ML20205N393

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Notice of Violation from Insp on 870210.Violation Noted: Shipping Package Containing Radioactive Matl Not Closed W/Positive (Drum Locking Ring) Fastening Device Supplied W/Package
ML20205N393
Person / Time
Issue date: 03/17/1987
From: Stohr J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20205N370 List:
References
NUDOCS 8704030016
Download: ML20205N393 (2)


Text

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ENCLOSURE NOTICE OF VIOLATION PTL Inspectorate, Inc. Agreement State License Columbia, SC (10 CFR 150.20)

During the Nuclear Regulatory Commission (NRC) inspection conducted on February 10, 1987, violations of NRC requirements were identified. The violations involved possession and use of byproduct material in an area under Federal jurisdiction without filing a Form NRC-241 or copies of a license to the Administrator of Region II during 1986, the use of an improper shipping container during transport, and not securing the shipping container to prevent shifting during transport. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986),

the violations are listed below:

A. 10 CFR 150.20(b)(1) requires any Agreement State licensee engaging in activities under Federal jurisdiction to file, at least three days before engaging in such activity, four copies of Form NRC-241 (revised), " Report -

of Proposed Activities in Non-Agreement States" and four copies of its Agreement State specific license with the Administrator of the NRC Regional Office for the region in which the Agreement State that issues the license is located.

Contrary to the above, between August 1986 and December 1986, the licensee possessed and used licensed material under an NRC general license in Fort Jackson, South Carolina, a location under Federal jurisdiction, without having submitted copies of Form NRC-241 or copies of its South Carolina license to the Administrator of NRC Region II.

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

B. 10 CFR 150.20(b) requires in part that a general licensee, as described in 10 CFR 150.20(a), comply with the provisions of 10 CFR 71.

10 CFR 71.43(c) requires that each package include a containment system securely closed by a positive fastening device which cannot be opened unintentionally.

Contrary to the above, on February 10, 1987, the shipping package containing radioactive material was not closed with the positive (drum locking ring) fastening device supplied with the package.

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

870403o016 870317 REG 2 LIC30 PDR

MAR 171987 Notice of Violation 2 C. 10 CFR 150.20(b) requires a general licensee, as described in 10 CFR 150.20(a), to comply with the provisions of 10 CFR 71.

10 CFR 71.5(a) requires a licensee who transports any licensed material outside the confines of his plant or other place of use, or delivers any licensed material for transport, except where such transport is subject to the regulations of the U.S. Postal Service, to comply with the applicable requirements of the Department of Transportation regulations presented in 49 CFR Parts 170 through 189 insofar as such regulations relate to the packaging of byproduct, source, or special nuclear material, marking and labeling of the packages, loading and storage of packages, placarding of the transportation vehicle, monitoring requirements, and accident reporting.

49 CFR 173.448 requires each shipment of radioactive material to be secured in order to prevent shifting during normal transportation conditions.

Contrary to the above, on February 10, 1987, the shipping container containing the radioactive material was not secured to prevent shifting during normal transportation.

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

Pursuant to the provisions of 10 CFR 2.201, PTL Inspectorate, Inc., is hereby required to submit to this Office within 30 days of the date of the letter transmitting this Notice a written statement or explanation in reply including for each violation: (1) admission or denial of the violation, (2) the reason for the violation if admitted, (3) the corrective steps which have been taken and the results achieved, (4) the corrective s'.eps which will be taken to avoid further violations, and (5) the date when full compliance will be achieved.

Where good cause is shown, consideration will be given to extending the response time.

FOR THE NUCLEAR REGULATORY COMMISSION Y k*

J. Philip Stohr, Director Division of Radiation Safety and Safeguards Dated at Atlanta, Georgia this) /f(day of March 1987

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