ML20149H238
| ML20149H238 | |
| Person / Time | |
|---|---|
| Issue date: | 07/21/1997 |
| From: | Caniano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Brewer E AFFILIATION NOT ASSIGNED |
| References | |
| EA-97-343, NUDOCS 9707240290 | |
| Download: ML20149H238 (2) | |
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D cD July 21,1997 EA 97-343
' Mr. Ed Brewer, Body Shop Manager GM Roger Adams Highway 63 South '
Post Office Box 1126 Rolla, Missouri 65402
SUBJECT:
LOSS OF STATIC ELIMINATION DEVICE
Dear Mr. Brewer:
This refers to your letter dated June 25,1997, notifying the NRC Region 111 Office of your body shop's loss of a polonium-210 static elimination device. The device, an NRD lon Air Gun, Model Number P-2051, serial numbe. J3121, was rnanufactured by NRD inc. and contained a nominal 10.2 millicuries of polonium-210.at the time of manufacture. You leaseo the device on April 3,1997, and considered the device lost on April 21,1997. You stated that tha device was likely stolen.
As a holder of a general license pursuant to 10 CFR 31.5 of the Commission's regulations, you are responsible for the proper transfer and disposal of radioactive material in your passession. As a holder of a general license, you are also required to report the loss of radioactive material to the Commission within 30 days in accordance with 10 CFR 20.2201(a)(1)(ii) of the Commission's regulations. In this case, according to your letter, you e
possessed the rad:oactive material which was contained in a leased NRD lon Air Gun, you did not properly transfer or dispose of the radioactive materialin your possession, and you did not make a report of lost radioactive material to the Commission within 30 days.
Because you failed to maintain possession of the polonium-210 static elimination device you leased from NRD inc. and because you did not make a timely report of its loss to the Commission, the NRC has determined that two Severity Level IV violations of NRC requirements have occurred. However, in ligt: of the fact that you identified that the radioactive material was missing and you eventually reported it to us, and in light of your corrective action which you committed to in your June 25,1997 letter (i.e., you will 1
maintain adequate control of these devices in the future and promptly report any missing
' devices to the Commission), the NRC has decided to exercise enforcement discretion and not issue formal enforcement action for these two violations in accordance with Section Vll.B.1 of the " General Statement of Policy and Procedure for NRC Enforcement Actions."
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Although the amount of polonium-210 lost was small, the two non-cited violations described above demonstrate (1) the importance of maintaining adequate control of radioactive materials to ensure that improper handling or loss does not occur and (2) the importance of reporting the theft or loss of radioactive materials in a timely manner.
We caution you that any similar violations in the future will carry increased significance and may result in additional enforcement action, including imposition of monetary penaltics.
You should inform your employees that theft of NRC-licensed radioactive material may be referred to the U.S. Department of Justice for investigation and prosecution. Therefore, we request that you post this letter at your facility to encourage the widest possible dissemination to your employees.
If our understanding of your corrective action is not correct as described above, you are required to notify me in writing within 30 days. Otherwise, you are not required to respond to this letter.
In accordance with 10 CFR 2.790 of the Commission's regulations, a copy of this letter will be placed in the NRC's Public Document Room We will gladly discuss any questions you have concerning this matter.
Sincerely, Original Signed by Roy J. Caniano Roy Caniano, Acting Director Division of Nuclear Materials Safety General License (10 CFR 31.5) bec:
Office of Enforcement J. Goldberg, OGC D. Cool, NMSS J. Caldwell, Rlll T. Simmons, Rlll PUBLIC IE07 DOCUMENT NAME: R:\\LT R S 2 LIC\\M T LS\\070\\97A D A M S. LO 1 To receive a cor,7 of this document. Indicate in the box:"C" = Copy without enclosure "E" = Copy with enclosure"N" = No copy lI Rlli OFFICE Rh, E
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NAME PHIMiip CLAYTON Mb CANIANO N DATE 07//*797 07/16/97 9
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