, NUDOCS 9610310051
Download: ML20129H101 (2)


Text

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NOTICE OF VIOLATION Puisacola Testing Laboratories. Inc. Docket No. 150-00009 Pensacola. Florida EA 96-315 During an NRC inspection conducted on August 5.1996 a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions." NUREG-1600, the violation i is listed below: )

i 10 CFR 30.3 requires, in relevant part, that no person shall possess or use by-product material except as authorized by a specific or general i license issued by the NRC. i 10 CFR 150.20(a) provides. in part, that any person who holds a specific j license from an Agreement State is granted an NRC general license to  ;

conduct the same activity in non-Agreement States subject to the '

provisions of 10 CFR 150.20(b)  !

10 CFR 150.20(b)(1) requires, in part. that any person engaging in activities in non-Agreement States shall. at least three days before engaging in each such activity, file four copies of NRC Form-241.

" Report of Proposed Activities in non-Agreement States." with the Regional Administrator of the appropriate NRC Regional Office. l Contrary to the above, on numerous occasions between 1990 and August 5.

1996. Pensacola Testing Laboratories. Inc. used millicurie quantities of Cesium-137 and Americium-241 to perform moisture density activities '

at Eglin Air Force Base. Whiting Field, and Pensacola Naval Air Station.

Florida in areas of exclusive Federal jurisdiction, without either a specific or general licence issued by the NRC and without filing  :

Form-241 with the NRC, as required. (01013)

This is a Severity Level III violation (Supplement VI). l The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent .

recurrence, and the date when full compliance was achieved is already adequately addressed on the docket in Pensacola Testing Laboratories. Inc.'s letter to the NRC dated October 3. 1996. However. Pensacola Testing Laboratories. Inc. is required to submit a written statement or explanation  ;

pursuant to 10 CFR 2.201 if the description therein does not accurately i reflect the corrective actions or the licensee's position. In that case, or if Pensacola Testing Laboratories. Inc. chooses to respond, the response should be marked clearly as a " Reply to a Notice of Violation." and sent to the U. S. Nuclear Regulatory Commission. ATTN: Document Cmtrol Desk.

Washington D. C. 20555 with a copy to the Regional Adminiarator. Region II  !

within 30 days of the date of the letter transmitting this Notice of i Violation.

Dated at At wtJ. Georgia I this 23rd day of October 1996 i

9610310051 961023 PDR STPRG ESOFL PDR

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