ML20196K026
| ML20196K026 | |
| Person / Time | |
|---|---|
| Site: | 15000012 |
| Issue date: | 06/28/1999 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20196K005 | List: |
| References | |
| NUDOCS 9907080118 | |
| Download: ML20196K026 (2) | |
Text
NOTICE OF VIOLATION Alfred Benesch & Company Docket No. 150-00012 Chicago, IL License No. IL-01696-01 During an NRC inspection conducted on June 16,1999, with continuing NRC review through June 23,1999, violations of NRC requirements were identified. In accordance with the
" General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below: '
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 a Non-Agreement State subject to the provisions of 10 CFR 150.20(b).
10 CFR 150.20(b)(5) states, in part, that the general licensee shall comply with all terms and conditions of the specific license issued by the Agreement State. l I
- 1. Condition 2 of License No, IL-01696-01 states, in part, the radioactive material shall be i used by, or under the supervision and in the physical presence of individuals who have successfully completed the manufacturer's training course or an equivalent, Department approved, training course.
Contrary to the above, on June 16,1999, an individual was operating a moisture / density gauge containing licensed material in the vicinity of Fond-Du-Lac, Wisconsin, and the individual had not completed nor was the individual supervised an in the physical l presence of and individual who had completed the manufacturer's training course or an i equivalent, Department approved, training course.
This is a Severity Level IV violation (Supplement VI).
- 2. Condition 10 of License No. IL-01696-01 requires, in part, that the licensee shall conduct its program in accordance with the statements, representations, and procedures contained in an application dated April 25,1996.
Item 19 of the referenced application requires, in part, that individuals working with licensed material possess a whole body radiation monitoring device.
Contrary to the above, on June 16,1999, an individual operating a moisture / density I gauge containing licensed material in the vicinity of Fond-Du-Lac, Wisconsin, did not possess a whole body radiation monitoring device.
This is a Severity Level IV violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, Alfred Benesch & Company is hereby required to i
, submit a written statement or explanation to the U.S. Nuclear Regule. tory Commission, l ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional
! Administrator, Region Ill, within 30 days of the date of the letter tra nsmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Rep'/ to a Notice of Violation" and should include for each violation: (1) the reason for ti e violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective :tcps that have been taken and the l
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- - results 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 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 i
. or a Demand for information may be issued as to why the license should not be modifed, 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, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, D.C. 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.
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 i that it can be placed in the PDR without redaction. . If personal privacy or proprietary information . I 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 must ,
specifically identify the portions of your response that you seek to have withheld and provide in l
- detall 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 l 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. -i i
in accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.
I Dated this 28th day of June 1999 l i
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