ML20236W452
| ML20236W452 | |
| Person / Time | |
|---|---|
| Issue date: | 05/28/1998 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20236W450 | List: |
| References | |
| NUDOCS 9808050286 | |
| Download: ML20236W452 (5) | |
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0 p4 UNITED STATES 3
,N. j NUCLEAR REGULATORY COMMISSION Nff WASHINGTON, D.C. 2055fKio01
'4 May 28, 1998 MEMORANDUM TO: Richard L. Bangart, Director Office of State Programs FROM:
James Lieberman, Director Office of Enforcement f.A
SUBJECT:
AGREEMENT STATE LICENSES r
We recently reviewed a case where reciprocity requirements were not met, because an Agreement State license had conditions / limitations established which were outside of the Agreement States jurisdiction. Apparently because of a misunderstanding when reading these conditions / limitations the licensee failed to file for Reciprocity, at least two times, while performing work in a state where the use of radioactive materials was under the NRC's jurisdiction. I have enclosed a copy of the New York State license. See condition 6.A.ii.
OE thought it was unusual for one agreement state to limit conditions outside of its border. Does this raise a compatibility issue? Your thoughts are appreciated on this.
Enclosure:
cc:
A. Thadani, DEDE D. Cool, NMSS D. White, RI D. Holody, Regional Enforcement Coordinator 5
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IS g8050286900724 STPRC ESGNY
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ETATE of Ntw YORK. DEPARTMENT oF LAtov
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o OfVtSION OFSAFETY AND HEALTH t
RADIOACTIVE MATERIALS LICENSE DL 97-276 p.g.1 or4 page(s) pursuant TO THE LABOR LAW ANO INDU$7 RIAL CODE RULE 38,440 IN ret 4ANCE ON sTAffMSN11 AND REPRESBNTAft0NS HERETo MADE SY THE UCfN$gt psStGNATED SELOW. A UCENSE $ HERE8Y EEUED AUTHOR 134NG SUO4 UCENSEE TO RECEfVE, POS$ tis. U$
TRANSFgR RADcACTIVE MAffRIAL(5) Ot53ONATEo SCLow: AND 70 USE $UCH RADeOACTNE MATERIALSFOR THEPURPOSC(5) AND PLACItS) ot$tGNATEo StLOW. DUS DCENSE 15 50tJECT TO ALL APPUCABLE RUtt5. REGULAT1oNS, AND ORDER $ NOW OR HERfAF EFFECTOF ALL APPROPRIAft REGutAToRT AGENCES AND To ANY CONo(floN5 SPEOREo OELow.
- 1. NAME OF UCENSEE
- 3. UCENSE NUMROR FEING'24410911 Northeast Tehmlogy Corp.
2684-3943
- 4. EXP RAfloN oAft PHONE:(914)331-8511 2, ADDRESS OF UCEN$lf May '41 1998 130' North Front Street Sa, REFERENCE No,
- b. AMENoMENT No, Kingston,NewYork 12401 1
3
- 6. RADtOACTtVE MATERALS
- 7. OMMICAL ANDCR P) TSICAL FORM S. MAxlMUM QUANTITY UCENSEE MAY PO55E55 (elementin mms number)
AT ANYoNE TIME A.
Californium 252 A.
Scaled Source A.
11 millicuries (FrontierTechnology Corp. Model 100).
B.
Mixed Fission B.
Non-mmovable B.
10 millicuries Products and contamination on Transuranic gauging devices.
Isotopes.
9.
Authorized use:
Condition 6.A.
I)
For research and development using PWR and BWR Baron-10 Ar 51 Density Meters (gauging devices) as per drawings and procedures submitted to the Department.
ii)
This license is not eligNe for reciprocity fmm the United States Nuclear Regulatory Commission or oth=r agreement States, with the following exception:
Licensed material may be used during research and development activities conducted at the Cebalt-60 pool in the Breazcale Nuclear Reacter Facility, Pennsylvania State University, University Park, Pennsylvania. All use oflicensed material at Pennsylvania DoSH44) w g4.gt)
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DIVISIONOFSANTYANDHEAt,TH
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RADi&AC7WE MATERIALS UCENSE Page2 of4 Pages ase Number 2(84-3943 5s. Ref. No. l
- b. heend. No.J (Condition 9 continued.)
