ML20196A988
| ML20196A988 | |
| Person / Time | |
|---|---|
| Issue date: | 11/22/1988 |
| From: | Cline W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML20196A971 | List: |
| References | |
| NUDOCS 8812060160 | |
| Download: ML20196A988 (2) | |
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l l
ENCLOSURE l
NOTICE OF VIOLATION Tyger Construction Company Docket No. 15000039 Spartanburg, SC Liceni,e No. 346 (South Carolina)
During the Nuclear Regulatory Commission (NRC) inspection conducted on October 31, 1938, violations of NRC requirements were identified. In accord-ance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Par: 2, Appendix C (19S3), the violations are listed below:
?,0 CR 150.20(a) grants a general license to any person holding a specific license from an Agreement State where the licenses maintains an office for directing the licensed activity, and at which radiation records are normally maintained, to conduct the same activity in non-Agreement States, provided the specific license does not limit the activity authorized by the general license to specified installations and locations, and provided the licensee complies with the requirements of 10 CR 150.20(b).
A. 10 CR 150.20(b) requires a general licensee, as described in 10 CFR 150.20(a), to comply with the provisions of certain specified regulations contained in Title 10 of the Code of Federal Regulations. One of these regulations is Part 71.
10 CFR 71.5(a) requires that each licenser who transports licensed material outside of the confines of its plar. or other places of use shall comply with the applicable requirements of "
- agulations, appropriate to the mode of transport, of the Department of Transportation in 49 CFR Parts 170-189.
49 CFR 172.200(3) requires that each person who offers a hazardous material for transportation shall describe the hazardous material on a shipping paper.
49 CFR 177.817(e) requires in part that the shipping paper be clearly distinguished, anc' be within the immediate reach of the driver when he or she is restrained try a seit belt, anti that the shipping paper be readily visible to a person entering the driver compartment.
Contrary to the above, the licensee has transported licensed hazardous material outside the confines of its office since approximately August 17, 1988, without shipping papers.
This is a Severity Lesvel IV violation (Supplement V).
B. 10 CR 150.20(t) requires a general licensee, as described in 10 CFR 150.20(a), to compis with the provisions of certain specified regulations contained in Title 10 of the Code of Federal Regulations. One of these regulations is Part 19.
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1 l Notice of Violation 2 l
10 CFR 19.11 requires a licensee to post current copies of certain documents near or in a licensed activity location. These documents include 10 CFR 19, 10 CFR 20, the license, complete with amendments, referenced documents, and operating procedures. If posting is not l practicable, the licensee may post a notice that describes the documents and where they may be examined. The licensee is also required to post Form NRC-3, "Notice of Employees," to permit individuals who frequent an/
portion of a "restricted area" to observe the form.
Contrary to the above, on October 31, 1988, none of the above documents l were posted by the licensee.
This is a Severity Level V violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, Tyger Construction Company is l hereby required to submit a written statement or explanation to the Nuclear )
Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, !
l with a copy to the Regional Administrator, Region II, within 30 days of the ;
I date of the letter transmitting this Notice. This reply should be clearly l marked as a "Reply to a Notice of Violation" and should include for each ,
l violation: (1) admission or denial of the violation, (2) the reason for the '
l violation if admitted, (3) the corrective steps which have been taken and the I results achieved, (4) the corrective steps which will be takten to avoid further violations, and (5) the date when full compliance will be achieved. Where good cause is shown, consideration will be given to extending the response time. 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 as may be proper should not be taken.
FORTWENUCLE3RREGULATORYCOMMISSION 2'
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William E. Cline, Chief pt Nuclear Materials Safety and Safeguards Branch Division of Radiation Safety and Sateguards Dated at t9anta, Georgia this y ^ f of November 1988