ML20206S796

Refers to 931208 Correspondense in Response to Re Unauthorized Transfer of Byproduct Matl Possessed Per General License in 10CFR31.5

ML20206S796
Person / Time
Issue date:	03/03/1994
From:	Hehl C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Doyle J EXXON CORP.
References
SSD, NUDOCS 9902110111
Download: ML20206S796 (3)

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i DockeLNo. 9999000 General License Ex, n Chemical CompaynJ ATTN: Mr. Jamerrh-Doyle, Jr.

Counsel P.O. Box 3272 Houston, Texas 77253-3272 i

SUBJECT:

Special Investigation No. 1-91-008 l

This letter refers to your December 8,1993 correspondence, in response to our November 12,1993 letter. The violation discussed in our letter concerned the unauthorized transfer of bvproduct material possessed pursuant to the general license in 10 CFR 31.5.

We agree that Exxon Chemical company acted in good faith in responding to previous NRC requests to retrieve and dispose of the gauges properly. A violation of 31.5(c)(8) did nonetheless occur, and therefore, was cited. However, the NRC did not consider the violation " willful," nor did we imply such in our November 12 letter.

We have reviewed the information you provided regarding the violation. In your letter you requested that we withdraw the violation based on the belief of Exxon Chemical Company representatives that the individuals who were receiving the licensed material could do so; that NRC did not respond until approximately three years after the sale of the gauges occurred; that a violation was not issued until approximately two years after that; and that the issue was of minor safety significance. After review of your response, we have determined that it i

does not provide a basis to warrant withdrawal of the violation. It is the responsibility of the individual possessing material under a general license, in this case Exxon Chemical Company, to abide by th'e conditions of the general license. In transferring the material, Exxon Chemical Company did not abide by those conditions. While a long time period did occur between each NRC action, it is not germane to consideration of whether or not a Notice of Violation is issued for the failure of Exxon Chemical Company to follow regulatory requirements. Your request to withdraw the violation is denied. With respect to your request that the violation be classified at Severity Level V, the NRC maintains that the

' Severity Level IV classification is more appropriate since the material was transferred to an individual who did not possess a specific license to receive it.

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Exxon Chemical Company 2

Concerning your request for a hearing, the Atomic Energy Act does not provide a right to a hearing in this matter. The Commission's regulations do not provide a formal hearing, even i

for licensees, for violations not associated with a civil penalty or order. In these cases, consideration of written correspondence is adequate to resolve differences. The circumstances of this matter are not such that you would be entitled to a hearing as a matter of due process. We have also carefully considered your request under our discretionary authority, and based on your submittals and our evaluation of them, we have concluded that a hearing is not necessary to appropriately consider the issues in this matter nor is it warranted in the public interest. Thus, the request is denied.

Attachment X to your December 8,1993 letter " Procedure for Transfer or Disposal of Nuclear Gauging Equipment" apparently was developed to preclude a similar situation occurring in the future. We have reviewed it and have concluded that it is an adequate preventive and corrective action. Thank you for providing it to us.

No reply to this letter is required. Your cooperation with us is appreciated.

Sincerely, J

Charles W. Hehl, Director Division of Radiation Safety and Safeguards L

cc:

Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

Commonwealth of Pennsylvania OFFICIAL RECORD COPY

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Exxon Chemical Company 3

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REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS) l ACCESSION NBR:9403150361 DOC.DATE: 94/03/03 NOTARIZED: NO DOCKET #

FACIL:

AUTH.NAME AUTHOR AFFILIATION HEHL,C.W.

Region 1 (Post 820201)

RECIP.NAME RECIPIENT AFFILIATION i

DOYLE,J.J.

Exxon Corp.

SUBJECT:

Ack receipt of 931208 ltr re violation concerning F.

unauthorized transfer of byproduct matl possessed per general license in 10CFR31.5.

I DISTRIBUTION CODE: IE07D COPIES RECEIVED:LTR ENCL h SIZE:

D TITLE: Environ & Radiological (30,40,70 DKT)-Insp Rept/ Notice of Viol Respon 5

NOTES:

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RECIPIENT COPIES RECIPIENT COPIES ID DE/NAME LTTR ENCL ID CODE /NAME LTT M

0 INTERNAL: AEOD/DSP/NAS 1

NMSS/FCOB 1

R NMSS/IMAB 6H3 1

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Q MSS /3t R 5S D, NMSS/IMTB 6H3 1

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NOTE TO ALL

• RIDS

• RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK.

ROOM PI-37 (EXT. 504-2065) TO ELIMINATE YOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!

b TOTAL NUMBER OF COPIES REQUIRED: LTTR 12 ENCL

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