ML20235Z762
| ML20235Z762 | |
| Person / Time | |
|---|---|
| Issue date: | 01/23/1989 |
| From: | Fisher W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Peabody D X-RAY EQUIPMENT CO. |
| Shared Package | |
| ML20235Z758 | List: |
| References | |
| NUDOCS 8903160219 | |
| Download: ML20235Z762 (2) | |
Text
d JAN 2 31989 X-Ray Equipment Company l
ATTN:
Danny M. Peabody l
Vice President l
2601 Ludelle Street l
Fort Worth, Texas 76105
{
Gentlemen:
1 This acknowledges receipt of NRC Form-241 dated January 9, 1989, which you
)
submitted to report proposed activities in nonagreement states under the authority of the general license pursuant to 10 CFR 150.20.
Based upon our review of your submittal it appears that you have violated the notification requirements of 10 CFR 150.20.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the violation is listed below:
10 CFR 150.20 requires, in part, that any person holding a specific license from an agreement state is hereby granted a general license to conduct the same activity in a nonagreement state, and any person engaging in activities in a nonagreement state shall at least 3 days before engaging in such activity file four copies of Form NRC-241 (revised) " Report of Proposed Activities in Nonagreement States," and four copies of its agreement state specific license with the Regional Administrator of the U.S. Nuclear Regulatory Commission regional office for the region in which the agreement state that issued the license is located.
In cases where 3 days prior notice is impossible, the Regional Administrator may authorize such activities by telephone provided the above referenced documents are submitted within 3 days of the telephone notification.
Contrary to the above:
1.
On January 9, 1989, X-Ray Equipment Company submitted four copies of Form NRC-241, notifying NRC of proposed activities to be conducted January 13-14, 1989, in Oklahoma City, Oklahoma, under reciprocity of the state of Texas License TX5-1485 without submitting the required copies of the Texas license.
Copies of Texas License TX5-1485 from previous Form NRC-241 submittals on file with the NRC show that the license expired on March 31, 1988.
The January 9, 1989, submittal states a license expiration date of March 1989, but NRC does not have a copy of a currently valid state license.
This is a Severity Level IV violation.
(Supplement VI) 2.
Region IV received telephone notification from X-Ray Equipment Company on November 23, 1988, of work to be performed in Evansville, Indiana, and NRC gave authorization to conduct such activities; however, the licensee did d
I J
RIV:NMIS h C:NMIS C:NMSB hW DBSpitzberg:ch DAPowers e WLFisher I /a /89 1/eb/89 l /23/89 8903160219 890306 REG 4 SUBJ PDC
l A:
l
,.s i
X-Ray Equipment Company l i
l'
{
not provide the followup submittals.
The.NRC has issued prior notice to X-Ray Equipment Company of the deficiencies in its previous reports of proposed activities in nonagreement states by letters dated March 11 and June 5, 1987.
This is a Severity Level IV violation.
(Supplement VI)
Pursuant to the provisions of 10 CFR 2.201, X-Ray Equipment Company is hereby required to submit to this office, within 30 days of the date of the letter transmitting this Notice,.a written statement or explanation in reply, including for each violation:
(1) the reason for the violation if admitted,
.(2) the corrective steps which.have been taken and the results achieved, (3) the corrective steps which will be taken to avoid further violations, and (4) the date when full compliance will be achieved.
Where good cause is shown, consideration will be given to extending the response time.
The response directed by this letter and accompanying Notice is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.
Should you have any questions concerning this letter, we will be pleased to discuss them with you.
Sincerely, Original Signed Sy:
William L. Fisher William L. Fisher, Chief Nuclear Materials Safety Branch cc:
Texas Radiation Control Program Director Oklahoma Radiation Control Program Director bec w/ copy of NRC Form-241:
241 File Region III bec:
R. Martin R. Bangart W. Fisher D. Powers B. Spitzberg I
hMSB f
I
______________________________________________________________________________