ML20248J901
| ML20248J901 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1998 |
| From: | Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Lindquist K AFFILIATION NOT ASSIGNED |
| References | |
| 15000031-98-03, 15000031-98-3, EA-98-292, NUDOCS 9806090353 | |
| Download: ML20248J901 (3) | |
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June 3, 1998 Docket No. 150-00031 NY License No. 2684-3943 i
Kenneth O. Lindquist, Ph.D.
Radiation Safety Officer Northeast Technology Corporation 130 North Front Street Kingston, New York 12401
SUBJECT:
INSPECTION NO. 150-00031/98-003 AND l
f EXERCISE OF ENFORCEMENT DISCRETION
Dear.Dr. Lindquist:
In a letter dated May 4,1998, the State of New York notified Northeast Technology Corporation (NETCO) that they had been made aware of a situation in which NETCO brought its licensed californium-252 sealed source into the jurisdiction of the Nuclear Regulatory Commission (NRC), without filing for reciprocity. A copy of this letter was forwarded to the NRC. As a result, a telephone conversation took place between you and Eric H. Rober of our staff on May 21,1998. During this telephone conversation, the NRC determined that a violation of 10 CFR 150.20 occurred when NETCO used a sealed source (originally containireg 10 millicuries of californium-252 in January 1995) in the spring of 1995 and in December of 1996 at Pennsylvania State University, State College, Pennsylvania without filing for reciprocity prior to conductirig these activities as required.
A violation of NRC requirements for failing to file for reciprocity could be considered for escalated enforcement and subject to a civil penalty. - However, after consultation with the Acting Director, Office of Enforcement, I have been authorized to not issue a
' Notice of Violation and not propose a civil penalty irl this case in accordance with Section Vll.B.6 of the " General Statement of Policy and Procedures for NRC
' Enforcement Actions," (Enforcement Policy), NUREG 1600, Rev.1, based on your uncertainty of the need to file for reciprocity in this situation.
However, a failure to file for reciprocity in the future will be subject to enforcement action. Also, if you are unable to provide the three-day notice required by 10 CFR 150.20, you may seek telephone authorization to proceed from the Regional Administrator of the NRC Region i Office, and then make the appropriate written filing
.within three days.
I 9906090353 980603 PDR STPRO ESGN RETIJPJJ Cmmu m REGloil l.
ggg
K. O. Lindquist, Pn.D.
2 You are not required to respond to this letter.
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 will be placed in the Public Document Room (PDR).
Your cooperation with us is appreciated.
Sincerely, Hu ert. Mill b
{
Regional Administrator
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Enclosure:
Docket No. 150-00031 I
NY License No. 2684-3D'Or-I l
cc:
State of New York Commonwealth of Pennsylvania t'
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K. O. Lindquist, Ph.D. Distribution:
' PUBLIC Nuclear Safety Information Center (NSIC)
Region 1 Docket Room (w/ concurrences)
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