ML20246F188
| ML20246F188 | |
| Person / Time | |
|---|---|
| Issue date: | 12/29/1988 |
| From: | Joseph Austin NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20245C323 | List:
|
| References | |
| FOIA-89-182 NUDOCS 8905120163 | |
| Download: ML20246F188 (18) | |
Text
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bet 2 91988 MEMORANDUM FOR: Bruce S. Mallett, Chief Nuclear Materials Safety Branch, RIII FROM: John H. Austin, Acting Chief Medical, Academic, and Commercial Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS
SUBJECT:
REQUEST FOR TECHNICAL ASSISTANCE In your November 1,1988 memorandum requesting technical assistance, you requested NRC's policy on the use of alpha-emitting radiation sources in lightning rods and whether or not the NRC has had previous experience with radioactive lightning protection systems. I have searched our licensing files and have not found any licenses issued for alpha-emitting radiation sources {n lightning rods. Also, a review of 10 CFR 32 Subpart A does not reveal that t the Comission has granted an exemption from the regulations for that class of product. Consequently, as of this date, we have not approved the possession or use of such alpha-emitting radiation sources in lightning rods either as a generally licensed item or as an exempt consumer product.
As a matter of policy, the Comission considers e a general rule that products proposed for distribution will be useful to society to some degree.
Specifically as to consumer products, the Commission considers that the use of radioactive material in toys, novelties, and adornments may be at best of marginal benefit. This policy was well stated in a Commission paper entitled
" Products Intended for Use by General Public (Consumer Products)" 30 F.R.
3462, March 16, 1965. As a general rule, applicable to both generally licensed items and consumer products, a balancing test will be applied to each proposed use of radioactive materials before the Commission will grant its approval.
This test is: "Does the benefit to the public by the introduction and use of this product outweigh the radiation risk associated with that use?"
In the case of alpha-emitting radiation sources in lightning rods, a search of the current literature would indicate that the use of such radiation sources in lightning rods should be considered as a risk not justified by demonstrated benefits. To the best of our kncwledge, the efficacy of alpha-emitting sources on lightning rods has not been demonstrated. Further, other countries have, in the past, approved such use of alpha-emitting materials but they no longer do so. Those countries are now confronted with the difficulty of disposing of those sources. Therefore, barring some compelling new evidence on the benefit of this product and especially taking into account that there appears to be acceptable non-radiological alternatives, we would not approve the use of this product as a generally licensed item nor as an exempt product.
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If you should have any questions regarding this policy, please do not hesitate to contact met at FTS 492-3417.
JohnH.Aupin Medical, Acade/mic,Acting and Comercial Chief Use Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS cc: James H. Joyner, RI-William E. Cline, RII William L. Fisher, RIV Robert J. Pate, RV DISTRIBUTION:
IMN5 Central File NMSS r/f IMAS r/f SWBell MLamastra JHAustin SLBaggett Trich TAR.fth
- See previous concurrence sheet 0FC: IMAB* :IMAB* :INA
?!AME:SWBell :MLamastra :JH tin DATE:12/21/88 :12/21/88 :12/#/88 0FFICIAL RECORD LOPY
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Mid' west Interstate Low Level Radioactive Waste Commission Room 588
- 350 N. Robert Street
- St. Paul, MN 55101 * (612) 293 0126
' January 6, 1989 MEMO TO: Commissioner dd Staff FROM: Gregg Larson i
SUBJECT:
Response to Commission Letter on Lightning Protection Systems The attached response to a December 7 letter (also attached) from the Midwest Compact Commission was recently received from the law firm representing Heary Brothers Lightning Protection Company. The response indicates that none of the lightning protection systems containing radium-226 have been installed in Indiana, Minnesota, and Wisconsin. In addition to Michigan, where the inquiry was initiated, the radium-226 lightning protection systems also have been installed in Iowa (one site), Missouri (one site), and Ohio (two sites).
