ML20237C831

Notice of Violation from 980511 Telcon.Violation Noted:Prior to 980506,licensee Transferred Two Measurex Basis Weight Mass Sensor Gauges,Containing Approx 1,000 Mci Kr-85 to Unlicensed Person

ML20237C831
Person / Time
Issue date:	07/29/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20237C826	List: ML20237C824 ML20237C831
References
REF-QA-99990003-980729 NUDOCS 9808240195
Download: ML20237C831 (1)

Text

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NOTICE OF VIOLATION Fletcher Paper Company General License (10 CFR 31.5)

Alpent, Michigan Docket No. 999-90003 As a result of the telephone conversation May 11,1998, and in accordance with the " General Statement of Policy and Procedure for FCtC Enforcement Actions," NUREG-1600, the violaticn 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, prior to May 6,1998, the licensee transferred two Measurex Basis  !

Weight Mass Sensor gauges, containing approximately 1000 millicuries of krypton-SS each, to a person who did not hold a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device. The exceptior:s in 10 CFR 31.5(c)(9) are not applicable.

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

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The NRC has concluded that information regarding the reason for the above violai P,c l corrective actions taken and planned to correct the violation and prevent recurrence ,e -

date when full compliance was achieved is already adequate!y addressed on the docket .. the letter transmitting this Notice of Violation. However, you are required to submit a written 4 statement or explanation pursuant to 10 CFR 2.201 if the description here 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, ATTE Numer? Oontrol Desk, Washington, D.C. 20555 with a copy to .

I the Regional Administrator, Re@on 111, within 30 days of the date of the letter transmitting this Notice of Violatlon.

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.

If you choose to respond, your response will be placed in the NRC Public Document Room (POR); therefore, 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. Under the i authority of Section 182 of Act 42 U.S.C. 2232, any response shall be submitted under oath or l affirmation.  ;

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Dated at Lisle, Illinois  ;

this 29th day of July 1998 l 9908240195 980729 R RE03 GA999 EMVFLECH 99990003 PDR _

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