ML20247J251

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Notice of Violation from Insp on 881115.Violations Noted: Licensee Did Not Maintain Ofc in Agreement State Where Licensee Held Specific License & Radiographic Activities Conducted in 1988 in Non-Agreement State of Ok
ML20247J251
Person / Time
Issue date: 03/30/1989
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20247J231 List:
References
15000015-88-02, 15000015-88-2, NUDOCS 8904050056
Download: ML20247J251 (1)


Text

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APPENDIX B NOTICE OF VIOLATION Mr. Robert L. Barnett Formerly dba Barnett Industrial X-Ray Docket: 15000015/88-02 Henryetta, Oklahoma License: General License (KS 21-R620-01)

During an NRC inspection conducted on November 15, 1988, a violation of NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), the violation is listed below:

1 10 CFR 30.3 states that except for persons exempt as provided in this part and Part 150 of this chapter, no person shall manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued pursuant to the regulations.

10 CFR 150.20(a) states that any person holding a specific license from an agreement state where the licensee maintains an office for directing the licensed activity, and at which radiation safety records are normally maintained, is granted a general license to conduct the same activity in nonagreement states.

Contrary to the above, the NRC inspectors found, on November 15, 1988, by interviewing the licensee, that the licensee did not maintain an office in the agreement state where the licensee held a specific license; that the licensee had conducted radiographic activities during 1988 in Oklahoma, a nonagreement state; and, therefore, that the licensee was not granted a general license under 10 CFR 150.20(a). Consequently, the licensee's radiographic activities in Oklahoma were unauthorized.

This is a Severity Level IV violation. (Supplement VI)

Normally, pursuant to the provisions of 10 CFR 2.201, Mr. Robert L. Barnett would be required to submit to this office, within 30 days of the date of the letter transmitting this Notice, a written statement or explanation in reply, including: (1) the reason for the violation if admitted, (2) the corrective steps which have been taken and the results achieved, (3) the corrective steps which would be taken to avoid further violations, and (4) the date when full compliance would be achieved. However, as stated in the transmittal letter, no reply is necessary.

l Dated at Arlington, Texas, this 30th day of March 1989.

1 s904050056 89033,0 PDR STPRG ESGO