ML20217H705

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Notice of Violation from Insp on 980218.Violation Noted:As of 980216,licensee Transferred (Lost) Antistatic Air Gun Containing Approx 10 Millicuries of polonium-210 & Transfer Not Made to Person Holding License Per 10CFR30 & 32
ML20217H705
Person / Time
Issue date: 03/31/1998
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20217H672 List:
References
REF-QA-99990003-980331 NUDOCS 9804060032
Download: ML20217H705 (1)


Text

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NOTICE OF VIOLATION Lexalite Intemational Corporation General License 10 CFR 31.5

- Charlevoix, Michigan Docket No. 999-90003

' As a result of the letter dated February 18,1998, and in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below.

10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses, or transfers byproduct material in a device pursuant to a general license shall, except as provided for in 10 CFR 31.5(c)(9), transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

Contrary to the above, as of February 16,1998, the licensee transferred (lost) an anti-static air gun containing approximately 10 millicuries of polonium-210, and this transfer was not made to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device.

This is a Severity Level IV violation (Supplement VI).

The NRC has concluded that information regarding the reason for the above violation, the corrective actions taken and planned to correct the violation and prevent recurrence, has been adequately addressed. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a " Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region Ill, within 30 days of the date of the letter transmitting this Notice of Violation.

if you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.

20551-0001.

Because your response, if you choose to provide one, will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be.

protested and a redacted copy of your response that deletes such information. If you request withholding of such material, you muni specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Lisle, Illinois this 31st day of March 1998 9804060032 980331 REQ 3 GA999 EMV*****

99990003 P_DR L

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