ML20247E077
| ML20247E077 | |
| Person / Time | |
|---|---|
| Issue date: | 04/06/1998 |
| From: | Blough A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Bodman M AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20247E081 | List: |
| References | |
| REF-QA-99990001-980406 99990001-98-02, 99990001-98-2, NUDOCS 9805180200 | |
| Download: ML20247E077 (3) | |
Text
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l l-April 6,1998 Marie Bodman President.
Breitling USA, Inc.
2 Stamford Landing Stamford, CT 06902
SUBJECT:
NRC INSPECTION REPORT NO. 999-90001/98-002 1
i
Dear Ms. Bodman:
During a telephone conversation between Sheri Minnick of this office with Keith Brown on February 26,1998, the NRC determined that Breitling USA, Inc. (Breitling) had been distributing watches containing tritium luminous paint without proper licensing pursuant to 10 CFR Parts 30 and 32.14 since 1989. 'As a result, Confirmatory Action Letter (CAL) No.1-98-003 was issued
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on March 6,1998 in which you agreed to cease and desist all distribution and repair of these aroducts This letter refers to a subsequent inspection conducted on March 10,1998 at areitling's facility in Stamford, Connecticut. The purpose of the inspection was to gather more information on Breitling's activities, fcllow up on Breitling's actions as a result of the CAL and to perform independent measurements. The enclosed report presents the results of this inspection.
Based on the results of this inspection, one apparent violation was identified and is being considered for escalated enforcement action in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600.
This apparent violation involves your possession and repair of licensed material without an NRC license issued pursuant to 10 CFR 30 and your initial transfer of exempt products containing byproduct material, without an NRC license issued pursuant to 10 CFR 32.14. Since the date of the inspection, you have obtained both a possession and a distribution license. As a result, it may not be necessary to conduct a predecisional enforcement conference in order to enable the NRC to make an enforcement decision. However, a Notice of Violation is not presently being issued for these inspection findings. Before the NRC makes its enforcement decision, we are providing you an opportunity to either (1) respond to the apparent violations addressed in this inspection report within 30 days of the date of this letter or (2) request a predecisional enforcement conference. If you choose option (1) be sure to provide additional information on why Breitling had been distributing watches without an NRC license. Please contact me at (610)-337-5281 within 7 days of the date of this letter to notify the NRC of your intended response.
_ Your response should be clearly marked as a " Response to An Apparent Violation in Inspection Report No. 999-90001/98-002" and should include: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have jg l
been taken and the results achieved, (3) the corrective steps that will be taken to avoid further
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violations, and (4) the date when full compliance will be achieved. In presenting your corrective action, you should be' aware that the promptness and comprehensiveness of your actions will be 9005100200 990406
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CT!!RN ORIGIEL TO ic07 REGION I QBW\\
L M. Bodman 2
L Breitling USA, Inc.
considered in assessing any civil penalty for the apparent violations. The guidance in the enclosed excerpt from NRC Information Notice 96-28, " SUGGESTED GUIDANCE RELATING
. TO DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful.
Your response should be submitted under oath or affirmation and may reference or include previous docketed correspondence, if the correspondence adequately addresses the required i
l I
response. If an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or
' schedule a predecisional enforcement conference.
l In addition, please be advised that the number and characterization of apparent violations described in the enclosed inspection report may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
l In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure (s), and your response (if you choose to provide one) will be placed in the NRC Public l
Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
l Thank you for your cooperation.
Sincerely, Originalsignedby George Pangburn l
I A. Randolph Blough, Director Division of Nuclear Materials Safety
Enclosures:
l 1.
NRC inspection Report No. 999-90001/98-002 2.
NUREG-1600 3.
NRC Information Notice 96-28 i
cc:
l State of Connecticut l
i E_______________.________.__________
M. Bodman 3
Breitling USA, Inc.
bec:
KModes, RI j
Distribution: w/ enclosure 1 PUBLIC
)
Nuclear Safety Information Center (NSIC)
Region i Docket Room (w/ concurrences)
H. Thompson, DEDR W. Axelson, RI D. Cool, NMSS J. Lieberman, OE A. Nicosia, OGC L. Davis, OGC J. Fewell, RI D. Holody, RI T. Walker, RI G. Pangbum, R1
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D. White, RI q
R. Bores, RI M. Campion, RI DOCUMENT NAME: G:\\DNMS\\DOCWORK\\MISCLTR\\LBREITLI.NG 12783724 To receive e copy of this document, indicate in the box:
- C" = Copy w/o attach /enci "E" = Cupy w/ ettach/enci "N" = No copy
,,. f, ORA /Rlg l OFFICE DNMS/RI N DNMS/RI, DNMS/RI NAME SMinnick O FCostello\\/M ARBlough ('//cph TWalker '
DATE 04/03/98 04f3/98 C' 04///98
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04/7/98 OFFICIAL RECORD COPY