ML20196C665

Notice of Violation as Result of from Huffy Sports Basketball Sys.Violations Noted:In Sept 1998,licensee Transferred anti-static Air Gun Containing 10 Mci of Po-210 to Person Not Holding Specific License

ML20196C665
Person / Time
Issue date:	11/24/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20196C640	List: ML20196C635 ML20196C665
References
REF-QA-99900003 NUDOCS 9812020082
Download: ML20196C665 (1)

Text

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l NOTICE OF VIOLATION Huffy Sports Basketball Systems Docket No. 999-0003 Sussex, Wisconsin General License (10 CFR 31.5)

As a result of the letter dated October 30,1998, and in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses, or transfers byproduct material in a device pursuant to a general license shall, except as provided for in 10 CFR 31.5(c)(9), transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license pursuant 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

Contrary to the above, in September 1998, the licensee transferred / disposed of an anti-static air gun containing approximately 10 millicuries (mCl) (370 MBq) of polonium-210, and this transfer was not made to a person holding a specific lio3nse pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

This is a Severity Level IV violation (Supplement VI).

The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct tne violation and prevent recurrence has already been adequately addressed in your report of loss of the static eliminator. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region lil, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

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, D.C.

20555-0001.

If you choose to respond your response will be placed in the NRC Public Document Room (PDR); therefore, 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. Under the authority of Section 182 of Act 42 U.S.C. 2232, any response shall be submitted under oath or affirmation.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 24th day of November 1998 9812020082 981124 PDR GA999 EttV*****

99900003 PDR

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