The company intends to replace the radium-226 energizing source with a thorium-232 source, which has been exclusively used in the product for the last two years. Replacement would occur five years after the installation date and, according to the attached response, before January 1, 1993, when states lose access to the existing NARM disposal sites. Unlike radium-226, which is classified as NARM and regulated by the states, thorium-232 is regulated under the Atomic Energy Act as a source material and must be disposed in a licensed low-level radioactive waste facility. (Note that the list of installations is only for the radium-226 systems; it does not include any thorium-232 systems that may have been installed in the Midwest Region.) ,
Despite the small quantity of radioactive material involved, and the limited hazard, it still appears to be a frivolous and unnecessary use. Region Three of the Nuclear Regulatory Commission (NRC) is currently examir.ing the question of radioactive material in lightning protection systems. While the NRC has not issued specific licenses l for the use of radioactive material in lightning protection systems, 10 CFR 40.22 extends a source material general license (effective without the filing of applications or issuance of license documents) to industrial firms for commercial purposes if less than 15 pounds at any one time or 150 pounds per year. An NRC response to the questions raised by the State of Michigan is expected soon.
JAh 9 hMR l?(j[,
Indiana lowa Michigan Minnesota Missouri Ohio Wisconsin
E. .
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^
Midwest Interstate Low Level Radioactive Waste Commission Room 588
- 350 N. Robert Street
- St. Paul, MN 55101 * (612) 293 0126 December 7, 1988 Heary Brothers Lightning Protection Company, Inc.
11291 Moore Road Springfield, N.Y. 14141
Dear Sir or Madam:
It has come to our attention that your firm is distributing lightning protection systems that include lightning rods that contain radium-226. The lightning rods are originally manufactured in England and imported by you for assembly into lightning protection systems.
Recently, the Michigan Department of Public Health informed us that your firm has installed these lightning rods on buildings in Michigan, but failed to register the installation as required by the state. Installation has apparently occurred in other states as well.
The use of lightning protection systems containing radium-226 is of L great concern to the seven Midwesnern states that are members of the Midwest Compact. Under federal law, the Compact is responsible for disposal of low-level radioactive wastes commercially generated in j its member states after December 31, 1992. At that time, the only j disposal sites accepting discrete radium-226 sources for disposal J will shut-down. The disposal facility planned for the Midwest 1 Compact will not accept radium-226 or other naturally-occurring and accelerator-produced materials (NARM).
The Compact Commission would, therefore, like to eliminate potential sources of radium-226 before the proper disposal of this waste becomes a health problem. In August of 1988, the Compact Commission 3 unanimously adopted a resolution urging all generators to properly )
dispose of any radium-226 waste as soon as possible and to replace !
radium-226 sources with other less hazardous materials. ]
We request that your firm inform us of the past installation of lightning protection systems containing radium-226 in any of the other six states in the Midwest Compact (Indiana, Iowa, Minnesota, Missouri, Ohio and Wisconsin). The state agency with regulatory responsibility for these materials will then be able to contact and inform building owners or property managers of the pending problem.
We also urge you to halt any further distribution of these systems.
l Indiana lowa Michigan Minnesota Missouri Ohio Wisconsin
JAccKLt. FLtlSCHM ANN & Mucct AT T o RN EY$ AT L AW Nonstan BUILD $NG TWE LVE FOUNTAIN PL AZ A BUFFALO. Ncw YoRM 142o2-2222 7 e6 - e 56 - 0600 L8HD A H .iO f> E P H n av ng a December 22, 1988 Midwest Interstate Low-Level Radioactive Waste Commission Room 588 350 N. Robert Street St. Paul, Minnesota 55101 Re: Your December 7, 1988 Letter to Heary Bros.
Lightning Protection Company, Inc. _
Dear Sir:
This law firm represents Heary Bros. L'ghtning Protection Co., Inc. and Lightning Preventor of America, Inc.
which are corporations owned and operated by the Hear family 3 of Springville, New York. We have been asked by our clients to respond to your letter of December 7, 1988.
It seems that your organization has received erroneous information concerning the products which Lightning Preventor of America, Inc. currently sells. The Lightning Preventor product referred to in your letter is currently manufactured and distributed by Lightning Preventor of America, Inc. While the product has in the past contained radium-226, the product currently distributed by our client contains thorium-232. Thorium-232 has been exclusively used in the product for over two years. As you may know, thorium-232 is regulated under the Atomic Energy Act under which there have been promulgated regulations establishing a general license for the sale and distribution of products containing the very limited amounts of thorium which are present in this product.
