ML20148E327
| ML20148E327 | |
| Person / Time | |
|---|---|
| Issue date: | 05/23/1997 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20148E300 | List: |
| References | |
| REF-QA-99990001-970523 NUDOCS 9706030067 | |
| Download: ML20148E327 (1) | |
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l NOTICE OF VIOLATION Hera Tech Environmental Labs Docket No. 99990001
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Cherry Hill, New Jersey Non-Licensee During telephone discussions on November 21,1996, and January 8,1997, violations of NRC requirements were identified in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy),
NUREG 1600, the violations are listed below:
A.
10 CFR 30.3 requires, in part, that except for persons exempted, no person shall possess or use byproduct material except as authorized by a specific or general license issued pursuant to Title 10, Chapter 1, Code of Federal Regulations.
Contrary to the above, from November 4,1996 until about January 8,1997, Hera Tech Environmental Laboratory possessed two electron capture detectors containing approximately 15 millicuries of nickel-63 each without a valid NRC license, and was not exempt from the requirements for a license.
This is a Severity Level IV violation (Supplement VI).
B.
10 CFR 30.41(a) and (b)(5) require, in part, that no licensee transfer byproduct material except to a person authorized to receive such byproduct material under the terms of a specific or general license issued by the Commission or Agreement State.10 CFR 31.5(c)(8) and 31.5(c)(9) require that generally-licensed devices be transferred only to persons with a specific license or to a general licensee if the device remains in use at the particular location.
Contrary to the above, about January 8,1997, Hera Tech Environmental Labs in Cherry Hill, New Jersey, transferred one specifically-licensed nickel-63 source and one generally-licensed nickel-63 source in devices, each containing 15 millicuries of nickel-63, to Precision Analytical Laboratories, Inc. in Toms River, New Jersey, a person who was not authorized to receive such byproduct material under the terms of a specific or general license issued by the Commission or Agreement State.
This is a Severity LevelIV violation (Supplement VI).
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 telephone discussion records from l
November 21,1996 until January 8,1997. However, you are required to respond to l
the provisions of 10 CFR 2.201 if the description therein does not accurately reflect your i
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 Comrnission, 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).
l OFFICIAL RECORD COPY l
9706030067 970523 l
REG 1 GA999 EXI*****
l 99990001 PDR I