ML20135D376

Responds to Re Confirmatory Action Ltr CAL-1-96-13 & Understands That Listed Actions Will Be Taken Concerning Transfer of Two Gas Chromatographs Containing Licensed Byproduct Matl

ML20135D376
Person / Time
Issue date:	11/27/1996
From:	Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Rashat S External (Affiliation Not Assigned)
References
REF-QA-99990001-961127 CAL-1-96-13, NUDOCS 9612090356
Download: ML20135D376 (5)

Text

!

3 November 27, 1996 i

Docket No. 99990001 Non-Licensee CAL No.1-96-013 Mr. Subash Rashat i Director Hera Tech, Inc.

1879 Old Cuthbert Road Suite I Cherry Hill, NJ 08034

SUBJECT:

CONFIRMATORY ACTION LETTER (CAL)

Dear Mr. Rashat:

This letter refers to a letter dated November 12,1996, from Mr. Leo Greenwald, President, Quality Control Laboratory (QCL) to the NRC in which he states that on November 4, 1996, he transferred two gas chromatographs (GCs) containing licensed byproduct material to Hera Tech, inc: One of these GCs was manuf actured by Tracor, and, as presently configured, requires a specific-NRC license for possession. The other GC was manufactured by Perkin-Elmer Company, and, as configured, may be possessed under a general license. In telephone discussions on November 21 and 22,1996, between you and Mr. Steven Courtemanche of this office, you stated that you had received the Tracor GC, but had to check through your inventory for the second one. You should be aware that in telephone discussions on November 22,1996, with Mr. Courtemanche, Mr. and Mrs. Greenwald stated that you had received both GCs.

Possession of licensed byproduct material without a valid, specific license is a violation of Section 30.3 of 10 CFR Part 30 (copy enclosed). 10 CFR 30.3 requires that, except for persons exempted, no person shall possess or use byproduct material except as authorized by a specific or generallicense.

Pursuant to a telephone conversation between you and Mr. John D. Kinneman, Chief, Nuclear Materials Safety Branch 2 of the NRC on November 27,1996, it is our understanding that you have taken (or will take) the following actions (which will be completed by the dates specified):

1) Within 30 days of the date of this letter:

. a) complete an application using the enclosed Regulatory Guide and send the application to the Region I office if you plan to possess the . )~

Tracor GC under a specific NRC license. Include the correct fee as h

specified in 10 CFR 170 (enclosed); or {

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• S. Rashat 2 4 Hera Tech, Inc.

b) contact Mr. Carlton Lorfing of Finnigan Corp. (the successor company to Tracor),845 West Maude Avenue, Sunnyvale, California 94086 (512-251-1487) and follow his instructions if you wish to re-configure l the Tracor GC so that it may be possessed under a general license; or c) transfer the Tracor GC to a person specifically licensed for the byproduct materialin accordance with 10 CFR 30.41.

2) Within 30 days of the date of this letter, conduct an inventory of the material purchased from QCL and confirm that you have the Perkin-Elmer GC.

3) Within 30 days of the date of this letter:

a) contact the Radiation Safety Officer of Perkin-Elmer Company,761 l Main Avenue, Norwalk, Connecticut 06859-0001 i

(203-762-1000) and notify him of your possession of a generally- I licensed device, and follow their instructions; or b) transfer the Perkin-Elmer GC to a person specifically licensed for the l 1

byproduct material, such as the manufacturer, in accordance with 10

, CFR 30.41.

4) Alllicensed byproduct material will remain in storage and not be used until such time as you are authorized by a specific or general license to possess 1

the particular GC, i

Pursuant to Section 182 of the Atomic Energy Act,42 U.S.C. 2232, you are required to:

1) Notify me immediately if your understanding differs from that set forth  !

above;

2) Notify me if for any reason you cannot complete the actions within the a specified schedule and advise me in writing of your modified schedule in advance of the change; and

3) Notify me in writing when you have completed the actions addressed in this Confirmatory Action Letter.

