ML20246L581

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Forwards Insp Rept 99990001/89-02 on 890118 & Notice of Violation
ML20246L581
Person / Time
Issue date: 02/21/1989
From: Kinneman J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Mcintryre G
MAGNESIUM ELEKTRON, INC. (FORMERLY MELBERK, INC.)
Shared Package
ML20246L587 List:
References
REF-QA-99990001-890221 NUDOCS 8903240227
Download: ML20246L581 (2)


Text

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Docket No. 99990001 Non-Licensee

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l Magnesium Elektron, Inc.

l ATTN:

G. _ H. McIntryre, Jr, Ph.D.

Senior Vice President 500 Point Breeze Road Flemington, New Jersey 08822 Gentlemen:

Subject:

Routine Inspection No. 99990001/89-002

^

On January 18, 1989, Laurence F. Friedman, Ph.D., C.H.P., of this office conducted a routine safety inspection at the above address of activities involving source material. The inspection was an examination of your activities as they relate-to radiation safety and to compliance with the Commission's regulations. The inspection consisted of observations by the inspector, interviews with personnel, and a selective examination of representative records. The findings of the inspection were discussed with yourself-and L. C. Kunkel of your staff at the conclusion of the inspection. A copy of the NRC inspection report is enclosed.

. Based on the results of this inspection, it appears that your activities were not conducted in full compliance with NRC requirements. A Notice of Violation is enclosed.as Appendix A and categorizes each violation by severity level in accordance with the " General Statement of Policy and Procedure for NRC Enforce-ment Actions," 10 CFR Part 2, Appendix C (Enforcement Policy). You are required to respond to this letter and in preparing your response, you should follow the

. instructions in Appendix A.

During the discussions of our findings at the-conclusion of the inspection Dr. Friedman explained that one of your options to. correct the violation cited in Appendix A to this letter is to apply for and obtain an NRC license authorizing the possession and use of source material.

For your convenience,.we have enclosed an application form and a licensing guide.

Please keep in mind that the enclosed licensing guide was written for a facility which may be larger or smaller than yours or employ different materials.

For example, if you can demonstrate that the maximum radiation levels in your plant are less than some acceptable value, it may not be necessary to have a radiation monitoring program or to issue personnel monitoring devices. The same principal can be extended to air monitoring, contamination control, and other areas of the radiation safety program.

Include your rational for omitting any element of the radiation safety program in your application.

The services of a health physics consultant may be helpful in completing the application.

If you have any questions, you may contact Dr. Friedman at (215) 337-5276.

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Magnesium Elektron, Inc.

2 In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and your reply will be placed in the.Public Document Room.

I The. responses directed by this letter and the accompanying Notice are not subject to the. clearance procedures of the 0ffice of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

i Your cooperation with us is appreciated.

Sincerely, Original Signed Br John D. Kinneman l

John D. Kinneman, Chief Nuclear Materials Safety Section B Division of Radiation Safety and Safeguards

Enclosures:

1.

Appendix A, Notice of Violation 2.

NRC Region I Inspection Report No. 99990001/89-002 3.

10 CFR Parts. 19, 20,.40,.51, 170 4.

Decommissioning Rule

5. ~ Branch Technical Position for Onsite Disposal of Source Material 6.

Form NRC-313 7.

Licensing Guide cc:

Public Document Room (PDR)

Nuclear Safety Information Center (NSIC)

State of New Jersey bec:

Region I Docket Room (w/ concurrences)

~ Management Assistant, DRMA L. Rouse, NMSS/IMSB J. Kinneman, RI b

RI:DRSS 1

RSS Frie maf/bc inneman 02//h/89 02/11/89 0FFICIAL RECORD COPY ML DL MAGNESIUM - 0001.0.1 02/16/89 4