In the past, the Lightning Preventor employed radium-226 as its energizing source. Installations of units
- ontaining radium-226 were made pursuant to a license issued by the State of New York. This license remains in effect and we have enclosed a copy for your information.
In response to the specific inquiry made by your letter of November 9, 1988, we are hereby informing you that there are no installations of units containing radium-226 in
' STATE OF NEW YORK 4Ae t.
DEPARTMENT OF LABOR 1 ..
er DIYl510N OF SAFETY AND HE ALTH
. ) ,,,,,,, .D Two World Teode Center Hew York, N.Y.10047 o.,,. Harch 30, 1977 accases asp 6, 10 R RADIOLOGICAL MtALTH UNIT nse sm ses W AltRI ALS LICtN5t No.
Heary Bros. Lightning Protection Company,Inc 2138 - 2269C 11291 Moore Road ,,, , , , , , ,
Springville,11ew York 14141 1 a u t.v Du t .e T N o.
c ou. .e uc . v.ou .co.1110 3 Attention: Mr. Kenneth P. Ucary .
President L 2269 Radiation Safety Officer
Dear Mr . .iic a r y :
Enclosed herewith is State of New York Radioactive Materials 1.icense assignet to your company to possess and use radioactive matcrials licensed therein pursuar:.t to the State of New York Industrial Code Rule No. 38, " Radiation Protection" (12 NYCRR 38 as amended effective September 1, 1971.
IMPORTANT:
A. This letter shall be retained with this license.
B. Your attention is directed to Section 38.7 entitled " Security". The bonding document filed with us has been properly executed, conditioned in the license, and accordingly, your company has fulfilled the requirements of this section at this time. Pursuant to said Code Rule and bonding document, this bond sha:
be in effect during the entire period of your license. If follows that: (1) any changes that may affect the validity of this bond must be brought to our attention immediately, and (2) pursuant to Section 38.11 entitled " Duration of Licenses", _in addition to filing an application more than 30 days prior to the expiration date of your license for a renewal of the license, your company mus file either a new security bond with us or comply with subdivision (c) of Sec-tion 38.7 which must be approved by the Industrial Commissioner. -
A copy of the Security Dond has been attached to the license. A second copy is enclosed for issuance to the insurance carrier, etc.. The original will be raaintained in our files.
ea.e are *,. ars
STATE OT NEW YORE Pago I at ' 3 ><
RAD)OACTIVE MATERIAIS LICENSE Pursuant to b Labor Law and Industdal Code Rule No. 38, and in reUance on statements and representation, heretofore made by the licenses designated below, a lice nse is hereby issued authorizing such licensee to transfer receive, possess and use the radioactive .t.aterial(s) designat.3 below; and to use such radioactive matedals foi !
the purpose (s) and at the place (s) designated below. This license is sub}ect to all applicable rules, regulations, anc~
orders now or hereafter in effect of all oppropdate regulatory agencies and to any conditions specified below. l
,. Licensee 3. License Number l
- 1. Nam
- 11eary Bros .Ligh t ning Protection Co., .
Inc. 2138 - 2269E
- 1. Address . p n ate 11291-Moore Road Springville, New York 14141 April 30, 1978 l .~
Sa. Reference No. b. Amendmen' 1 - -
- 6. Radioactive matedals .
- 7. Chemical and/or physical form 8. Maximum quantitylicensee (element and mass number) may possess at any one time 1
A. Radium 226 A. Foil (exclusive use A. 7.12125 millicuries manufacture by Radio- (See Condition ?.6.A chemical Center, (2) below) i Amersham, England)
C_ ONDITIONS
- 9. Authorized use. (Unless otherwise specified, the authorized plate of use is the licensee's address stated in !!em 2 above.)
Condition 6.A.
(1) To receive Preventor Air Terminals (Lighting Conductors) containir3 Radium 226 in Units P1, P2, P3 and P4 manufactured by British l Lighting Preventor Ltd., Long Clawson, Melton Mowbray, Leicesterst.l England, and to distribut.e to persons exempt from the requirements '
a license.
(2) The quantity of Radium 226 in microcuries (uci) authorized in the Units are as follows: P1-7.5 uct, P2-18.75 uci, P3-52.0 uci and P4-80.0 uci.
