ML20244B522
| ML20244B522 | |
| Person / Time | |
|---|---|
| Issue date: | 03/04/1981 |
| From: | Thompson D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Grier B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20237G454 | List:
|
| References | |
| FOIA-87-450 EGM-81-06, EGM-81-6, NUDOCS 8105040280 | |
| Download: ML20244B522 (2) | |
Text
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i EGM-81-06 MEMORANDUM FOR: B. H. Grier Director, RI . . .
FROM: Dudley Thompson, Director
. Enforcement and Investigations 1
SUBJECT:
SELECTION OF APPROPRIATE ENFORCEMENT ACTION FOR GAP 94A DIAGNOSTIC LABORATORIES, INCORPORATED I
Reference:
Grier memo dtd January 16, 1981 The following to this case. background considerations and conclusions are pertinent old inspection guidance and discussions with individuals in t Standards Development.
Your meno indicated that there did not appear to' be a regulatory basis for citing the licensee for leaving the key in 'the truck and the motor running while making deliveries of radioactive materials.
t As you know, common and contract carriers are subject to DOT. regulations but are exempt from NRC regulations.
to all DDT regulations and 10 CfR Part 20. Private licensee carriers are subject However, it is our current view
( that where DOT and NRC have overlapping requirements, we would not ordina take action against the NRC licensee for a violation of Part 20 if the licensee was in compliance with the DOT requirement. For example, private carriers l are required to make 20.402 reports for lost or stolen radioactive materials Interpretive Guides 20.402 and 20.402 - Transportation IE Manual).
truck to localInpolice. this case, the licensee apparently did report the stolen They were not required to report the stolen truck i Guide listed above).to DOT (things reportable to DOT are set forth in the se Your memo mentioned the possible applicability of 10 CFR 20.207(a) and (b).
The intent radioactive of thatfrom materials ruleanywas to secure unrestricted area.material from unauthorized rem ;
The rule intentionally does not state how the material must be secured, only that it must be secured.
Under 20.207(a) the source should be secured in such a tainment in which the material is located, whether it be a small brick structure, vehicle or any other kind of containment.
effort would have been to shut'off the motor and remove the keys.We believe a r CONTACT: J. Metzger IE 49-28188 ,
phu - t7 - %
h M @M @ pp, !
MAR 0 41951 B. H. Grier In the case at hand, by stealing the vehicle, the material was obvio~usly also stolen, even though the material was secured to the truck. The fact is, the truck was not reasonably secured. Clearly, if the truck theft had been successful, the secured container could have been breached.
Therefore, in our view, 20.207 applies in this case and the licensee should be cited but no civil penalties assessed (see EGM-81-08).
There are no similar provisions to 20.207(a) and (b) in DOT regulations, except for am carrier of explosives.
You also mentioned that the license authorizes transportation under Part,71.
In conjunction with this, note that Section 71.1(b) ' states, "The packaging and transport of these materials are also subject to other parts of this chapter...." which means Chapter 1 of Title 10, or in cther words, applies to other regulations in Chapter 1 including Part 20.
.l
'budle Th n, Di Enforcement and Investigations Office of Inspection and Enforcement cc: G. Snyder, RI w/ incoming C. Upright, RII "
C. Norelius, RIII "
W. Vetter, RIV "
A. Johnson, RV "
T. Brockett, IE J. Riesland, IE G. Barber, IE J. Metzger. IE
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