ML20216J135
| ML20216J135 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/1997 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Guibord B MANIOR-ELECTRO ALLOYS, INC., A/K/A ELECTRO-ALLOYS |
| Shared Package | |
| ML20216J139 | List: |
| References | |
| REF-QA-99990001-970910 99990001-97-07, 99990001-97-7, EA-97-285, NUDOCS 9709170169 | |
| Download: ML20216J135 (4) | |
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UNiitD STATES et
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NUCLEAR REQULATORY COMMIS810N j
E REGloN i 4
476 ALLENDAlt ROAD I
KING of PRUSSIA, PENNSYLVANIA 1H06-1415 September 10,1997 EA 97 285 Ms. Barbara B. Guibord, Esquire Pneumo Abex (Abex Corporation) clo Zernik, Horton, Gulbord, and McGovern 77 West Wacker Drive, 33rd Floor Chicago, Illinois 60601
SUBJECT:
NOTICE OF VIOLATION (NRC Inspection Report No. 99990001/97 07)
Dear Ms. Guibord:
This refers to the NRC inspection conducted from May 12 through 23,1997 to review the circumstances associated with an event which occurred in Union, New Jersey in May 1997.
The event involved the removal of generally licensed " EXIT" signs containing curie quantitles of tritium (a radioactive material regulated by the NRC) from property located at 1200 Commerce Avenue, in Union, New Jersey. You owned and occupied this property until you sold it to Seirite Milworks Corporation (Seiritelin 1987. The three " EXIT" signs were removed from the site by a teenager and friends during demolition of the building on the property, and were taken home by the teenager.
One of the signs was broken which resulted in contamination of the teenager and his friends, as well as the home of the teenager.
As described in the NRC inspection report sent to you on June 18,1997, an apparent violation of NRC requirements was identified during the inspection. The apparent violation involved
'< cur f ailure, when you sold the building to Seltite in 1987, to provide Selrite a copy of the NRC regulations applicable to the possession of these " EXIT" signs, as well as your failure to inform the NRC of the transfer. Subsequently, when Seirite sold the facility to Carco Construction Company (Carco) in February 1997, Seirite, apparently unaware that the signs contained NRC generally licensed material, did not provide Carco a copy of the NRC regulations applicable to the possession of these " EXIT" signs, and did not inform the NRC of f
the transfer. Afterwards, Carco, also apparently unaware that the signs contained NRC
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generally licensed material, did not remove the devices for proper disposal when the M:llding at the site was being dernolished.
On July 10,1997, a Predecisional Enforcement Conference was conducted with you, as well as staff from Selrite and Carco, to discuss the violation, its causes, and corrective actions.
Based on the information developed during the inspection, and the information provided during the conference, the NRC has determined that you violated NRC regulations. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding the violation are described in detallin the subject inspection report. The violation involves your transfer of these devices to Selrite in 1987 without providing Selrite a copy of 10 CFR Part 31, and without informing the NRC of the manufacturer's name and model number of the device transferred, the name and address of the transferee, and the name and/or position of the 9709170169 970910 REQ 1 GA999 ENVABEX 99990001 PDR l
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Abox Corporation 2
individual who might constitute a point of contact between the NRC and the transferee. This violation represents a significant NRC concern because it ultimately contributed to the f allure to appropriately dispose of the signs, and the resultant contamination of members of the public. Specifically, in May 1997, a teenager took the signs from that location to his home, and removed tubes from the signs, including the damaged one, while he was eating. This resulted in contamination of his home and an uptake of tritium by the teenager and other members of the public. Therefore, the violation is classified at Severity Levellilin accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG 1600.
During the enforcement conference, you committed to take responsibility for disposal of the signs, and also committed to perform an extensive review of documentation to determine if any other properties owned by Abox, either formerly or presently, might contain the same type of signs. Nevertheless, the f ailure to properly transfer generally licensed material according to the regulations in 10 CFR Part 31 normally would result in a civil penalty. However, in view of the f act that this violation occurred in 1987, which exceeds the statute of limitations period of five years for assessing civil penalties (28 USC 2482), a civil penalty is not being assessed, in your response dated July 29,1997, you specifically describe the results of your efforts to determine what occurred when you sold the Union, New Jersey property and whether any other Abex properties, both in the past, or current, might possess this type of " EXIT" sign.
Based on the information contained in that response, you are not required to respond to this letter as per the provisions of 10 CFR 2.201 unless the description in your July 29,1997 response does not accurately reflect your corrective actions or your position, in that case, or if you choose to provide additionalInformation, you should follow the instructions specified in the enclosed Notice, in accordance with 10 CFR 2.700 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your letter of July 29,1997, will be placed in the NRC Public Document Room (PDR). Your cooperation with us is appreciated.
Sincerely, Hubert J. Mil er N
Regional Administrator Docket No. 99990001 General License L
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Aben Corporation 3
Enclosurest 1.
-2.
Letter to Seirite Milworks Corporation 3.
Letter to Cerco Corporation cc w/encle:
State of New Jersey State of Illinois 4
Abox Corporation DISTRIBUTION:
PUBLIC SECY CA LCollan, EDO EJordan, DEDE JLieberrnan, OE HMiller, Al FDavis, OGC CPaperiello, NMSS DCool, NMSS Enforcement Coordinators Rl,Ril,Alli,RIV BBeecher, GPA/PA GCaputo, 01 DBangart, OSP HBell, 010 TMartin, AEOD DScrencl, PAO Rl NSheehan, PAO Ri OE:Chron OE:EA DCS LAS:DNMS (RI)
Nuclear Safety information Center (NSIC)
NUDOCS
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