ML20148Q722
| ML20148Q722 | |
| Person / Time | |
|---|---|
| Site: | 03020372 |
| Issue date: | 06/27/1997 |
| From: | Prange B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| References | |
| 50-23214-01, 572487, NUDOCS 9707070195 | |
| Download: ML20148Q722 (18) | |
See also: IR 05000232/2014001
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FORM 374 U.S. NUCLEAR REGULATORY COMMISSION
MATERIALS LICENSE g (8 ,
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3 Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 (Public g L
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- Federal Regulations, Chapter I, Parts 30,31,32,33,34,35,36,39,40, and 70, and in reliance on statements and representations heretofore m
by the licensee, a license is hereby issued authorizing the licensee to receive, acquire, possess, and transfer b
material designated below; to use such material for the purpose (s) and at the place (s) designated below; to deliver or transfer such material to
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persons authorized to receive it in accordance with the regulations of the applicable Part(s).This license shall be deeme
specified in section 183 of the Atomic Energy Act of 1954, as amended, and is subject to all applicable rules, regulations, and order
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Nuclear Regulatory Commission now or hereafter in effect and to any conditions specified below.
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( 10. Licensed material shall be used only at the licensee's facilities located at E
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UNITED STATES
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REGION IV
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Healthsouth' Diagnostic Centers .
of Anchorage, LTD.
-ATTN: John J. McCormick
Radiation Safety Officer
4003 Lake Otis Parkway, #101
Anchorage, Alaska 99508 '
.
SUBJECT: ' LICENSE AMENDMENT AND NOTICE OF VIOLATION
.
Please find enclosed License No. 50-23214-01. You should review this license carefully
^ gnd be sure that you understand all conditions.
Please note that as part of this amendment, in accordance with 10 CFR 30.36, effective
February 15,1996, the expiration date of your license has been extended by a period of
five years. Your new expiration date is stated in item 4 of the license. If you have any
questions,'you may contact the reviewer who signed your license at (510) 975 0250.
.
NRC expects licensees to conduct their programs with meticulous attention to detail and a
54
high standard of compliance. Because of the serious consequences to employees and the
public which can result from failure to comply with NRC requirements, you must conduct
your program involving radioactive materials in accordance with the conditions of your NRC
license, representations made in your license application, and NRC regulations. In
particular, note that you must:
1. Operate in accordance with NRC regulations 10 CFR Part 19, " Notices, Instructions
and Reports to Workers: Inspection and investigations," 10 CFR Part 20,
" Standards for Protection Against Radiation," and other applicable regulations.
2. Possess radioactive material only in the quantity and form indicated in your license.
3. Use radioactive material only for the purpose (s) indicated in your license.
4. Notify NRC in writing of any change in mailing address (no fee required if the
location of radioactive material remains the same).
5. Request and obtain written NRC consent before transferring your license or any
right thereunder, either voluntarily or involuntarily, directly or indirectly, through
transfer of control of your license to any person or entity. A transfer of control of
your license includes not only a total change of ownership, but also a change in the
controlling interest in your company whether it is a corporation, partnership, or
other entity, in addition, appropriate license amendments must be requested and
obtained for any other planned changes in your facility or program that are centrary
to your license or contrary to representations made in your license application, as
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Heathsouth Diagnostic Centers -2-
of Anchorage, LTD.
well as supplemental correspondence thereto, which are incorporated into your
license. A license fee may be charged for the amendments if you are not in a
fee-exempt category.
6. Maintain in a single document, decommissioning records that have been certified for
completeness and accuracy listing all the following items applicable to the license:
- Onsite areas designated or formerly designated as restricted areas as defined
in 10 CFR 20.3(a)(14) or 20.1003.
- Onsite areas, other than restricted areas, where radioactive materials in
quantities greater than amounts listed in Appendix C to 10 CFR
, 7 20.1001 20.2401 have been used, possessed, or stored.
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- Onsite areas, other than restricted areas, where spills or other unusual
occurrences involving the spread of contamination in and around the facility,
equipment, or site have occurred that required reporting pursuant to
10 CFR 30.50(b)(1) or (b)(4), including areas where subsequent cleanup
procedures have removed the contamination.
- Specific locations and radionuclide contents of previous and current burial
areas within the site, excluding radioactive material with half-lives of 10 days
or less, depleted uranium used only for shielding or as penetrators in unused
munitions, or sealed sources authorized for use at temporary job sites.
- Location and description of all contaminated equipment involved in licensed )
4 operations that is to remain onsite after license termination.