(3) Install, dismantle, maintain, service and test Preventor Air Terminels, subject to conditions of use and limitations specified the 3icense. This license does not au'horize the retail or whole-sale sale of Air Preventor Terminals.
- 16. The licensee shall comply with the provisions of the State of New York ludustrial Code Rule No. 38, " Radiation Protection" (12 NYCCR 38), as amended effective September 1, 1971.
--_______m__-_. ____-________--.______.._a ___ - ___ -
[ .
STATE CF NEW YORK Pogs 3 a3 oc
. - RADIOACTIVE MATERIA!A IJCENSE
- 8. Ikenu Number 2130 - 22692 So, R.L N+ 1
- b. Amend. No. --
_CONDmONS (C Oll ' T)
,. 16. and shall be filed within 30 days thereafter. If no imports have been uade, the report shall so indicate.
- 17. Except as specifically provided otheruise by this license, the licer.:c shall receive, possess, use and transfer radioactive acterials in accordance uith statenants, representations and procedures contained i his application dated December 8, 1976, uith attachments, and in relat-documents as follows:
A. 11 1 s letters dated December 10, 1976 and March 23, 1977, signed ty Kenneth P. Heary, uith attachments. l 3.
His " Bond For Retaoval Of Radioactive ifaterials And/Or Decontami-nation Of Installations" Ilo. 240E0933 dated December 6, 1976, s it tu by Kenneth P. lieary for the licensee.
l l
1 1
1 TCR THE NEW-Y RK kTE DEPARTMENT OT IJJO!
/ \
p 11a r c h 3 0, 1977 by - -- dIN JAM /jc Jol #A. Mi e l e .h e . R n d i n nhv c i c ' e + i
N l STATE of NEDYORK j DEPARTMENT 0F LABOR I
- q. ;
DIVl510N OF 5AFETY AND HEALTH I
4 . Two World Trade Center 1
'- New YorL, N.Y.10047 yj L tilatr'* 4, Oatge July 26, 1978 A DDates pr ply T o*
R ADiotocic AL HE ALTu usir Hea ry B r o s . L i g h tning P r'o t e c ti on Company, Inc. . . . . , .
u ^T r na u.s ucust uo.
11291 Moore Road Springville, New York 14141 2138-2269E Attention: Mr. Kenneth P. Heary a5 " a5"c5 ao-President 1 Radiation Safety Officer ,,, , , , , , , , , , , , , , , j
. . s v. ov. . u c ~ o- c ~ t o o., .~o o.,
couae 6c.vio~wo. DL78-128 L 2269
Dear Mr. Heary:
Enclosed herewith is an amendment (number indicated above) to the State of New York' Radioactive Materials license assigned to your company to possess and use radioactive materials licensed therein pursuant to the State of New York Industrial Code Rule No. 38, " Radiation Protection" (12 NYCRR 38), as amended effective September 1, 1971.
Conditions as indicated therein have been added and/or amended in accordance with the referenced application, subject to said Code Rule. (Note change: Lice iss0ed for 3 years.)
Your attention is directed to Item B of our letter regarding the previous 11 cense amendment (numbered and dated as shown above). Future compliance with Sectic 38.7 is mandatory. Failure to do so will result in Departmental action pursuant tc Sections 38.14_and 38.16 of said Code Rule. (Note: Dlsregard this Part.)
Please contact us directly if you have any questions, or if we may be of fur ther assistance to you concerning this matter.
Very truly yours.
CARL J. MATTEI, Director JAM:bd By -
A. Miele, h te Ra' biophysicist amummmmum
__________________.___.____._--._______.__.___m___ _-___.___m______-_.___________...___.___..____-_____-___________-_______._.____.__...___________.___________.____________.__.________________.s
STATE OF NEW YORE Page I J I
- RADIOACTIVE MATERIALS UCENSE AMENDMENT Pursuant to the Labor Law and Industrial Code Rule No'38. and in reliance on etatements and representations heretofore made by the licensee des.ignated below, a Ucense is hereby issued authorizing such beensee to transfer, receive. possess and use the radioactive material (s) designated below; and to use such radioactive materials lor the purpose (s) and at the place (s) designated below. This license la subject to all applicable rules. regulations. and orders now or hereafter in effect of all appropriate regulatory agencies and to any conditions specified below, Ucensee 3. Ucerae Number
- 1. Nam
- Heary Bros. Lightning Protection yy3g , ygggy Company, Inc.
