ML20199G278

Notice of Violation from Insp on 971111.Violation Noted: Licensee Failed to Comply W/Reguirements of Mfg Label Which States That Initial Listed Svcs of Device Shall Only Be Performed by Persons Holding Specific License

ML20199G278
Person / Time
Issue date:	11/21/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20199G258	List: ML20199G252 ML20199G278
References
REF-QA-99900003 99900003, NUDOCS 9711250142
Download: ML20199G278 (1)

Text

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i-NOTICE OF VIOLATION  ;

i American National Can General License (10 CFR 31.5)  ;

Neenah, WI 54957 Docket 999-0003 t

As a result of your November 11,1997, telephone call and .he letter dated November 12,1997, and in accordance with the " General Statement of Policy and Procedure for NRC Enforcement  ;

Actions," (60 FR 34381, dated June 30,1995), the violation is listed below:  !

10 CFR 31.5(c)(1) requires, in part, that any person who acquires, receives, possesses, uses or transfers by product materialin a device pursuant to the generallicense in paragraph (a) of this ,

section shall assure that alllabels affixed to the device at the time of receipt and bearing a statement that removal of the labelis prohibited or maintained thereon and shall comply with all instructions and precautions provided by such labels.

Contrary to the above, on October 20 and October 30,1997, the licensee failed to comply with  !

the requirements of the manufacturer's label which states that initial installation and radiation survey, maintenance, repair, and relocation outside of the generallicensee's facility of thisdevice shall only be performed by persons holding a specific radioactive materials license to provide these services.

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

Pursuant ;o the provisions of 10 CFR 2.201, American National Can is hereby rrquired to submit i

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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 ill, "

801 Warrenville Road, Lisle, Illinois 60532-4352 within 30 days of the date of Me 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 corr ective 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 full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required resp 9nse. If an adequate reply is not received within the time specified in this Notice, an Oruer 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 mav 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 (PDR), to the extent possible, it should not include any personal pnvacy, 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 det,lre not to be placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

Dated at Lisle, Illinois this 21st day of November 1997 9711250142 971121  !

pgR- GA999 EMVe**ee s r 99900003 PDR 1 t .