7. Submit a complete renewal application with proper fee, or termination request at i
least 30 days before the expiration date on your license. You will receive a
reminder notice approximately 90 days before the expiration date. Possession of ;
radioactive material after your license expires is a violation of NRC regulations. l
8. Request termination of your license if you plan to permanently discontinue activities
involving radioactive material.
You will be periodically inspected by NRC. Failure to conduct your program in accordance I
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with NRC regulations, license conditions, and representations made in your license
application and suppic. mental correspondence with NRC will result in enforcement action l
against you. This could include issuance of a notice of violation; imposition of a civil
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penalty; or an order suspending, modifying, or revoking your license as specified in the
" General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement
Policy), 60 FR 34381, June 30,1995.
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Heathsouth Diagnostic Centers -3-
of Anchorage, LTD.
This letter also responds to your letter dated' April 8,1997, to your letter received
May 15,1997, and to your letter dated May 21,1997, wherein the NRC was informed of ~
the direct transfer of License 50-23214-01, effective February 3,1997. We find that the -
information supplied by Healthsouth Diagnostic Centers of Anchorage, LTD. was sufficient
to make a finding that the transfer was in accordance with the Atomic Energy Act of
1954, as amended. However, the license transfer should not have _taken place until the
NRC had given its written consent, as required by 10 CFR 30.34(b).
Therefore, enclosed with this letter is a Notice of Violation (Notice) based ~on failure to !
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obtain prior written consent from NRC to this license transfer. Your actions in response to
this matter were considered appropriate and we are nol requiring you to resoond to the
- Notice.
Should you have any questions regarding this matter, feel free to contact Beth Prange of
my staff at 510-975-0250.
Sincerely,
'
Frank A. Wenslawski, Chief
Materials Branch
Docket: 030-20372
License: 50-23214-01
Control: 572487
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Enclosures: As stated
cc w/ enclosures:
State of Alaska
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ENCLOSURE
NOTICE OF VIOLATION
Healthsouth Diagnostic Centers Docket No. 030-20372
of Anchorage, LTD. License No. 50 23214-01
Anchorage, Alaska
During the NRC's review of the licensee's submit, I dated April 8,1997, which requested
a narar change on License 50-23214-01, a violation of NRC requirements was identified.
In a:cwdence with the " General Statement of Policy and Procedure for IJRC Enforcement
.. a ' NUREG 1600, the violation is listed below:
10 CFR 30.34(b) states, in part, that no license issued or granted pursuant to
j
- the regulations in this part and Parts 31 through 36, and 39, nor any right
under a license shall be transferred, assigned or in any manner disposed of
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either voluntarily or involuntarily, directly or indirectly, through transfer of
control of any license to any person, unless the Commission shall, after
securing fullinformation, find that the transfer is in accordance with the
provisions of the Atomic Energy Act of 1954, as amended, and shall give its
consent in writing.
Contrary to the above, effective February 3,1997, a direct transfer of License
No. 50-23214-01 occurred. This direct transfer consisted of a purchase of the
i
assets and liabilities of Anchorage Diagnostic Imaging Center, Inc. by
l Healthsouth Diagnostic Center, Inc. As dictated in the agreement, a limited
partnership was formed, Healthsouth Diagnostic Centers of Anchorage, Ltd.
This joint venture has full responsibility for the NRC license. This direct license
transfer was made without first providing NRC an opportunity to determine
whether the transfer was in accordance with the provisions of the Act and to
,
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l consent in writing to the transfer.
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This is a Severity Level IV violation (Supplement VI).
The NRC has concluded that information regarding the reason for the violation, the
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corrective actions taken and planned to correct the violation and prevent recurrence and
the date when full compliance was achieved is already adequately addressed on the
docket. However, you are required to submit a written statement or explanation pursuant
to 10 CFR 2.201 if the description therein does not accurrely reflect your corrective
actions or your position. In that case, or if you choose to respond, ciearly mark your
response as a " Reply to a Notice of Violation," and send it to the U. S. Nuclear Regulatory
Commission, ATTN: Document Control Desk, Washington D.C. 20555 with a copy to the
Regional Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas j
76011, within 30 days of the date of the letter transmitting this Notice of Violation. I
If personal privacy or proprietary information is necessary to provide _an acceptable
response, then please provide a bracketed copy of your response that identifies the
information that should be protected and a redacted copy of your response that deletes
_ _ - - _ _ - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ - _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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such information. if you request withholding of such material, you mg.g specifically
identify the portions of your response that you' seek to have withheld and provide in detail-
the bases for your' claim of withholding (e.g. explain why the disclosure of information will
.
create.an unwarranted invasion of personal privacy or provide the information required by
- 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial.