Issuance of this Confirmatory Action Letter does not preclude issuance of an order formalizing the above commitments or requiring other actions on your part; nor does it preclude the NRC from taking enforcement action for violations of NRC requirements that may have prompted the issuance of this letter. In addition, failure to take the actions addressed in this Confirmatory Action Letter may result in enforcement action.

1 l

l C.TECIAL E.CO.7D CC ?Y

- S. Rashat 3

, Hera Tech, Inc.

f The responses directed by this letter are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, l Pub. L. No.96-511.

In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter '

and your response will be placed in the NRC Public Document Room (PDR). To the extent possible, your response 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 3 request for withholding the information from the public.

, Sincerely, I

wrAgirwal Signed bya Charles W. Hehl, Director Division of Nuclear Materials Safety Docket No. 99990001 Non-Licensee  !

l

Enclosures:

1. 10 CFR Pans 20, 30, 31,170, and 171

2. Draft Regulatory Guide FC 405-4 cc:

State of New Jersey Mr. Leo Greenwald President Quality Control Laboratory 85 Fairway Drive i Tuckerton, NJ 08753 l

I O. . SAL EZCOF.D CC PY e

l 1

- S. Rashat 4 Hera Tech, Inc.

l l Distribution:

l PUBLIC Nuclear Safety Information Center (NSIC) l Region 1 Docket Room (w/ concurrences) l Docket File for License No. 29-18171-02 H. Thompson, DEDS H. Miller, RI C. Paperiello, NMSS 1 D. Cool, NMSS l J. Lieberman, OE A. Nicosia, OGC L. Davis, OGC  ;

K. Smith, RI  !

D. Holody, Rl J. Joustra, RI l C. Gordon, RI .

D. Chawaga, RI l PAO,RI i M. Campion, R1

• SEE PREVIOUS CONCURRENCES DOCUMENT NAME: R:\WPS\MLDL\99990001.913 To receive e copy of this document, indicate in the box: 'C' - Copy w/o attach /enci *E' = Copy w/ attach /enci *N* = No copy OFFICE DNMS/RI N DNMS/RI EC/RI l RC/RI NAME SCourtemanche' JKinneman

• DHolody* MZobler*

DATE s/11/26/96 11/ /96 11/ /96 11/ /96 OFFICE DNMS/RI DRA/RI NAME CHehl F,, ( WKane' l DATE 11/27/96 11/ /96 11/ /96 11/ /96 l

OFFICIAL RECORD COPY I

Docket No. 99990001 Non-Licensees. Rashat

.- Hera Tech, Inc.

Distribution

PUBLIC Nuclear Safety information Center (NSIC)

Region i Docket Room (w/ concurrences)  !

Docket File for License No. 29-18171-02 '

H. Thompson, DEDS  :

H. Miller, RI W. Kane, RI '

D. Cool, NMSS J. Lieberman, OE (2) i A. Nicosia, OGC i L. Davis, OGC '

K. Smith, RI i D. Holody, RI J. Joustra, RI l C. Gordon, RI D. Chawaga, RI M. Campion, RI i

DOCUMENT NAME: R:\WPS\MLDL\99990001.913 To receive a copy of this,docurnent, Indicate in the box: f*C' = Copy w/o attach /enci *E' = Copy w/ attach / encl *N' = No copy OFFICE DhlflS/RI, lN D fMS/RQ A) EC/RI _,,jl RC/RI SC MWfiimanche/src J 144NfFnan NAME/ DHolody 1/t/ 'i K6methewA DATE. %41'/26/96 11/L/96 11 r /96 11

= ba--------- uma amenBaummuunum num mas (sm,umummmune menama/2796 dsammmmmemeu OFFIC Q PNMSjRI,, , DRh y),

NAME / CHehf/ W W$Me  ;

DATE /f 11/26/96 11/fl/96 11/ /96 11/ /96 l i

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OFFICIAL RECORD COPY

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