ML20155H100

Notice of Violation for Southern Processing Enterprises from Insp Conducted on 980702-1009.Violations Noted:Licensee Failed to Assure That Removal of Radioactive Matl Was Performed by Specifically Licensed Person

ML20155H100
Person / Time
Issue date:	10/30/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20155H080	List: ML20155H076 ML20155H100 ML20155H112
References
REF-QA-99990002-981030 99990002-98-02, 99990002-98-2, EA-98-495, NUDOCS 9811090343
Download: ML20155H100 (2)

Text

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NOTICE OF VIOLATION Southern Processing Enterprises Docket No. 999-90002 Beckley, West Virginia Licenae No. General License EA 98 495 During an NRC specialinspection conducted on July 2 and Octob6r 9,1998, violations of NRC requirements were identified, in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, the violations are listed below:

A. 10 CFR 31.5(c)(3)(ii) requires, in part, that any person who possesses, uses or transfers byproduct material in a device pursuant to the general license in 10 CFR 31.5(a) assure that installation, servicing and removal from installation involving the radioactive material, its shielding or container are performed by a person holding a specific license pursuant to 10 CFR 30 and 32 or from an Agreement State to perform such activities.

Contrary to the above, in late 1997, Southern Processing Enterprises (SPE), an entity who possessed byproduct material in a device pursuant to 10 CFR 31.5(a), failed to assure that removal from installation of radioactive material and its shielding contained in generally licensed devices (fixed nuclear gauges) was performed by a person specifically licensed to perform such activity, under either 10 CFR 30 and 32 or an Agreement State. Specifically, an SPE employee personally removed, from installation, two fixed gauges, each containing 250 mci of Cs 137 and neither the employee nor SPE were specifically licensed to perform such activity. (030101)

B 10 CFR 31.5(c)(8) requires, in part, that any person who transfors byproduct material in I a device pursuant to the general license in 10 CFR 31.5(a), transfer the device only to persons holding a specific license pursuant to 10 CFR 30 and 32 m from an Agreement j State to receive the device.

Contrary to the above, in or about May 1998, SPE transferred two generally licensed devices, each containing 250 mci of Cs 137, one to a facility in Kentucky and another to l a facility in Tennessee, and neither facility held a specific license, pursuant to 10 CFR 30 and 32 or from an Agreement State, authorizing their receipt. (030102)

This is a Severity Level lli problem (Supplement VI).

Pursuant to the provisions of 10 CFR 2.201, Southern Processing Enterprises 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 ll, 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 d6puting the violation, (2) the corrective steps that have been taken and the results I 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 previously j docketed correspondence,if the correspondence adequately addresses the required response.

Enclosure 1

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1 Notice of Violation 2 If an adequate reply is not received within.the time specified in this Notice, an order or a l 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, U. S. Nuclear Regulatory Commission, Washington, DC 20555 0001, and the Director, Enforcement and Investigations Coordination Staff, Region 11.

Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

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, if personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information, if you request withholding of such material, you muit specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information), if safeguards information is necessary to provide an acceptable response, please

- provide the level of protection described in 10 CFR 73.21.

Dated at Atlanta, Georgia this 30th day of October,1998 i'

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