- 2. Addreas #~ # D"
J;g91 Moore Road Springviite, New York 14141 AP hil 30s 1981 Sa. Reference No. b. Amendment:
1 1 coNomONs
- 9. Authorized use ( 41 2 7 6_, 8 - ):In accordance with (cfteA _ dated . March 15, 1971 Radioactive Materials Ucense No.1131-114 9 E Reference No. 1 - is hereby amended as follows:
Condition 4 Change of expiration date.
Condition 16.8. Changed to readt His " Bond For Removat of Radioactive Materials And/Or Decontamination Of installations" No.240E0935 dated December 6, 1976, signed by Kenneth P. Heary for the Licensee, including his letter dated March 15, 1975, signed by Kenneth P. Heary, with enclosed bond Travelers Memorandum dated March 5, 1978.
1 l
l FOR THE NEW TE DEPABTMENT OF LABC page July f6, 1978 / M by '
_,,_,,JAMjmc })ffn A. Mieteboc. Radiophysics
~
~
\
8 TATE OF NEW YORE Pass d %
RADIOACTIVE MATERIALS LICENSE AMENDMDiT Pursuant to the Labor Law and lodustrial Code Rule No. 38, and in reUance on statements and representations heretofore made by the licensee designated below, c license is hereby inued authorizing such licensee to transfer, receive, possess and use the radioactive material (s) designated below:and to use such radioactive materials for the purpose (s) and at the place (s) designated below.This license is sublect to all applicable rules. regulations, and orders now or hereafter in effect of o!) appropriate regulatory agencies and to any conditions specified below.
tge.n . 3. License Number
- Amend. No.
supersedes Amend. No.1 1.Name ~
Heary Bros.
Lightning Protection Company, Inc.
- 2. Address 11291 Moore Road b D". d" " U"I' Springville, New York 14141 April 30,198 Sc. Reference No. b. Amendment 1 *2 CONDITIONS As itemized 1 ' March 10, 1981
- 9. Authorized use ( ):In accordance with - dated Radioactive Materials License No. 2138-2269E . Reference No. _ _ 1 - is hereby amended as fo!!ows: '
Condition 4. Expiration Date changed.
Condition 10. Changed to read:
The licensee shall comply with the provisions of the State of New York Industrial Code Rule No.38, " Ionizing Radiatic Protection" (12 NYCRR 38), effective July 10, 1978.
Condition 16.B. Changed to read:
His " Bond For Removal Of Radioactive Materials And/Or Decontamination Of Installations" No. 240E0933 dated December 6,1976, signed by Kenneth P. Heary for the licens(
including his letter dated March 10, 1981, signed by Kenneth P. Heary, with enclosed premium invoice and verific payment for same.
May 19, 1981 FOR THE NEW YORE .D TMENT OF LABC 3 m c_
- N" GLK:bd grge gsM,gdsspoc/pte_,RaElophysicist
ST ATE OF NEW YORK DEPARTMENT OF LABOF.
6A DIVISION OF $AFETY AND HEALTH
RADIOACTIVE MATERIALS LICENSE d AMENDMENT Page 1 of 3 Pag <
PURSUANT To THE LABOR LAW AND INDUSTRI AL CODE RULE 38 AND IN RELI ANCE oN ST ATEMENTS AND REPRESENTATIONS HERETOFORE MADE SY THE LICENSEE DESIGNATED BELoW A LICENSE IS HERERY ISSUED s
, AUTHoRillNG SUCH LICENSEE To RECElVE. POSSESS, USE AND TRANSFER RADOACTIVE MATERIALSIS) DESIGNATED l BE low; AND To USE SUCH RADIOACTIVE MATERIALS FoR THE PURPoSEls) AND AT THE PLACEIS) DESIGNATED BELow.
