ML20198A667

EN-85-037A:on 851104,order Imposing Civil Penalty in Amount of $250 Issued to American Can Co Based on Unauthorized Transfer of Gauge & Possible Harm Which Could Result to Individual Coming in Contact W/Missing Gauge

ML20198A667
Person / Time
Issue date:	11/04/1985
From:	Axelrad J, Flack E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
References
EN-85-037A, EN-85-37A, NUDOCS 8511060122
Download: ML20198A667 (1)

Text

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D ' CJ November 4, 1985 EN 85-37A 0FFICE 0F INSPECTION AND ENFORCEMENT-NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION

' Licensee: American Can Company, Greenwich, CT General License-(10 CFR 31.5)

Subject:

IMPOSITION OF. CIVIL PENALTY

$250 By EH-37 dated May.7,1985, the Comission was notified of the intent of IE to issue a Notice of. Violation and Proposed Imposition of Civil Penalty in the amount of Five-Hundred Dollars to American Can Company. This action was based on the unauthorized removal _of radioactive material (NDC Systems Model 103 RHL~ nuclear gauge) from an unrestricted area. The licensee presumes the

' nuclear gauge'was lost or. stolen.

The licensee responded'to the Notice in a letter dated June 24, 1985. After

careful consideration of the licensee's response, the staff has concluded that there is sufficient evidence'to show that the licensee did not violate a'

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requirement concerning installation and removal of gauges by unauthorized individaals. Accordingly, the citation.has been withdrawn. The remaining portion of this violation remains, but has been classified as a Severity.

Level. IV to more appropriately reflect the significance of the violation. The-

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civil penalty for this violation has been remitted in.its entirety.

However,

-a-$250 civil penalty is being imposed'for-the other violation because of the significance of the unauthorized transfer of the gauge and the possible harm

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which could result to an individual who might come'in contact with the missing gauge. Accordingly, an Order Imposing Civil Monetary Penalty in the amount of Two Hundred and Fifty Dollars has been issued today. Under the terms of the F

Order, the ' licensee may within 30 days of the date of the Order, pay the civil penalty or request a hearing.

Contact:

E. Flack, IE 29823 J. Axelrad, IE 24909 Distribution:

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