ML20203L056
| ML20203L056 | |
| Person / Time | |
|---|---|
| Site: | 15000005 |
| Issue date: | 03/02/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20203L044 | List: |
| References | |
| 15000005-97-15, EA-98-017, EA-98-17, NUDOCS 9803050318 | |
| Download: ML20203L056 (2) | |
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NOTICE OF VIOLATION The Rosel Company Docket No. 150-00005 Liberal, Kansas License No. Kansas 27-C057-01 EA 98-017 During an NRC review completed on January 8,1998, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1600, the violation is listed below:
10 CFR 30.3 requires, in relevant part, that no person shall possess or use byproduct material except as authorized by a specific or general license issued by the NRC.
10 CFR 150.20(a) provides, in part, that any person who holds a specific license from an 1 Agreement State is granted an NRC general license to conduct the same activity in non Agreement States subject to the provisions of 10 CFR 150.20(b).
10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non Agreement States shall, at least 3 days before engaging in each such activity, file four copies of NRC Form 241," Report of Proposed Activities in Non Agreement States,"
with the Regional Administrator of the appropriate NRC regional office.
Contrary to the above, on numerous occasions in 1990 and 1997, The Rosel Company, a licensee of the State of Kansas, utilizeo welllogging devices contain5g americium 241 and cesium 137 in the state of Oklahoma, a non Agreement State, without a specific license issued by the NRC and without filing Form 241 witn the NRC.
This is a Severity Level ill violation (Supplement VI).
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence and the date when full compliance will be achieved is already adequately addressed on the docket in a letter dated January 20,1998. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk Washington, D.C. 20555 with a copy to the Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter transmitting this Notice of Violation (Notice),
if you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission Washington, DC 20555-0001.
Because your response, if you provide one, will be placed 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. If parsonal privacy or propnetary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a 9803050318 980302 PDR STPRG ESOKS PDR ,
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2 redacted copy of your response that deletes such information. If you request withholding of such material, you myal specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provde the
, information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financialinformation). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21, Dated at Mington, Texas this 2nd day of March 1998 1