THIS LICENSE is SUBJE CT To ALL APPLICABLE RULES, REGULATIONS AND ORDERS NoW oR HERE AFTER IN EFF ECT oF ALL APPROPRIATE HEGULAToRY AGENCIES AND To ANY CONDITIONS SPECIFIED BELow. j L NAML OF LaCLNbli 3,LectNgtsugggg 2138-2269 E Heary Bros. Lightning Protection Company, Inc. ,,L,,,,,,,,, ,,,,
- 2. ADDkibb Of LICLNblL April 30, 1988 ba. RL F L RENC L NO. D.AMLNOMLtf 11291 14oore Road Springville,liew York 14141 1 3 Amendments Hos. 1 and 2 Deleted from the License.
- 9. Authorized use:
Condition 4. Expiration Date changed.
Condition 9.6.A. Addition:
(4) The licensee shall replace each Air Te.rminal, containing Sealed Sources (Foils) authorized by this License that was installed and-has been in service for a period of time not to exceed five (5) years , by a new Air Terminal.
Condition 10. Changed to read:
The licensee shall comply with the provisions of The State of New York Industrial Code Rule 38, " Ionizing Radiation Protec-tion" (12 NYCRR 38), as amended effective June 25, 1985.
Condition 14. Changed to read:
A. Each Sealed Source (Foil) at licensee's Installation, Condition 2. of this License or leased and installed at customers' sites shall be tested for contamination and/or leakage prior to use and at intervals not to exceed twelve (12) months henceforth. In the absence of a certificate fror.
a transferor indicating that a test has been made within si>
months prior to the transfer, a Sealed Source (Foil) receive
$ TATE OF NEW YORK DEPARTMENT OF LABOR
.i A DIVISION OF SAFETY AND HE ALTH i l RADIOACTIVE MATERIALS LICENSE A11EllDMENT Page 3 of 3 Paces
- 3. License Number _ 2138-2269 E Sa. Re f. No ._1 b. Amend. No ._ _3 e
Condition 15. Continued:
B. The licensee shall report all transfers and installation of Air Terminals, containing Sealed Sources (Foils) authorized b:
this License. Such reports shall identify each recipient by name and address, the type and the number of Air Terminal (s) and the quantity of licensed material contained. Such reports shall also 1.v2ude the name of a person responsible for security and safety of the Air Terminal (s) at each location, who may be contacted. The reports shall be submitted at the end of each calendar year, ending December 31 and shall be filed within thirty (30) days thereafter.
Report of all transfers to:
The State of New York, Department of Labor, Radiological Health Unit, One Main Street, Brooklyn, New York 11201.
Report of transfers to each State or Regulatory Jurisdiction to:
Appropriate State or Regulatory Jurisdiction Radiation Control Program Directors.
Condition 16. Documents added:
C. His letter dated February 8,1984, signed by Kenneth P. Hesry, with enclosures.
D. His letter dated March 26, 1987, signed by Ed Heary, Sr.
Stuart Schrank, Director for:.THE COMMISSIONER OF LABOR c -
b DATE: April 27, 1987 GLK:wp by [*eorge L. Kasyk
)
Associate Radiophysicist 1
~
l DEPEEThNT bh5kBOR ,
- Division of Safety and Health l ONC MAIN ST.
snoont.vN,N.v. a ston June 11, 1937 Address Reply To:
Radiological Health Unit Heary Bros.
Lightning Protection Company, Inc. Refer To:
11291 Moore Road Radioactive Materials License i Springville, New York 14141 Ho. 2138-2269 E e
Reference No. 1 1 Attention: Mr. Kenneth P. Heary Amendment Ho. 4 President DOSH Applications Nos. DL84-34 and DL87-118 Installation Ho. L 2269
Dear Mr. Heary:
Enclosed herewith is an Amendment to State of New York Radioactive 11aterials , License authorizing your firm to possess and use Radioactive Materials licensed therein pursuant to the State of New York Industrial Code Rule 38," Ionizing Radiation Protection" (12 HYCRR 38), as amended effective June 25, 1985
.IMPORTAHT: This letter shall be retained with this License.
Your attention is directed to Section 38.7 of 12 NYCRR 38 entitled
" Security". The bonding document filed with the Department was properly executed, conditioned in the License and accordingly, your firm has fulfilled the requirements of this Section. This Bond shall '
be in effect durinc the entire period of your License. Any changes j that may affect the validity of this Bond must be brought to our at-tention immediately. Pursuant to Section 38.11 entitled " Duration of Licenses", in addition to filing a letter (application) more than 30 days prior to the expiration date of your License for a renewal of the License, your firm must maintain the Bond in effect, unless a waiver pursuant to Subdivision (c) is approved.
