ML20206T673
| ML20206T673 | |
| Person / Time | |
|---|---|
| Issue date: | 04/21/1994 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20206T669 | List: |
| References | |
| 99990001-94-05, 99990001-94-5, SSD, NUDOCS 9902120008 | |
| Download: ML20206T673 (2) | |
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- APPENDIX A NOTICE OF VIOLATION Eljer Plumbingware Docket No. 99990001 Ford City, PA 16226 General License During an NRC inspection conducted on April 19, 1994, violations of NRC requirements i
were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, the violations are listed below:
A.
10 CFR 31.5(c)(3) requires that any person who acquires, receives, possesses, uses or transfers byyoduct material in a device pursuant to a general license shall assure that tests for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, and other testing, installation, servicing, and removal from installation involving the radioactive material, its shielding or containment, are performed: (i) in accordance with the instructions provided by the labels; or (ii) by a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to perform such activities.
Contrary to the above on April 11,1994, the licensee did not ensure that services performed on a device possessed pursuant to a general license was performed in accordance with the instructions provided on the labels or by a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State 13 perform such activities. Specifically your Kay Ray Model 7063P gauge was removed by Eljer personnel, who were not trained, qualified or specifically licensed to perform such activities.
This is a Severity level IV Violation (Supplement VI)
B.
10 CFR 31.2(a) states, "The general licenses provided in this part are subject to the prov.isions of 30.14(d),30.3/(a) to (e),30.41, 30.50 to 30.63 and parts 19,20 and 21 of this chapter." 10 CFR 20.1801 requires the licensee to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas.
Contrary to the above, on April 19, 1994, the licensed material, the gauge, was being stored on a pallet in the licensee's maintenance shop. The gauge was not Jocked to the pallet or secured in any other manner that would prevent unauthorized removal.
This is a Severity level IV Violation (Supplement IV) 9902120000 940421 PDR RC SSD PDR OFFICIAL RECORD COPY - S:\\PENDING\\EIJER.NOV - 04/21/94 RETURN ORIG 214L 10
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Appendix A C.
10 CFR 31.2(a) states, "The general licenses provided in this part are subject to the provisions of 30.14(d),30.34(a) to (e), 30.41,30.50 to 30.63 and parts 19,20 and 21 of this chapter." 10 CFR 20.1902(e) requires licensee's to post each area or room in which there is stored an amount of licensed material exceeding 10 times the quantity of such material specified in appendix C to 6 20.1001-20.2401 with a conspicuous sign or signs bearing the radiation symbol and the words " CAUTION RADIOACTIVE MATERIAL (S)" or " DANGER RADIOACTIVE MATERIAL (S)."
Contrary to the above, on April 19, 1994, the licensee had not posted the area around the pallet on which the licensed material was being stored. The gauge contained 500 millicuries of cesium-137, an amount in excess of 10 times the quantity specified in appendix C to 6 20.1001-20.2401.
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This is a Severity level IV Violation (Supplement IV)
Pursuant to the provisions of 10 CFR 2.201, Eljer Plumbingware is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued 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. Where good cause is shown, consideration will be given to extending the response time.
OFFICIAL RECORD COPY - S:\\PENDING\\EIJER.NOV - 04/21/94
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