ML20203D767

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Notice of Violation from Insp on 940318-1130.Violation Noted:Licensee Transferred Device Containing Byproduct Matl to Person Who Did Not Possess Specific License to Receive Device
ML20203D767
Person / Time
Issue date: 01/09/1995
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20203D757 List:
References
99990002-94-02, 99990002-94-2, SSD, NUDOCS 9902160347
Download: ML20203D767 (1)


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g NOTICE OF VIOLATION Cumberland Village Mining Group Docket No. 999-90002 Nashville, Tennessee License No. General License (10 CFR 31.5)

EA 94-246-During an NRC inspection conducted between March 18 and November 30, 1994, a violation of NRC requirements was identified. In accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C, the violation is listed below:

10 CFR 31.5(a), in part, issues a general license to commercial and industrial firms to acquire, receive, possess, use or transfer, in accordance with the provisions of paragraph (c) of this section, byproduct material contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling level.

10 CFR 31.5(c) requires, in part, any person who acquires, receives,-

possesses, uses or transfers byproduct material in a device pursuant to the general license in paragraph (a) of this section shall transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license to receive the device pursuant to parts 30 and 32 of this chapter or from an Agreement State.

Contrary to the above, the licensee transferred a device containing byproduct material to a person who did not possess a specific license to receive the device. Specifically, as a result of the sale 'of the licensee's Matewan, West Virginia coal preparation plant, a device containing 100 millicuries of cesium-137 was transferred from the licensee to Rawl Sales and Processing Company, a mining company, which did not hold a specific license to receive the device. ,

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

Dated at Atlanta, Georgia This 9th day of January 1995 9902160347 950109 ss PDR e

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