ML20136E040

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Notice of Violation from Insp on 970203.Violation Noted: Licensee Permitted Radioactive Matl to Be Used by Two Individuals Who Had Not Successfully Completed Training Course in Safe Use & Handling of Portable Gauges
ML20136E040
Person / Time
Site: 15000005
Issue date: 02/07/1997
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20136D993 List:
References
15000005-96-01, 15000005-96-1, NUDOCS 9703130096
Download: ML20136E040 (2)


Text

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ENCLOSURE 1 NOTICE OF VIOLATION Western Colorado Testing, Inc. Docket No.: 150-00005 Grand Junction, Colorado License No.: Colorado 580-01 During an NRC insoection concluded on February 3,1997, one 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 150.20(b)(4) requires, in part, that any person engaging in activities in non-Agreement States under the general licenses provided in 10 CFR 150.20 shall comply with all terms and conditions of the specific license issued by an Agreement State except such terms or conditions as are contrary to the requirements of 10 CFR 150.20.

Condition 12 of Colorado Radioactive Maturial License 580-01 requires that radioactive materials shall be used by individuals, designated as users by the Radiation Safety Officer, who have successfully completed a training course in the safe use and handlin0 of portable gauges which has been accepted by the U.S.

Nuclear Regulatory Commission or an Agreement State.

Contrary to the above, the licensee permitted radioactive material to be used by two individuals who had not successfully completed a training course in the safe use and handling of portable gauges which had been accepted by the U.S. Nuclear Regulatory Commission or an Agreement State. Specifically, in 1995, an individual who had completed an "in-house" portable gauge course conducted licensed activities in the state of Wyoming in 1995. The "in-house" course had not been approved by the State of Colorado or the NRC Additionally, in 1996, another individual who had completed the "in-house" course conducted licensed activities in the state of Wyoming.

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

Pursuant to the provisions of 10 CFR 2.201, Western Colorado Testing, Inc. 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 should be clearly marked as a " Reply to a Notice of Violation" and should include for each violatio. (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective s'.sps that have been taken and the results achieved, (3) the 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 specified in this Notice, an order or a Demand for Information may be issued as to why the license should 9703130096 PDR 970307 STPRG ESGC3 PDR

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net 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.

Bccouse your response will be placed in the NhC 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. If personal privacy or proprietary information is necessary to rJovide an acceptable response, then please provide a bracketed copy of your response th6t identifies the information that should be protected 3 and a redacted copy of your response that daletes such information. If you request i withholding of such material, you rnust specifically identify the portions of your response j that you seek to have withheld and provide in detail the bases for your claim of L withholding (e.g., explain why the disclosure'of information will create an unwarranted

invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information), if safeguards information is necessary to provide an acceptable response, please provide the l level of protection described in 10 CFR 73.21.

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Dated at Arlington, Texas this 7th day of February 1997 T

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