ML20138G078

Notice of Violation Re .Violation Noted:Licensee Transferred Static Eliminator Device Containing Approx 10.2 Mcis of polonium-210 & Exceptions in 10CFR31.5(c)(9) Did Not Apply

ML20138G078
Person / Time
Issue date:	04/30/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20138G074	List: ML20138G069 ML20138G078
References
REF-QA-99990003-970430 NUDOCS 9705060170
Download: ML20138G078 (1)

Text

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NOTICE OF VIOLATION GENTEX Corporation General License (10 CFR 31.5)

Zeeland, Michigan Docket No. 999-90003 As a result of the letter dated October 31,1996, and in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (60 FR 34381, dated June 30,1995), the violation is listed below:

10 CFR 31.5(c)(8) requires, in part, that any person who acquires, receives, possesses, uses, or transfers byproduct material in a device pursuant to a generallicense shall, except as provided for in 10 CFR 31.(c)(9), transfer or dispose of the device containing byproduct material only by transfer to persons holding a specific license pursuant to 10 CFR parts 30 and 32 or from an Agreement State to receive the device.

Contrary to the above, sometime prior to October 31,1996, the licensee transferred (lost) a static eliminator device containing approximately 10.2 millicuries of polonium-210, and this transfer was not made to a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to receive the device, and the exceptions in 10 CFR 31.5(c)(9) did not apply. Specifically, the device was lost.

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

Pursuant to the provisions of 10 CFR 2.201, GENTEX Corporation 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 ill,801 Warrenville Road, Lisle, Illinois 60532-4351 within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a "Roply to a Notice of Violation" and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that wili 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 i correspondence adequately addresses the required response. If an adequate reply is not I 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 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. 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 l

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

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

Dated at Lisle, Illinois this30thday of April 1997 9705060170 970430 REG 4 GA999 ENVGENTX 99990003 PDR