ML20151M587

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Confirmation of Action Ltr 85-01 Re Unauthorized Possession of Byproduct Matl.Notice of Violation Will Not Be Issued Due to self-identification of Violations.Application to Possess Texas Nuclear Gauges Must Be Filed within 30 Days
ML20151M587
Person / Time
Issue date: 11/22/1985
From: Grace J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: James K
JULIANA COAL CO.
References
CAL-85-01, CAL-85-1, NUDOCS 8601020614
Download: ML20151M587 (2)


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O t f. Cel NOV 2 21985 Juliana Coal Company ATTN:

Mr. Ken James General Manager P. O. Box 47 Erbacon, WV 26203

' Gentlemen:

SUBJECT:

CONFIRMATION OF ACTION This refers to a conversation between Mr. K. Barr of this o.*fice and you on November 21, 1985, concerning our recent inspection finding that you possess by product material not under a specific or general license. For your informa-tion,10 CFR 31.5 requires that you receive these types of nuclear gauges only from a specific licensee rather than from a general licensee, as you did in this case. Also, these gauges must be installed and serviced by a specific licensee.

Since you notifed us of these violations in your telephone call of September 6,

-1985, we have elected to consider these to be self-identified violations.

Consistent with the intent of 10 CFR 2, Appendix C, " General Statement of Policy and Procedure for Enforcement Actions," we are not issuing a Notice of Violation.

With regard 'to the matter discussed, we understand that you will take the following actions:

1.

Within 30 days of the date of this letter, have the gauges leak tested and checked for proper installation by the gauge manufacturer if not already done within the past six months.

2.

File an application in duplicate within 30 days of the date of this letter on the enclosed NRC Form 313, " Application for Material License," consistent with 10 CFR 30.6, for authorization to possess and use the byproduct material contained in four Texas Nuclear gauges.

3.

Insure that any testing, installation, servicing and removal from installation involving the radioactive material, and its shielding or containment are performed by a person holding an NRC or Agreement State specific license to perform such activitie,s.

8601020614 851122 REG 2 LIC30 q.

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2 1985 Juliana Coal Company 2

If your understanding of our discussion is different from that above, please inform this office promptly.

Sincerely, b

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[J.NelsonGrace v

Regional Administrator

Enclosures:

1.

NRC 313

~ 2.

10 CFR 19, 20, 30, 70, 170 3.

Reg Guide 10.7 CAL 85-01 CERTIFIED MAIL RETURN RECEIPT REQUESTED

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