ML20235F296
| ML20235F296 | |
| Person / Time | |
|---|---|
| Issue date: | 02/14/1989 |
| From: | Pate R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML20235F267 | List: |
| References | |
| REF-QA-99990005-890214 99990005-88-06, 99990005-88-6, NUDOCS 8902220495 | |
| Download: ML20235F296 (2) | |
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APPENDIX A NOTICE'0F' VIOLATION e ITO-EN (USA) Inc. ~ Docket No. 9999-0005.
125 Puuhale. Road <
5 Honolulu, Hawaii 96819 - r -
During an NRC i' nspection conducted on December 5/1988'to January ~13, 1989,<
l certain violations of NRC requirements were _ identified.; In accordance with '
the~" General Statement of Policy'and Pro'cedures for NRC Enforcem6nt Actions,"
' 10 CFR Part 2, Appendix C.(1988), the violations are listed below: ,
10 CFR 31.5(c)(6) states that'any person who acquires, receives,
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A.
possesses, uses or tra.nsfers byproduct., material.in a' device pursuant to the general license in paragraph (a)' of this'section shall^ not abandon the device containing byproduct material.
Contrary to the above' requirement, the licensee abandoned the Filtec Model FT-12 gauge containing 100 millicuries .of americium-241, in a i sealed source, when the device was accidentally disposed as scrap i material and transported to a local scrapyard on approximately April 18, 1988. The gauge'containing the source has.not been recovered by the licensee.
This is a Severity Level IV Violation (Supplement VI).
B. 10 CFR 31.5(c)(10) provides, part, that any person possessing byproduct material in a gauge under a general license shall comply with the provisions of 10 CFR 20.402 for reporting the loss of licensed material.
- 1. 10 CFR 20.402(a)(1) states, in part, that each licensee shall report to the Commission, by telephone, immediately after it determines that a loss'of licensed material has occurred in such quantities and under such circumstances that a substantial hazard may result to persons in an unrestricted area.
Contrary to the above requirement, ITO<N (USA) Inc. ' failed to ;
report by telephone to the NRC their loss of the Filtec gauge '
containing 100 millicuries of americium-241 in a sealed source (S/N
'4167) after the licensee determined the source was lost on August 8, 1988.
- 2. 10 CFR 20.402(b) requires that, within 30 days after learning of the loss of licensed material, licensees submit a report in writing of the lost material to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, D.C., with a copy to the appropriate NRC Regional Office.
Contrary to the above requirement, ITO-EN (USA) Inc. failed to submit a written report to the NRC until December 21, 1988 of the loss by the licensee of the Filtec gauge containing 100 millicuries of americium-241 in a sealed source. The licensee first learned of the disappearance of the gauge and source on August 8, 1988.
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8902220495 890214 i REG 5 OA999 EEC***** ,
99990005 PDC ,
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The above items constitute a Severity Level IV Violation (Supplement IV).
Pursuant to the provisions of 10 CFR 2.201, ITO-Eh (USA) Inc. is hereby '
required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region V, within 30 days of the date of the letter transmitting this Notice. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation if admitted, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. If an adaquate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown.
FOR THE NUCLEAR REGULATORY COMMISSION A
obe't . Pate ' Chief -
Nuclear Materials Safety and Safeguards Branch Dated at f}alnut Creek, California this/@ day of %(gQ'[fl989 s
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