ML20136D977

Notice of Violation from Insp on 961018-970110.Violation Noted:In Mar or April 1996,licensee Transferred & Disposed of 130 Uci Am-241 Sealed Calibration Source Contained in Packard Model 3385 Liquid Scintillation Counter

ML20136D977
Person / Time
Issue date:	03/10/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20136D955	List: ML20136D951 ML20136D977 ML20136E115
References
REF-QA-99990004-970310 99990004-96-02, 99990004-96-2, EA-96-534, NUDOCS 9703130077
Download: ML20136D977 (1)

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ENCLOSUREI NOTICE OF VIOLATION 1

Department of Veterans Affairs Docket No. 999-90004

Veterans Administration Medical Center License No. General License Pursuant to 10 CFR 31.5 l Houston, Texas EA 96 534 During an NRC reactive inspection conducted from October 18 through January 10,1997, l a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and P.acedure for NRC Enforcement Actions," NUREG-1600,the.

violation is listed below:

10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives,

possesses, uses or transfers byproduct materialin a device pursuant to a general

! license shall, except as provided in 10 CFR 31.5(c)(9), transfer or dispose of the

device containing byproduct material only by transfer to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive

. the device.

Contrary to the above, in March or April 1996, the licensee transferred and j subsequently disposed of a 130 microcurie americium 241 sealed calibration source (Model AMCK599) contained in a Packard Model 3385 liquid scintillation counter by

, a means other than transfer to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State and the exemption in

10 CFR 31.59(c)(9)did not apply. Specifically, the licensee determined that the sealed source housed in the liquid scintillation counter was removed from its facility by a scrap metal dealer and may have been smelted or lost in the public domain.

l (01013)

l. This is a Severity Level til violation (Supplement IV).

. 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 is already adequately addressed on the docket in inspection Report No. 999-90004/96-02 4 and event report from licensee dated November 1,1996. However, you are required to i

respond to the provisions of 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it to the ,

U.S. Nuclear Regulatory Commission, ATT: Document Control Desk, Washington, D.C.

20555 with a copy to the Regional Administrative, Region IV,611 Ryan Plaza Drive, j Suite 400, Arlington, Texas 76011 within thirty days of the date of the letter transmitting 4 this Notice of Violation.

Dated at Arlington, Texas, this 10th day of March,1997

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9703130077 970310 REG 4 GA999 EUSVA 99990004 PDR i

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