ML20205F726

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Forwards Notice of Violation from Insp 15000035/88-01 on 880628 Re License Ne 99-41-01
ML20205F726
Person / Time
Issue date: 10/24/1988
From: Fisher W
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Spencer A
SIERRA TESTING, INC.
References
NUDOCS 8810280124
Download: ML20205F726 (1)


See also: IR 015000035/1988001

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OCT 2 41988

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In Reply Refer To:

Docket No:

15000035/88-01

License No:

NE 99-41-01

Sierra Testing, Inc.

ATTN: Anthony Spencer, President

P.O. Box 9858

Tulsa, Oklahoma 74157

Gentlemen:

In reference to your letter dated October 12, 1988, we apologize for our

error in not enclosing a copy of the Notice of Violation and the inconvenience

this may have caused you.

Enclosed is the Notice of Violation.

Orignal Signed Dz

William L. Fisher, Chief

Nuclear Materials Safety Branch

Enclosure:

Notice of Violation

cc:

Oklahoma Radiation Control Program Director

Nebraska Radiation Control Program Director

bcc:

2MB - IE-07

R. D. Martin

R. L. Bangart

R. E. Hall

W. L. Fisher

D. A. Powers

A. D. Gaines

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A_PPENDIX

NOTICE OF VIOLATION

Sierra Testing, Inc.

Docket:

15000035/88-01

Tulsa, Oklahoma

License: NE 99-41-01

During an NRC inspection conducted on June 28, 1988, 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

(1988), the violation is listed below:

10 CFR 30.3 states that except for persons exempt as provided in this part and

Part 150 of this chapter, no person shall manufacture, produce, transfer,

receive, acquire, own, possess, or use byproduct material except as authorized

in a specific or general license issued pursuant to the regulations.

10 CFR 150.20(a) states that any person holding a specific license from an

agreement state where the licensee maintains an office for directing the

licensed activity, and at which radiation safety records are normally maintained,

is granted a general license to conduct the same activity in nonagreement

states.

Contrary to the above, the NRC inspector found, on June 28, 1988, by interviewing

the licensee, that the licensee did not maintain an office in the agreement

state where the licensee held a specific license; that the licensee had

conducted radiographic activities during 1988 in Oklahoma, a nonagreement

state; and, therefore, that the licensee was not granted a general license

under 10 CFR 150.20(a).

Consequently, the licensee's activities in Oklahoma

were unauthorized.

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This is a Severity Level IV violation.

(Supplement V.'.)

No response to this Notice of Violation is required.

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Dated at Arlington, Texas,

this

7th

day of

October

1988.

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