ML20206T326

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Notice of Violation as Result of .Violation Noted: Licensee Transferred & Disposed of Nuclear Ionizer Gun Containing Nominal 10 Mci Po-210,to Person Not Holding Specific License
ML20206T326
Person / Time
Issue date: 07/07/1994
From: Caniano N
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20206T308 List:
References
SSD, NUDOCS 9902110322
Download: ML20206T326 (1)


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NOTICE OF VIOLATION Pro Form, Inc.

General License (10 CFR 31.5)

Evansville, Indiana Docket No. 99990003 As a result of the letter dated March 25, 1993, and in accordance with the

" General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C, the violation is listed below:

10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shall, except as provided in 10 CFR 31.5(c)(9), transfer or dispose of the 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, on or about January,1993, the licensee transferred and disposed of a nuclear ionizer gun containing a nominal 10 millicuries of polonium-210, and this transfer was not made to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device, and the exceptions in 10 CFR 31.5(c)(9) did not apply.

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

Since Pro Form, Inc. no longer possesses licensed material and has no plans for future possession of licensed material, no reply to the violation is required.

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