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State University facilities shall be in acoonience with procedwas s Department and appmved by the Pennsylvania State University Isot Condition 6.B.
For storage only as norezcmovabic contamination on the gauging device licensed material.
10.
Licensed material shall be stored at the address y;cified in Condition 2.
11.
The Radiation Safety ofEcer ihr this license is Kennsth O. Lindquist, Ph.D..
1 12.
Sealed Sources coat **mg radioacDe matenals shall not be opened by the IIconsee.
13.
The source storage cask and snusing di.vice storage case shall not be open 14.
Licensee personnel authorized to use licensed material shall be provided w devices in accordance with procedures refersnood in Condition 20 of the license.
15.
na licensee shallprovide suJicient advance nodoe of the shipment oflicensed mat so as to allow arrangements to be made forits receipt and ' storage.
16.
In the event that a theft, loss or other serious *-14t does oocur, the Deparanent stiali be ac immediately by telephone and subsequent information acquired by the licerwoe sh is received.
17.
A.
Radioactive waste such as wipes, towels, gloves, etc., generated incident to the use oflicen materials, sha!1 remain the pis,miy of the facility at which such waste was generated.
B.
Boraflex test strips shall be checked for radioactive contamination pursuant to procedu referroced in Condition 20 J., and shall remain the pmperty of the facilhy at which the contaminarlon h4 18.
Fixed contamination on the gauging device aball be quandtatively evalutad on at leas If and when contamination wach a level requiring compliance with United States Depart Transportation regulations, the licens shall enswe compliance and notify this Department.
19.
The licensee shall submit quarterly mports to the Department describing any probb as relate use, design, or mrmufactum of the gauging device, and any proposed corrective modifications.
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VJ004 STATE OF NEW yong. DEPARTasm7 of %
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.y DIV6KJN OFSAFETY AND HEALTH
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a RADIOACTIVE MATERIALS UCENSE Page 3 of 4 Pages
- 3. License Ndmber 2684-3943 5a. Ref. No. I
- b. Amend. No.2 20.
Except as specifically pro-ided otherwise in this License, the licensee shall cond accordance with the statements, representation and pmcedures contained in the any enclosures, listed below. The Department's Regulations shall govern, unless the statm representations and procedures in the licensee's application and correspondence are more restr the Regulations.
A.
Application dated December 30,1994 signed by Kenneth O. Lindquist, Ph.D..
B.
Letter dated March 7,1995 signed by Kenneth O. Lindquist, Ph.D..
C.
Letter dated March 13,1995 signed by Kenneth O. Lindquist, Ph.D..
1 D.
Letter dated Apri121,1995 signed by Kenneth O. Lindquist, Ph.D..
j E.
letter dated May 3,1995, relating to the storage room, signed by Kenneth O. Lindgaist, Ph.D.i F.
Letter dated May 3,1995, relating to the device testing protocol, signed by Kenneth 0.
Lindquist, Ph.D..
O.
Letter dated May 10,1995 signed by Kenneth 0. Lindquist, Ph.D..
H.
Letter dated May 11,1995 signed by Kenneth 0. Lindquist, Ph.D..
L Letters dated September 13,1996 and October I,1996, signed by Kenneth O. Lindquist, Ph.D..
J.
12tter dated October 16,1996 with enclosures relating to Boraflex test strip encapsulation, SEP.
092-O, and SEP-092-03, signed by Kenneth O. Lindquist, Ph.D l
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STATE OF NEW YoltK - DE#AlmdENT OF LADCh DNISION OFSAFETYAND HEALTH h
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RADIOACTNE MATERIAL $ UCENSE Page 4 of4Pages Ynse Number 2684-3943 5s. Ref. No. I
- b. Amend.No.3.
(Condition 20 condaaM) 20.
l K.
Letter dated October 31,1996 relating to decontamination and disposal cost estimates, signed byKenneth 0.Lindquist,Ph.D L.
Letters dated July 17, and August 11,1997,3*lating to transportation procedures, signed by Kehneth O. Lindquist,Ph.D..
M.
Lette:s dated November 26,1997 and December 5,1997, signed by Kenneth O. Lindquist, Ph.D..
Jat g T.'D & n pCnNO COMMISSIONER OF LABOR I
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' ((I W (2f6 DATE: by: C a f.&adt CJB:wp Associar:Radiophysicist i l 00$H-243 W te st) TOTAL P.06
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