ML20199C938

Notice of Violation from Insp on 971008.Violations Noted: Licensee Did Not Maintain Control of Licensed Matl Resulting in Abandonment Through Disposal as Trash or W/Trash to Landfill

ML20199C938
Person / Time
Issue date:	11/06/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20199C911	List: ML20199C906 ML20199C938 ML20199C953
References
REF-QA-99990001-971106 99990001-97-20, EA-97-496, NUDOCS 9711200203
Download: ML20199C938 (2)

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NOTICE OF VIOLAT1QN A.L.P. Lighting & Ceiling Products, Inc. Docket No. 99990001-Pennsauken, New Jersey . General Licensee EA No.97-496 During an NRC inspection conducted on October 8,1997, violations of NRC.

requirements were identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG 1600, the violations are listed below:

A. 10 CFR 20.2201(a)(1)(ii) requires that the licensee contact the NRC by telephone within 30 days of the discovery of the loss of licensed material which e':ceeds 10 times the quantity specified in Appendix C of 10 CFR 20 (i.e.,0.1 microcurie).

Contrary to the above, the licensee discovered the loss of a nominal 10 millicurie sealed source of polonium-210 in an NRD, Inc. Model P 2501 hand-held static eliminator on August 4,1997, and contacted the NRC by a September 23,1997 letter, a means other than that required by 10 CFR 20.2201 and a period of time greater than 30 days.

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

B. 10 CFR 31.5(c)(6) requires that '"ensees not abandon devices containing licensed material.

Contrary to the above, between September 1996 and August 4,1997, the licensee did not maintain control of and abandoned an NRD, Inc. Model P-2501 device which contained a nominal 10 millicurie sealed source of polonium 210.

. Specifically, the licensee did not maintain control of licensed material resulting in its abandonment through disposal as trash or with trash to a landfill.

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

OFFICIAL RECORD COPY 9711200203 971106 REG 1 GA999 ENV*****

99990001 PDR -

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Notice of Violation Pursuant to the provisions of 10 CFR 2.201, A.L.P. Lighting and Ceiling Products, Inc.

is hereby 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 I, 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 contemd, the basis for disputing the violation, (2) the corrective steps that have been taken end the 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 tte time specified in this Notice, an order or a Demand for Information may be issued as to vvhy 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 placad in the NRC Public Document Room (PDR), 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. 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 information from the public.

OFFICIAL RECORD COPY