ML20135C713

Forwards Insp Rept 1500009/96-15 on 961105.One Apparent Violation Noted & Being Considered for Escalated Enforcement Action

ML20135C713
Person / Time
Site:	15000009
Issue date:	11/26/1996
From:	Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Pettis A AFFILIATION NOT ASSIGNED
Shared Package
ML20135C716	List: ML20135C713 ML20135C738
References
EA-96-473, NUDOCS 9612090054
Download: ML20135C713 (2)

See also: IR 015000009/1996015

Text

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November 26, 1996

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EA 96 473

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Tri-State Testing

ATTN: Mr. Art Pettis

President

P. O. Box 477

Cottondale, FL 32431-0477

SUBJECT: NRC INSPECTION REPORT NO. 150 00009/96 15

Dear Mr. Pettis: l

This refers to the inspection conducted on November 5,1996, at your I

Cottondale, Florida facility. The purpose of the ins)ection was to follow up

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on your use of byproduct material at Eglin Air Force 3ase, Florida, an area of I

exclusive Federal jurisdiction, without an NRC license. At the conclusion of

the onsite inspection, the findings were discussed with you.

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Areas examined during the inspection are identified in the report. Within

i these areas, the inspection consisted of selective examinations of procedures

and representative records and interviews with personnel.

Based on the results of this inspection, one apparent violation was identified  :

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and is being considered for enforcement action in accordance with the " General  ;

Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement

Policy), NUREG 1600. The apparent violation is of concern because the failure

to file for reciprocity prior to engaging in licensed activities in areas of

exclusive Federal jurisdiction denies the NRC the opportunity to inspect and

ensure that the Public health and safety is arotected. Accordingly, no Notice

of Violation is presently being issued for t1is finding. In addition, please

be advised that the characterization of the apparent violation described in

the enclosed inspection report may change as a result of further NRC review.

You will be advisea by separate correspondence of the results of our

deliberations on this matter. No response regarding the apparent violation is

, required at this time.

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In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a co)y of

this letter, its enclosure, and any reply will be placed in the NRC Pu)lic

Document Room.

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9612090054 961126 ,

PDR STPRG ESOFL .

PDR A g [i l l

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Tri-State Testing 2

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Should you have any questions concerning this letter, please contact

Mr. Charles M. Hosey at (404) 3315614.

Sincerely,

(original signed by

D. M. Collins)

Bruce S. Mallett, Director i

Division of Nuclear Materials Safety l

Docket No.: 150-00009 )

Florida License No.: 1988-1 '

Enclosure: NRC Inspection Report

No. 150-00009/96-15

cc w/ encl:

State of Florida

Distribution w/ encl:

PUBLIC

RII Docket File, DNHS

J. Lieberman OE

0E:EA File (B. Summers) (2)

D. Cool, NMSS

D. Flack, NMSS

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SIGNATURE Mb

KAME WLoo CHosey - OCollins BU ans ( k

OATE M / 96 11 / ' /_96 11 / b / 96 11_/ / 96 11 / 2 96 11 / / 96

COPY? (YES) NO YES $0) .'I YE) NO [fES) NO YES NO YES NO

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