ML20203B333
| ML20203B333 | |
| Person / Time | |
|---|---|
| Issue date: | 11/07/1994 |
| From: | Stohr J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Cook H HARMAN MINING CORP. |
| Shared Package | |
| ML20203B339 | List: |
| References | |
| SSD, NUDOCS 9902100278 | |
| Download: ML20203B333 (3) | |
Text
. _ _ _ _ _ _
m _ ._
o November 7, 1994 g
~
EA 94-227-P ,
h
$arman~ Mining' Corporation.
1 ATTN: . Mr. Henry Contr-d .
, ' Fin ideht' "
P.-'Oh Box 60 '
Harman, Virginia 24618 LSUBJEdT: NOTICE OF VIOLATION
-(NRC INSPECTION REPORT NO.' 999-90002/94-05)
E -Gentlemen:-
v s.
b This refers to the: inspection conducted by Ms. A. Jones of this office on L October 18 and 19, 1994, and subsequent telephone conversations and records Ls
' reviews'through November 2,1994 1The~ inspection -included :a review 'of [
^
< activities authorized forcyour Harman, Virginia facility. At the' conclusion h ..~of the inspection, the findings were discussed with you.'
~
LThelinspection was an. examination of activities conducted under your license with respect'to radiation. safety and compliance with NRC regulations and the conditions of your license. It included. selective examinations-of procedures e ' t and' representative records,- interviews with personnel,. and direct observations j
" , by the. inspector.: 5 Ir . ..
p . Based-onJthe results of this inspection,: certain of your activities appear..to-p ', be ih violation of NRC requirements as specified in the enclosed Notice 'of-L
- Violation ;(Enclosure 1). <In addition,- an- apparent violation was identified K
u which is being considered for escalated-enforcement action in accordance with.
N s ithe " General StatementLof Policy a' nd Procedure for NRC Enforcement Actions, h .
1"10 CFR Part 2, ' Appendix C (Enclosure. 4). ..The~ apparent' violation being Lconsidered for- escalated enforcement involves the transfer of a nuclear -
density gauge toan' individual not ' licensed to possess such 'a device.
~Accordingly,ino Notice' of Violation is. presently being issued for the
+ . inspection finding being considered for< escalated enforcement. Please be "
- advised that the
- number' and characterization'of the' apparent' violations
? described:inithe enclosed inspection report (Enclosure 2) may change as a' iresult of further NRC review.
E>-
D JYou are.^ required 'to respond- to this' letter and should follow the instructions. :
specified in the' enclosed Notice when preparing your response. In your a ' responsevyou should'decument the specific actions taken and any additional Ea ctions you plan to prevent recurrence. After reviewing your response to-this .
- Notice,2 including your proposed corrective actions and the' results of future !
- inspections,; the NRC willsdetermine whether further NRC enforcement action is ;
~
- j. , :necessary to ensure compliance with NRC regulatory requirements.
b '
S0065W gt$
L f 1 9902100278 941107
% ,- ; l lFDR _ ,
HMC 2 An enforcement conference to discuss the apparent violation being considered for e'scalated enforcement and described in the enclosed inspection report has been scheduled for 10:30 a.m. on November 15, 1994, at the NRC Region II office in Atlanta, Georgia. A proposed conference agenda is provided in Enclosure 3. The purposes of this conference are to discuss the apparent violation, its causes and safety significance; to provide you the opportunity to point out any errors in our inspection report; and to provide an opportunity for you to present your proposed corrective actions. In addition, this is 'an opportunity for you to provide any information concerning your perspective on 1) the severity of the issues, 2) the factors that the NRC considers when it determines the amount of any civil penalty that may be assessed in accordance with Section VI.B of the Enforcement Policy, and 3) the possible basis for exercising discretion in accordance with Section VII of the Enforcement Policy. You will be advised by separate correspondence of the results of our deliberations on this matter. No response regarding the apparent violation being considered for escalated enforcement is required at this time.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure (s), and your response will be placed in the NRC
-Public Document Room (PDR). To the extent possible, your response 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.
The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub. L. No. 96.511.
Should you have any questions concerning this letter, please contact us.
Sincerely, Original Signed by J. Philip Stohr J. Philip Stohr, Director Division of Radiation Safety and Safeguards Docket No. 999-90002 License No. General License (10 CFR 31.5)
EA 94-227
Enclosures:
- 1. Notice of Violation
- 2. NRC Inspection Report
- 3. Enforcement Conference Agenda
- 4. Enforcement Policy cc w/encls: Commonwealth of Virginia Distribution w/encls: (See page 3) r 1
HMC 3 Distribution w/encis:
Document Control Desk RII Docket File, DRSS J. Lieberman, OE J. Glenn, NMSS C. Hosey, RII B. Uryc, RII Dr. John Volpe,
' Commonwealth of Kentucky SEND OFC RII:0RSS RII:0RSS Riff 9RM A / _
RII:EIGS b b @ RII:RC .
10 NAME AJones ( ML CHosey (, DMCt{fns CEvans f
POR7 DATE 11/ 4 94- 11/ h /9 11/ h /94 11 ' /94 11/ M /
h No COPY? No l No No No ,
Yes No
' Of flCI AL REi.vuw COPY DOCW G 1 NAME: G:\DRSS\NMIS\MARMAN.RPI