ML20211C913

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EN-97-084:on 970910,notice of Proposed Exercise Enforcement Discretion Issued to Licensee. Exit Signs Subsequently Removed from Site by Several Teenagers,When Purchaser Undertook Demolition of Bldg.State of Nj Will Be Informed
ML20211C913
Person / Time
Issue date: 09/03/1997
From: Delmedico J, Satorius M
NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-97-286, EN-97-084, EN-97-84, NUDOCS 9709260358
Download: ML20211C913 (1)


Text

September 3, 1997 EN 97-084 0FFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION dicentee:

Selrite Milworks Corporation (EA 97-286)

Union, New Jersey Docket No. 99990001 Subiect:

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 Selrite Milworks Corporation of Union, New Jersey (Selrite), for a failure to follow NRC requirements when transferring material pursuant to the general license in 10 CFR 31.5.

Selrite sold a building containing generally-licensed tritium " EXIT" signs, but failed to provide the purchaser with a copy of the applicable NRC regulations and failed to notify the NRC of the transfer. The " EXIT" signs subsequently were removed from the site by several teenagers when the purchaser undertook demolition of the building.

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

Selrite was unaware that the " EXIT

  • signs contained licensed material because Selrite also had not been properly informed when Selrite purchased the building back in 1987. Under these circumstances. it is appropriate to exercise enforcement discretion and not issu: a Notice of Violation to Selrite. 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 Selrite 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. De1 Medico. OE, 415-2739 M. Satorius. OE. 415-2747 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV

-Comm. Dicus DEDE AEOD RII WCF0 Comm. Diaz OE OP CTR RIII Comm. McGuffigan OGC NMSS SECY NRR IRM MJIL OCA 01 OIG NUDOCS PA SP RES PUBLIC IP ACRS PRELIMINARY INFORMATION NOT FOR PUBLIC DISCLOSURE UNTIL t

VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 97 92 58 970903 EN-97-OG4 PDR,