ML20138N578
| ML20138N578 | |
| Person / Time | |
|---|---|
| Issue date: | 02/19/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20138N571 | List: |
| References | |
| REF-QA-99990001-970219 NUDOCS 9702270354 | |
| Download: ML20138N578 (2) | |
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ENCLOSURE 1 NOTICE OF VIOLATION M & W Soils Engineering, Inc.
Docket No. 9999-0001 Charlestown, New Hampshire 03063 New Hampshire License No. 264R EA No.97-065 During an NRC inspection conducted on January 30,1997, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the violation is listed below:
10 CFR 150.20(b)(1) requires that, when engaging in activities in non-Agreement States under the generallicense granted by 10 CFR 150.20(a), four copies of Form.
241 (revised) and four copies of the Agreement State specific license be filed with the Regional Administrator of the U.S. Nuclear Regulatory Commission Office (for the region in which the Agreement State that issued the license is located) at least three days prior to engaging in such activity.
Contrary to the above, from approximately January 1,1994, to December 12,1996, the New Hampshire licensee used three portable nuclear density gauges containing approximately 9 millicuries of Cesium-137 and 44 millicuries of Americium-241 per gauging device at approximately 12 sites in the State of Vermont, a non-Agreement State, without the proper forms (i.e., NRC Form 241 and Agreement State license) having been filed with the NRC Region i Regional Administrator.
This is a Severity Level 111 violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, M & W Soils Engineering, 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 I, 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.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
9702270354 970219 REG 1 GA999 EMV*****
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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 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.
Dated at King of Prussia, Pennsylvania this 19th day of February 1997 i
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