ML20203B458

Notice of Violation from Insp on 941018-19.Violation Noted: as of 941019,licensee Did Not Leak Test Kay-Ray 7063P, Density Gauges Containing 200 Millicuries of Cs-137 Between 880506-940630

ML20203B458
Person / Time
Issue date:	11/07/1994
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20203B339	List: ML20203B333 ML20203B458 ML20203B494
References
99990002-94-05, 99990002-94-5, SSD, NUDOCS 9902100308
Download: ML20203B458 (1)

Text

1 NOTICE OF VIOLATION Harman Mining Corporation Docket No. 999-90002 Harman, Virginia License No. General License (10 CFR 31.5)

During an NRC inspection conducted October 18 and.19, 1994, violations of NRC

. requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the' violations are listed below:

10 CFR 31.5(c') requires, in part, that any person who acquires, receives, possess, uses or transfers byproduct material in a' device pursuant to a general license shall assure.that the device is tested for leakage of radioactive material and proper operation of the on-off mechanism and i 'icator, if any, at no longer than six month intervals or at such othe: intervals as are specified by the manufacturer on the label.

The label specified that the leak test should be performed at intervals not to exceed three years.

Contrary to the above, as of October 19, 1994 the licensee did not leak test its Xay-Ray 7063P, density gauge containing 200 millicuries of cesium-137 between May 6, 1988 and June 30, 1994, an interval greater than the required three year interval specified by the manufacturer on its-label.

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

Pursuant to the provisions of 10 CFR 2.201, Harman Mining Corporation is hereby required to submit a written statement or explanation to the Regional Administrator, Region II, with a copy to the U.S. Nuclear Regulatory

' Commission, ATTN: Document Control Desk, Washington, D.C. 20555, 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 full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or demand for information may be sissued 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.

Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Dated at Atlanta, Georgia This 7th day of November 1994 9902100308 941107 Enclosure 1 PDR RC *.

SSD , fDR

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