ML20154C080
| ML20154C080 | |
| Person / Time | |
|---|---|
| Site: | 15000031 |
| Issue date: | 09/29/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20154C070 | List: |
| References | |
| 15000031-98-004, 15000031-98-4, NUDOCS 9810060138 | |
| Download: ML20154C080 (2) | |
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NOTICE OF VIOLATION Alchemy Consulting Docket No. 150-00031 New York, New York NY License No. 2817-4054 During an NRC inspection conducteu on September 11,1998, one 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 30.3 requires, in relevant 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 each such activity, file 4 copies of NRC Form-241, " Report of Proposed Activities in Non-Agreement States", with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, from July 20,1998 until August 3,1998, Alchemy Consulting, a licensee of New York State, used cadmium 109 in Washington, D.C., a Non-Agreement State, without a specific license issued by the NRC and without filing Form-241 with the NRC.
This is a Severity Level IV violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, Alchemy Consulting 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 thie Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each 1 violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, i (2) the corrective steps that have been taken and the results achieved, (3) the correciive 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, if you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001. Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
9810060138 990929 PDR STPRQ ESGNY PDR
Notice of Violation 2 Alchemy Consulting 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.
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