ML20247P293
| ML20247P293 | |
| Person / Time | |
|---|---|
| Issue date: | 06/02/1989 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20247P290 | List: |
| References | |
| EA-89-062, EA-89-62, NUDOCS 8906060148 | |
| Download: ML20247P293 (2) | |
Text
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t NOTICE OF VIOLATION AND 4
PROPOSED It! POSITION OF CIVIL PENALTY James River Corporation General License Tredegar Street (10CFR31.5)
Richmond, Virginia 23219 EA 89-62 On January 30, 1989, an NRC inspection was conducted at the James River Graphics Group facility in South Hadley, Massachusetts, to review the circumstances associated with the loss of radioactive material from this facility. The loss was reported to the NRC by the licensee. During the inspection, 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, 53 Fed. Reg. 40019 (October 13,1988), the Nuclear Regulatory Counission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2281, and 10 CFR 2.205. The particular violation and associated civil penalty is set forth below:
10 CFR 31.5(c)(8) requires that any person who acquires, receives, possesses, uses, or transfers byproduct material in a device pursuant to a general license shall transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license pursuant to Parts 30 and 32 of Title 10, Code of Federal Regulations or from an Agreement State to receive the device.
Contrary to the above, between October 4 and October 11, 1988, the licensee disposed of a generally-licensed static eliminator bur containing 22.5 milli-curies of americium-241, and'this transfer or disposel was not made to a person holding a specific license pursuant to Parts 30 and 32 of Title 10, Code of Federal Regulations or from an Agreement State to receive the device.
Specifically, the licensee improperly disposed of the device by transferring it to an unlicensed sanitary landfill.
This is a Severity Level III viol & tion.
(Supplement IV)
Civil Penalty - $1.250 Pursuant to the provisions cf 10 CFR 2.201, James River Corporation (licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Conrnission, within 30 days of the date of this Notice. This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation:
(1) admission or denial of the alleged violation; (2) H reasons for the violation if admitted, (3) the corrective steps that have been taken onc the results achieved, (4) the corrective steps that will be taken to avoid further violation, and (5) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, suspenced, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
i 8906060148 890605 IE GA999 ENVJRCC 99990001 PNV
Within the same time as provided for.the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, with a check, draf t, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S... Nuclear Regulatory Connission. Should the Licensee fail to answer within the time specified, an order. imposing _the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may:
(1) deny the violation listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or.(4) show other reasons why the penalty should not be imposed.
In acaition to protesting the civil penalty, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C, should be adcressed.. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g.,
{
citing'page anc paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
The response'to the Director, Officer of Enforcement, noted above (Reply to l
a Notice of Violation, letter with payment of civil penalty, and Answer to a i
L Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Centrol Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory i
Connission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.
FOR THE NUCLEAR REGULATORY COMMISSION d //
agr s
Hugh L. Thompson, Jr.,
De ty Executive Director for Nuclear Materials Safety, Safeguards and Operations Support Dated a Rockville, Marylano thisj ay of June 1989
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