ML20195C811
| ML20195C811 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1988 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20195C807 | List: |
| References | |
| REF-QA-99990003-881027 EA-88-255, NUDOCS 8811030413 | |
| Download: ML20195C811 (2) | |
Text
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l NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY F
l Ford Motor Company Docket No. 999-90003 Sterling Heights, Michigan General License (10 CFR 31.5)
EA 88-255 i
During an NRC special safety inspection conducted on September 7, 1988 at Ford Motor Company's Van Dyke Plant in Sterling Heights, Michigan, a violation of NRC requirements was identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendir. C (1988), the Nuclear Regulatory Comminioq i. rop 9ses to impose a civil penalty i
pursuant to Section 234 of the Ate;,dc Energy Act of 1954, as amended (Act),
42 U.S.C. 2282, and 10 CFR 2.205.
The particular violation and associated civil penalty are set forth below:
10 CFR 31.5(c)(8) requires that any person who acquires, receives, possesses, uses cr transfers byproduct material in a device pursuant to a general license dall transfer or dispose of the device containing byproduct material only by tr...sfer to persons holding a specific license pursuant to Parts 30 and 32 of t
this chapter or from an Agreement State to receive the device, t
Contrary to the above, during the Spring of 1987, the licensee disposed of a l
Weston Controls 5310 generally licensed gauge containing approximately one curie i
of americium-241.
The transfer and disposal of the device was not made to persons holding a specific license pursuant to Parts 30 and 32 of this chapter l
or from an Agreement State to receive the device.
This is a Severity Level III violation (Supplement IV).
Civil Penalty - 5500.
t Pursuant to the provisions of 10 CFR 2.201, Ford Motor Company (Licensee) is i
hereby required to submit a written statement or explanation to the Director, J
Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of i
the date of this Notice. This reply should be clearly marked as a "Reply to i
a Notice of Violation" and should include for each alleged violation:
)
(1) admission or denial of the alleged violation; (2) the reasons for the i
violation if admitted; (3) the corrective actions that have been taken and I
i j
the reaults achieved; (4) the corrective actions that will be taken to avoid f
further violations; and (5) the date when fC1 compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an Order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action a may be proper should not be taken. Consideration may be given to extending the response time for good cause shown Under the authority of Section 182 of the Act, 42 U.S.C. 2232 J
this ;asponse shall be submitted under oath or affirmation.
1 i
5 I
8011030413 001027 i
REC 3 G A999 EPfVFORD 99990003 PNV I
Within the same time as provided for the response required under 10 CFR 2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director.
Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail to answer within the t me specified, an Order imposing the civil penalty i
will be issued.
Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer I
should bc clearly marked as an "Answer to a Notice of Vio'.ation" and may:
l (1) deny the violations listed in this Notice in whole or in part; (2) demon-l strate extenuating circumstancts; (3) show error in this Notice; or (4) show other reasons why the penalty should not be imposed.
In addition to protesting i
the civil penalty, in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five factors described in Section V.B of 10 CFR Part 2, Appendix C (1988), should be addressed.
Any written answer in accordance with 30 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
The attention of the licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty, Upon failure to pay any civil penally due which subsequently has been determined in accordance with the applicable provision of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regubtory Commission, ATTN:
Document Control Desk, Washington, D.C. 20555, with a empy to the Regional Administrator, Region III, U.S. Nuclear Regulatory Commission, 795 Roosevelt Road, Glen Ellyn, Illinois 60137.
FOR THE NUCLEAR REGULATORY COMMISSION 0
fl$bO" A. Bert Davis Regional Ad:.tinistrato?
Dateda)>GlenEllyn, Illinois this p day of October 1988