Information). . If safeguards information is necessary to provide 'an acceptable response,
- please provide the level of protection described in 10 CFR 73.21.
Date ' Walnut Creek, California
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XE4ITESSFTX Diagnostic Centers of AnchoragegtIDo
HRC
4003 Lako Otis Parkway, Suite 101 Anchorage, Alaska 99508-5270'lV WCF0
Clinic: 907-563 3493 Fax: 907 561-2596 Business Office: 4
907-562-6654,.fgc,,9Q7
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5-21-97
Nuclear Regulatory Commission
Region IV,' Walnut Creek Field Omce
1450 Maria Lane
Walnut Creek , CA 94596-5368
Attention: Beth A. Prange
RE: Healthsouth Diagnostic Centers of Anchorage, Ltd.
Control # - 572487
Dear Ms. Prange,
This letter is in response to your FAX dated May 16,1997 regarding our change in ownership.
1. All records referenced in 10 CFR 30.35(g) were transferred to the new owner, Healthsouth Diagnostic l
Centers of Anchorage, Ltd.
1
2. The new owner, Healthsouth Diagnostic Centers of Anchorage, Ltd., accepts full liability for the site l
listed on our Byproduct Radioactive Materials License. l
If any additional infonnation is needed, please do not hesitate to contact me at (907) - 563-3493.
Sincerely, I
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John J. McCorrnick, M.D. Theresa M. Ilanis, Administrator
Radiation Safety Omcer Healthsouth Diagnostic Centers
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FORMERLY; " Anchorage Diagnostic Imaging Center, Inc." & *Chugach Outpatient X Ray Services"
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U.S. NUCLEAR REGULATORY COMMISSION
[NRC FORM 386
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TELECOPIER TRANSMITTAL
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WARNING: f40st facsimile machines produce copies on thermal paper. The image produced is highly
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a record.
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RETURN TO SENDER
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E[8E[8 Diagnostic Centers of Ancho t@.
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. 4003 Lake Otis Parkway, Suite 101 * Anchorage, Alaska 99W WCF0
Clinic: 907-563 3493 Far 907-561-2596 BusinessOffice: 907-562@5gqx;.90ffi63-6195 _
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Nuclear Regulatory Commission
Region IV, Walnut Creek Field Office
1450 Maria Lane
Walnut Creek , CA 94596-5368
Attention: Beth A. Prange
RE: Control number: 572487
Transfer of Ownership
Dear Ms. Frange:
This letter is to notify the NRC of the transfer of ownership of Anchorage Diagnostic Imaging Center to
ficalthsouth Diagnostic Centers of Anchorage, Ltd. The following paragraphs correspond to the notice
requirement outlined in NRC Infonnation Notice 89-25, Rev.1:" Unauthorized Transfer of Ownership or
Control of Licensed Activities." The answers to the questions in Attachment 1 of the above information
notice are listed below.
l. De new name of the licensed organization is llEALTilSOUTil DIAGNOSTIC CENTERS OF
ANCliORAGE, LTD.
2. The new licensee's contact person still remains John McCormick, M.D., Radiation Safety OfTicer. Dr.
McCormick was RSO for Anchorage Diagnostic Imaging Center. The telephone number remains (907)
563 3493.
3. The management of the organization has changed with the sale of Anchorage Diagnostic Imaging
Center. The president of the new organization is Russell Maddox. As stated earlier the Radiation Safety
Officer, John McCormick, M.D. will remain in that capacity. As it currently stands, all authorized users on ,
the license are current and are to remain on the license. Any changes to the above as it concerns the RSO or j
authorized users will result in an amendment or notification to the NRC, as appropriate.
1
4. The transferor will remain in non-licensed business without the license.
5. On February 3 and backdated to February 1,1997, llealthsouth Diagnostic Center, Inc. purchased all )
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assets and liabilities of Anchorage Diagnostic Imaging Center, Inc. No actual stock transfer was
accomplished at this time. As dictated in the agreement, a limited partnership was formed, llealthsouth
Diagnosti -a of Anchorage, Ltd. The principals of Anchorage Diagnostic Imaging Center, Inc.,
George 11. Ladyman, M.6., James L. Faries, M.D., and John J. McCormick, M.D. became limited partners
in llealthsouth Diagnostic Centers of Anchorage, Ltd. The joint venture is 80% llealthsouth and 20% Drs. j
1
Ladyman, Faries, and McCormick. Drs. Ladyman, Faries, and McCormick retain full responsibility for
professional management of the facility, professional radiology services, and the continued management of l
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the NRC license and all radioactive materials in our posession.
