ML20211C909

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EN-97-085:on 970910,notice of Proposed Exercise Enforcement Discretion Issued to Licensee.Removed Exit Signs from Site by Several Teenagers During Demolition.State of Nj Will Be Informed
ML20211C909
Person / Time
Issue date: 09/03/1997
From: Delmedico J, Satorius M
NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-287, EN-97-085, EN-97-85, NUDOCS 9709260355
Download: ML20211C909 (1)


Text

P September 3. 1997 EN 97-085 0FFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee:

Carco Construction Company (EA 97-287)

Randolph, New Jersey Docket No. 99990001 Sub.iect :

Exercise of Enforcement Discretion This is to inform the Commission that the staff intends to exercise enforcement discretion per Section VII.B.6 of the Enforcement Policy and not issue a Notice of Violation to Carco Construction Company of Randolph. New Jersey (Carco) for a failure to properly transfer or dispose of " EXIT" signs containing tritium when a building owned by Carco was being demolished.

The

" EXIT" signs subsequently were removed from the site by several teenagers during the demolition.

This resulted in contamination of the individuals and a private residence.

Carco was unaware that the " EXIT' signs contained NRC generally-licensed material because Carco had not been properly informed by the seller when Carco purchased the building in February 1997.

The company that sold the building to Carco also had not been properly informed when it purchased the building back in 1987.

Under these circumstances, it is appropriate to exercise enforcement discretion and not issue a Notice of Violation to Carco.

The staff is issuing a Notice of Violation (EA 97-285) to Abex Corporation, the company that originally owned / installed the tritium " EXIT" signs at the building.

However, because of the age of the improper transfer committed by the original owner, a civil penalty is not being assessed against the original owner.

It-should be noted that Carco has not been specifically informed of this decision. The schedule of issuance is:

Mailing of Letter:

September 10. 1997 The State of New Jersey will be informed.

Contacts:

J. DelMedico, OE. 415-2739 M. Satorius. OE. 415-2747 Distribution OWFN OWFN TNFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Dicus DEDE AE00 RII WCF0 Comm. Diaz OE OP CTR RIII Comm. McGaffigan OGC NMSS SECY NRR IRM MA,ll OCA 01 OIG NUDOCS PA SP RES PUBLIC IP ACRS

-PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT l.ICENSEE HAS RECEIVED ACTION

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EN-97-083 PDR