ML20197F856

Notice of Violation from Insp on 971006 & 09 & Proposed Imposition of Civil Penalty in Amount of 4,400.Violations Noted:Licensee Disposed of PECO Controls Gamma Model 101 Containing 100 Mci Am-241 & Exceptions Did Not Apply

ML20197F856
Person / Time
Issue date:	12/19/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20197F806	List: ML20197F801 ML20197F856
References
REF-QA-99990001-971219 99990001-97-21, EA-97-486, NUDOCS 9712300306
Download: ML20197F856 (3)

Text

i MCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY The Stroh Brewery Company Docket No. 99990001 Fogelsville, Pennsylvania License No. General License EA 97 480 During an NRC inspection conducted on October 6 and 9,1997, violations of NRC re;quirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUF EG-1000, the NRC proposes to impose a civi.

penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civilpenalty are set forth below:

1. Violation Assessed A Civil Penaltv 10 CFR 31.5 (c)(8) requires, in part, that, except as provided in 10 CFR 31.5(c)(9), a licensee shall dispose of generally licensed devices only by trant.for to persons holding a specific licent.e pursuant to 10 CFR Parts 30 and 32 or from an A0reement State to receive the device.

Contrary to the above, on July 28,1997, the licensee disposed of a PECO Controls Gamina Model 101 generally licensed device containing 100 millicuries of americium-241, by transfer to persons other than one holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device, and the exceptions in 10 CFR 31.5(c)(9) did not apply. Specifically, the device was disposed of by transfer to rodd Heller, Inc, a recycling disposal firm that does not hold a specific license pursuant to 10 CFR Parts 30 and 32 or a license from an Agreement State.

(01012)

This is a Severity Level 11 violation (Supplement IV),

Civil Penalty $4,400,

11. Violation Not Assassed A Civil Penalty 10 CFR 31.5 (c)(2) requires, with certain exceptions not applicable here, that the licensee shall assure that generally licensed devices are tested for leakage of radioactive material at no lont.er than six month intervals or at other intervals as are specified on the label.

Contrary to the above, the licensee's two PECO Controls Gamma Model 101 generally Scensed devices containing 100 millicuries of americium 241 were not tested for leakage of radioactive mateilel at the required six-month intervals and the devices were not subject to the specified exemptions. Specifically, the tests were only performed in 1981,1982,1984 and 1988, and were only performed once in each of those years, and at least one of these sources remained in the licensee's possession until July 28,1997 and was not tested during that period. (02014)

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

9712300306 971219 RE01 GA999 ENVSTRDH 99990001 PDR

4 Enclosure 2 Pursuant to the provisions of 10 CFR 2.201, The Stroh Brewery Company is hereby required to submit a written statement or explanatior' to the Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice). This reply should be clearly marked as a " Reply to a Notice of Vio'ation" and should include for each alleged violation: (1) admission or dental of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notico, an Order or a Demand for Information may be issued as why the license should not be modified, suspended, or revoked or why such other action as may be propt; mould not be taken.

Consideration may be given to extending the response time for good cause sliown. Under the authority of Secilon 102 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or offirniation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draf t, money order, or electronic transfer payable to the Treasures of the United States in the amount of the civil penalty proposed ebove, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, 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 f all to answer within the time specified, an order imposing the civil penalty 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 should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation (s) listed in this Noticu, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may requt.st remission or mitigation of the penalty, in requesting mitigation of the proposed penalty, the factors addressed in Section VI.0,2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 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 poco and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to toe other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upor. failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions 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.

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Enclosure 3 The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, i and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director,  !

Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555  !

Rockville Pike, Rockville, MD 20852 2738, with a copy to the Regional Administrator, U.S.  !

Nuclear Regulatory Commission, Region 1. [

Because your response will be placed in the NRC Public Document Room (PDR), to the extent l 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 1 information la necessary to provide en acceptable response, then please provide a b ecketed j copy of your response that identifies the information that should be protected and a adacted l copy of your response that deletes such infortnation. if you request withholding of such j material, you mW11 specifically identify the portions of your response that you seek to hava  ;

withheld and provide in detail the bases for your claim of withholding (e.g., explain why the l disclosure of information will create an unwarranttd 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  ;

j acceptable response, please provide the level of protection described in 10 CFR 73.21. {

t Dated at King oIPrussia, Pennsylvania  !

this 19th day of December 1997 l i

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TMartia, AEOD DScrencl, PAO RI NSheenan, PAO RI l' OE:GCant OE:EA LTromper, OC LAS:DNMS (RI)

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