ML20207D981

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Notifies That Continued Possession of Licensed Matl Under Expired License SNM-188 W/O Filing Application for Renewal, Constitutes Violation of 10CFR70.3.Since Possession of Matl Will Continue,Application for New License Necessary
ML20207D981
Person / Time
Site: 07000168
Issue date: 07/10/1986
From: Kinneman J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Herzog L
NUCLIDE CORP.
References
NUDOCS 8607220234
Download: ML20207D981 (3)


Text

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o JUL 101986 Docket No. 070-00168 License No. SNM-188 Inquiry No. 86-01 Expiration Date: September 30, 1984 Nuclide Corporation Nuclide Analysis Associates ATTN: Dr. Leonard Herzog President 642 East College Avenue State College, Pennsylvania 16801 Gentlemen:

Subject:

NOTICE OF VIOLATION This refers to the telephone discussion between Ms. Marlene J. Taylor of this office and Mr. Douglas' Smith of your staff on June 25, 1986. The subject of the discussion was the fact that NRC records show that the license identified above has expired and no renewal application has been filed in accordance with Section 70.33 of Title 10, Code of Federal Regulations, Part 70. ,

From this discussion we learned that you still possess material which required a specific NRC license. Your possession of that material without a valid, specific license is a violation of Section 70.3 of 10 CFR Part 70. Section 70.3 states:

"No person subject to the regulations in this part shall receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material, except as authorized in a license issued by the Commission pursuant to these regulations.

.This Notice of Violation is sent to you under the provisions of Section 2.201 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations. Section 2.201 requires you to submit to this office a written statement or explanation in reply including: (1) corrective steps which have been taken by you, and (2) corrective steps which will be taken to avoid this happening in the future.

Since you plan to continue possession of radioactive material, your corrective steps must include prompt filing of an application for a new license. Since your present license has expired, your application will be processed as a request for a new license. Accordingly, you must determine if your program is subject to a license fee as required by Section 170.31 of 10 CFR Part 170 and, if one is required, submit the appropriate fee along with the application.

Copies of appropriate application forms and guides are enclosed for your use.

8607220234 860710 REG 1 LIC30 SNM-0188 PDR OFFICIAL RECORD COPY ML 629 TAYLOR - 0001.0.0 0 07/07/86 s REIUm1 CRIc1NAL TD w

JUL 101986 Nuclide Corporation 2 Also, you must immediately place the radioactive material on hand in secure storage until such time as you acquire a valid license. No other use of the material on hand or purchase of additional material is authorized. Include a statement in your reply to this Notice of Violation confirming that you have taken this action and describing the controls that will be exercised over the stored material until such time that you obtain a valid license.

You are required to reply to this Notice within 30 days of the date above.

3 Address your reply to Region I, U. S. Nuclear Regulatory Commission, Attention:

Chief, Nuclear Materials Section A, 631 Park Avenue, King of Prussia, Pennsyl-vania 19406.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and your reply will be placed in the Public Document Room.

The responses directed by this Notice are not subject to the clearance proce-dures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

We request that you give prompt attention to these matters. Should you have any questions regarding them, we would be pleased to discuss them with you.

Sincerely, Origina1 Signed B71 John D. Kinneman John D. Kinneman, Chief Nuclear Materials Safety Section A Division of Radiation Safety and Safeguards

Enclosure:

1. NRC Form 313
2. 10 CFR Part 170 cc:

Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

Commonwealth of Pennsylvania Mr. Douglas Smith Manager of Instrument Qualification Nuclide Corporation 642 East College Avenue State College, Pennsylvania 16801 i

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Region I Docket Room (w/ concurrences)

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0FFICIAL RECORD COPY ML 629 TAYLOR - 0002.0.1 07/07/86