ML20205A292
| ML20205A292 | |
| Person / Time | |
|---|---|
| Issue date: | 08/07/1986 |
| From: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20205A271 | List: |
| References | |
| EA-86-120, NUDOCS 8608110342 | |
| Download: ML20205A292 (2) | |
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY James River Corporation General License 100 Island Avenue (10 CFR 31.5)
Parchment, MI 49004 EA 86-120 As a result of a special safety inspection conducted at the James River Corporation in Parchment, MI on May 27, 1986, one 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 (1986), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, ("Act"), 42 U.S.C.
2282, PL 96-295, and 10 CFR 2.205. The particular violation and associated civil penalty is set forth below:
10 CFR 31.5(c)(8) requires that a general licensee shall dispose of a device containing byproduct material only by transfer to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.
Contrary to the above, in about December 1984 a generally licensed device containing byproduct material was transferred in an unauthorized manner.
This is a Severity Level III violation (Supplement IV).
(Civil Penalty - 5500)
Pursuant to the provisions of 10 CFR 2.210, James River Corporation is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 799 Rooseveit Road, Glen tilyn, IL 60137 within 30 days of the date of this Notice a written statement of explanation, including for each alleged violation:
(1) admission or denial of the alleged violation; (2) the reasons for the violation if admitted; (3) the corrective steps that have been taken and the results achieved; (4) the corrective steps which will be taken to avoid further violations; and (5) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, the Director, Office of Inspection and Enforcement, may issue an order to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
8608110342 860007 IE GA999 EMVJRCC 99990003 PDR
g 7 *i986 Within the same time as provided for the response required above under 10 CFR 2.210, James River Corporation may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draft, or money order payable to the Treasurer of the United States in the cumulative amount of Five Hundred Dollars ($500) or may protest imposition of the civil penalty in whole or in part Oy a written answer addressed to the Director, Of fice of Inspection and Enforcement.
Should James River Corporation fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above.
Should James River Corporation elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:
(1) deny the violation listed in this Notice in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
James River Corporation's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing civil penalties.
Upon failure to pay any civil penalties due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION ChA$Y d*JamesG.Keppler Regional Administrator Dated at Glen Ellyn, Illinois this 7 w day of August 1986