Do not hesitate to contact the Department should you have any questions concerning this matter.
I Very truly yours, Stuart Schrank, Director Enclosure b : scorce L. Kasyk j GLK:wp Associate Radiophysicist
.--uu__ _ - . _ _ - _ _ _ _ _ . _ _
' ~
e ~ IvisidN o OF SAFEUAND HEkbH l RADIOACTIVE MATERIALS LICENSE s %, AMENDMENT Page 1 of 3 Pace:
PURSUANT To THE LABOR LAW AND INDUSTRIAL CODE RULE 38, AND IN RELIANCE oN $Y ATEMENTS AND REPRES'!NTATioNS HERETOFORE MADE BY THE LICENSEE DEStGNATED BELow, A LICENSE It HEREBY ISSUED AUTHoltl2iNG SUr,r4 LICENSE E To RECEIVE, POSSESS, USE AND TRANSFER RADIOACTIVE MATERIALS (S) DESIGN ATED
. BELow. AND To USE SUCH RADIOACTIVE MATERIALS FoR THE PURPOSE (S) AND AT THE PLACE (S) DESIGNATED BE Low.
TH15 LiLENSE IS SUBJECT To ALL APPLICABLE RULES, REGULATIONS, AND ORDERS Now oR HEREAFTER IN EFFECT oF ALL APT RoPRIATE REGULATORY AGENCIES ANo To ANY CoNDITeoNS $PECIFIED BELow.
L N AME OF LICEN5t' E ,
- 3. L4 CENSE NUMBER I
2138-2269 E j Heary Bros. Lightning Protection Company, Inc. j
- 4. E XP1R ATION DAT E
. AcoRc55 or LiCLN>tt April 3 , 1988 ]
Ss. RLI L RENCL NO. D.AMLNDwlNTt 11291 Moore Road Spr ingville, IJew York 14141 1 4 Amendments Nos. 1, 2 and 3 Deleted from the License.
- 9. Authorized use:
l Condition 4. Expiration Date changed.
Condition 9.6.A. Addition:
(4) The licensee shall replace each Air Terminal, containing Sealed Sources (Foils) authorized by this License that I was installed and has been in service for a period of time not to exceed five (5) years, by a neu Air Terminal.
Condition 10. Chcnged to read:
The licensee shall comply with the provisions of The State of
!!ew York Industrial Code Rule 38, " Ionizing Radiation Protee-tion" (12 flYCRR 38), as amended effective June 25, 1985 Condition 14. Changed to read:
A. Each Sealed Source (Foil) at licensee's Installation, Condition 2. of this License or,1 cased and installed at customers' sites shall be tested for contamination and/or leakage prior to use and at intervals not to exceed twelve (12) months henceforth. In the absence of a certificate from a transferor indicating that a test has been made within six months prior to the transfer, a Sealed Source (Foil) receivec from another person shall not be put into use until tested.
f DO5H 242 (187)
4 STATE OF NEW YORK . DEPARTMENT OF L ABOR Div1SION OF SAFETY AND HE ALTH RADIOACTIVE MATERIALS LICENSE a'-
AMEllDMEllT Page 3 of 3 Pa;es
- 3. License Humber 2138-2269 E Sa. Ref. tio . 1 b. Auend. 11 o . 4 Condition 15. Continued:
B. The licensee shall report all transfers and installation of Air Terminals, containing Scaled Sources'(Foils) authorized b) this License. Such reports shall _ identify each recipient by name and address, the type and the number of Air Terminal (s) and the quantity of licensed material contained. Su'ch reports '
shall also include the name of a person responsible for security and safety of the Air Terminal (s) at each location, who may be contacted. The reports shall be submitted at the end of each calendar year, ending December 31 and shall be filed within thirty (30) days thereafter.
Report of all transfers to:
The State of 11ew York, Department of Labor, Radiological Health Unit, One Main Street, Brooklyn, llew York 11201.
