ML20247F052

Notice of Violation from Insp on 980326.Violation Noted: Licensee Acquired,Received & Used Byproduct Matl in Devices Pursuant to 10CFR31.5(a) & Did Not Assure That Labels Affixed to Device & Time of Receipt

ML20247F052
Person / Time
Issue date:	04/06/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20247F021	List: ML20247F018 ML20247F052
References
REF-QA-99990001-980406 99990001-98-05, 99990001-98-5, NUDOCS 9805190108
Download: ML20247F052 (2)

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NOTICE Oi: VIOLATION LTV Steel Company, Inc. Docket No. 99990001 Cleveland, OH General Licensee Curing an NRC inspection conducted on March 26,1998, one violation of NRC requirements was identified. In accordar,ce with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the violation is listed below:

10 CFR 31.5(c)(2) requires that any person who acquires, receives, possesses, and uses byproduct material in a device pursuant to 10 CFR 31.5(a) assure that all labels affixed to the device at the time of receipt and bearing a statement that removal of the label is prohibited be maintained thereon and comply with all instructions and precautions provided by such labels.

Contrary to the above, as of March 26,1998, the licensee acquired, received, possessed, and used byproduct materialin devices pursuant to 10 CFR 31.5(a) and did not assure that labels affixed to the device at the time of receipt were maintained tre:aan and complied with all of the instructions and precautions provided by such labis. Specifically, the licensee possessed one Nuclear Data Systems, Inc. (NDS)

Model 1008 and four NDS Model 200 gauges containing sealed sources of americium- l 241 and the labels were not maintained in that they were not legible This is a Severity Level IV violation (Supplement VI).

Pursuaat to the provisions of 10 CFR 2.201, LTV Steel Company, Inc. is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region 1, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the correcAive steps that have been taken and the results achieved, (3) the corrective steps tha; will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addrestes the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for

! Information may be issued as to why the license should not be modified, suspended, or i revoked, or why such other action as may be proper should not be taken. Where good cause is

! shown, consideration will be given to extending the response time.

l If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001. Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to be 9905190108 990406 RE01 GA999 EMVITVSM 99990001 PDR

f Notice of Violation 2 LTV Steel Company, Inc.

placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

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