ML20198P244

NOV from Insp on 951127-28 for Mullinex Packages,Inc. Violation Noted:Licensee Transferred Lfe Model Scl 77A Nuclear Gauge & Transfer Was Not Made to Person Holding Specific License

ML20198P244
Person / Time
Issue date:	11/30/1995
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20198P228	List: ML20198P236 ML20198P244
References
REF-QA-99990003-951227 SSD, NUDOCS 9901070013
Download: ML20198P244 (1)

Text

_-_ __ _ _ _ _ _ _ _ - _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

NOTICE OF VIOLATION Mullinex Packages, Inc.

Fort Wayne, Indiana General License (10 CFR 31.5)

Docket No. 99990003 During an NRC evaluation conducted on November 27 and 28, 1995, a violation of NRC requirements was identified.

In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy),

NUREG-1600 (60 FR 34381; June 30, 1995) 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 to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

Contrary to the above, on August 23, 1995, the licensee transferred an LFE Model No. SCL 77A nuclear gauge containing a nominal 1200 millicuries of krypton-85, and this transfer was not made to a person holding a specific license 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).

Pursuant to the provisions of 10 CFR 2.201, Mullinex Packages, Inc. is h?reby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region III, 801 Warrenville Road, '

Lisle, Illinois 60532-4351 within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when fLil compliance will be achieved. Your response may reference or include previous docketed correspondence, if tae correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, 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.

Because your response will be placed in the NRC Public Document Room the extent possible, it should not include any personal privacy, propr(PDR), ietary, to or safeguards information so that it can be placed in the PDR without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be placed in the PDR, and provide the legal basis to support your request for withholding the informatinn fram the public.

9901070013 PDR RC 951227 SSD pog Dated at Lisle, Illinois this 30t h day of November 1995 L

- _ _ _ _ _ _ _ _ _ _ _ _ _ _