ML20237C831

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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:
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

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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,

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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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