Report of transfers to each State or Regulatory Jurisdiction to:
Appropriate State or Regulatory Jurisdiction Radiation Control Procram Directors.
Condition 16. Documents added:
C. His letter dated February 8, 1984, signed by Kenneth P. Heary, I with enclosures.
D. His letter dated March 26, 1987, signed by Ed Heary, Sr.
s Stuart Schrank, Director for: THE COMMISSIO!!ER OF LABOR DATE: June 11, 1987 GLK:wp by: George L. Kasyk Associate Radiophysicist I
I DO5H 24 3 (187) t__________
(A DEPARTMENT OF LABOR
'
- Division of Safety and Health CNt uMN st.
k B ROOKLYN, N.Y. 3 3 203 July 22, 1988 Address Reply To:
Radiological Health Unit Henry Bros.
Lightning Protection Company, Inc. Refer To:
11291 Moore Road Radioactive Materials License Springville, New York 14141 No. 2138-2269 E Reference No. 1 Attention: Mr. Kenneth P. Heary Amendment No. 6 President DOSH Application No. DL88-65 Installation No. L 2269
Dear Mr. Heery:
Enclosed herewith is an Amendment to State of New York Radioactive Materials License authorizing your firm to possess and use Radioactive Materials licensed therein pursuant to the State of New York Industrial Code Rule 38," Ionizing Radiation Protection" (12 NYCRR 38), as amended effective June 25, 1985 IMPORTANT: This letter shall be retained with this License.
Your attention is directed to Section 38 7 of 12 NYCRR 38 entitled
" Security". The bonding document filed with the Department was properly executed, conditioned in the License and accordingly, your firm has fulfilled the requirements of this Section. This Bond shall be in effect during the entire period of your License. Any changes that may affect the validity of this Bond must be brought to our at-tention immediately. Pursuant to Section 38.11 entitled " Duration of Licenses", in addition to filing a letter'(application) more than 30 days prior to the expiration date of vour License for a renewal of the License, your firm mud L maintain the hond in effect, unless a waiver pursuant to Subdivision (c) is approved.
Do not hesitate to contact the Department should you have any questions concerning this matter.
Very truly yours, j Stuart Schrank, Director b
Enclosure by: orge L. Kasyk GLK:wp ssociate Radiophys cist j l
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i RADIOACTIVE MATERIALS LICENSE p -> ' AMENDMENT Page 1 of 1 Page(
PURSUANT TO THE LABOR LAW AND INDUSTRI AL CODE RULE 30, AND IN REllANCE ON STATEMENTS AND REPRESENTATIONS HERETOFORE MADE BY THE LtCENSEE DESIGNATED BELow, A LICENSE 15 HEREBY ISSUED AUTHORIZING SUCH LICENSEE TO FtE CEIVE, POSSE SS, USE AND TR ANSFER R ADIOACTIVE MATERIALIS) DESIGNATED BELOW; AND TO USE SUCH RADIOACTIVE MATERIALIS) FoR THE PURPOSEIS) AND AT THE PLACEIS) DESIGNATED BE LOW. THIS LICENSE 15 SUBJE CT TO ALL APPLICABLE RULES, REGULATIONS, AND ORDERS Now OR HERE AFTER IN EFFECT OF ALL APPROPRIATE REGULATORY AGENCIE$ AND TO ANY CONDITIONS SPECIFIED BELOW.
- 1. NAME OF LlCENSEE 3. LICENSE NUMBE R 2138-2269 E Heary Bros. Lightning Protection Company, Inc.
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- 4. E XPIR ATION D ATE
. AooaEss Or ucENsEE April 30, 1991
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11291 Moore Road Springville, New York 14141 1 6 Amendments Nos. 1, 2, 3 and 4 Deleted from the License.
- 9. Authorized use:
Condition 4. Expiration Date chan6ed.
condition 16. Changed to read:
C. License Renewal Request dated March 7,1988 and his letter dated December 18, 1987, signed by Kenneth P. Heary with l I
attachments.
Robert Go11 nick, Director for: THE COMMISSIONER OF LABOR .
1 DATE: July 22, 1988 4[e.
.e. k t RMP:wp by: >or6e L. Kasyk Associate Radiophys cist DOSH-242 (3 3 87) m