ML20138J943

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Notice of Violation from Insp on 970415.Violation Noted:On 960516,NTS Dba Nationwide Testing Svcs,Inc,Licensee of State of Il Used Licensed matl,Iridium-192,within State of Indiana & Failed to File NRC Form 241
ML20138J943
Person / Time
Issue date: 04/25/1997
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20138J938 List:
References
REF-QA-99990003-970425 99990003, NUDOCS 9705090211
Download: ML20138J943 (2)


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NOTICE OF VIOLATION N.T.S. Enterprises, Inc. License No. IL-01545-01 l d.b.a Nationwide Testing Services Docket No. 999-90003 Schaumburg, IL l During an NRC inspection conducted on April 15,1997, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600 (60 FR 34381, dated June 30,1995), the violation is listed below:

10 CFR 30.3 requires, in part, that no person shall possess or use byproduct material except as authorized by a specific or general license issued by the NRC.

10 CFR 150.20(a) provides, in part, that any person who holds a specific 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 3 days before engaging in such activity, file 4 copies of NRC Form 241, " Report of Proposed Activities in Non-Agreement States,"

with the Regional Administrator of the appropriate regional office.

Contrary to the above, on May 16,1996, N.T.S. Enterprises, Inc., d.b.a Nationwide Testing Services, Inc., a licensee of the State of Illinois (an Agreement State), used  :

licensed material, iridium-192, within the state of Indiana (a Non-Agreement State) i and failed to file an NRC Fo".n 241. l This la a repeat bm.

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

Pursuant to the provisions of 10 CFR 2.201, N.T.S. Enterprises, Inc., d.b.a. Nationwide Testing Services is hereby required to submit a written statement or explanation to the  ;

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk, Washington, D.C. I 20555, with a copy to the Regional Administrator, Region lil,801 Warrenville Road, Lisle, j lilinois 60532-4351 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 violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps 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 not 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.

9705090211 970425 REG 3 GA999 EECNATE 99990003 PDR

Notice of Violation 2 t

i Because your response will be placed in the NRC 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. However, if you find it

necessary to include such information, you should clearly indicate the specific information i

that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

4 Dated at Lisle, Illinois l this 25thday of April 1997 i

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