6. The new organization (additional owners) will be the on!y change to the license. He location, facility, ,
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equipment, and procedures will remain the same.
FORMERLY: " Anchorage Diagnostic Imaging Center, Inc." & "Chugach Outpatient X-Ray Services"
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7. There will be no changes in the use, possession, location, or storage of licensed materials from that
previously submitted with our license application. ;
8. There will be no changes in location, facilities, equipment, procedures, or personnel with the transfer of
ownership that would require a license amendment.
9. All records ( e.g. calibrations, leak tests, surveys, inventories, and accountability requirements) were
current at the time of transfer. This includes all records required by our license conditions and 10 CFR.
10. De specific license for Ancisrage Diagnostic Imaging Center does not meet the requirements of 10
CFR 30.35 for submitting a decommissioning funding plan.
I 1. There was no known contamir.ation present at the time of the transfer of ownership.~
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12. There are no decontamination plans which would require financial assurance arrangements of the
. transferee.
13. The transferee, Ilealthsouth Diagnostic Centers of Anchorage, Ltd. , agrees to abide by all the-
commitments and representations previously made to the NRC by Anchorage Diagnostic Imaging Center.
This would include any open inspection items. The last inspection of Anchorage Diagnostic Imaging
Center was on August 29 and 30,1995. The two violations have been addressed.'
14. ' Anchorage Diagnostic Imaging Center and Healthsouth Diagnostic Centers agree to the change in
ownership and control of the licensed material and activity and the conditions of transfer. Ilealthsouth
'
Diagnostic Centers has been made aware of any open inspection items, as alluded to in the response to
- Question 13 above,
15.. llealthsouth Diagnostic Centers, as transferee commits to abide by all constraints, conditions,
.
requirements, representations, and commitments identified in the existing license.
,
lie i south Diagnostic Cen se n .orage, Ltd.
By:_ _ ANA n u
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Anchorage Diagnostic Imaging Center
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UNITED STATES
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, 'i . NUCLEAR REGULATORY COMMISSION
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REGION IV
kt Walnut Creek Field Office
4,,,,, 1450 Maria Lane
Walnut Creek, Califomia 94596-5368
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Anchorage Diagnostic Imaging Center, Inc.
l ATTN: Kay Ladyman
!- Administrator
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4003 Lake Otis Parkway, Suite 101
Anchorage, Alaska 99508-5211
.
SUBJECT: ACKNOWLEDGMENT OF REQUEST FOR LICENSING ACTION
, .
REFERENCE: Letter dated April 8,1997
.
,
DWe have completed the administrative review and initial processing of your application.
- ' During the initial processing, some deficiencies were identified. Please provide us with
answers to the questions in Attachment 1 to NRC Information Notice 89-25, Rev.1 (copy ;
,
enclosed). This information should be provided within 30 days from the date of this letter,
so that your request can be forwarded for technical review. Please note that the technical
l review may identify additional omissions in the submitted information or technical issues .
j'
- that require additional information. l
1
Amendment actions are normally processed within 90 days, unless the technical review
L identifies:
- Major technical deficiencies
- Policy issues that require input and coordination with other NRC Regional offices,
1 Agreement State offices, or NRC's Office of Nuclear Materials and Safeguards
A ccpy of your correspondence has been forwarded to our License Fee and Accounts
' Receivable Branch, Office of the Controller, who will contact yau separately if the !
l appropriate license fee has not been submitted for your request, or for billing if your
request is subject to full cost recovery.
I Any correspondence about this application should reference the Control number listed
below.
. Sincerely,
.
- W G, M* 4
,
Beth A. Prange
- Sr. Health Physicist (Licensing)
Materials Branch
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Docket No.- 030-20372
License No. 50 23214-01
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Control No. 572487
Enclosure: As stated
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To receive a copy of this document, indicate in the box "C" - Copy withcut
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attachment / enclosure ."E" - Copy with attachment / enclosure "N" - No Copy
OFFICE RIV:WCFO:NMLB !N N
NAME J. Garcia ' h B. Prange 8[
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HEALTHSOUTH,
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HEALTHSOUTH DIAGNOSTIC CENTERS OF ANCHORAGE, LTD.
4003 LAKE OTIS PARKWAY SUITE 101
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ANCHORAGE, ALASKA 99508-5211 y,g j( gb_,4y(
(Formerly Anchorage Diagnostic Imaging Center. Inc.) t !T*
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April 8, 1997 ( __21
,
U. S. Nuclear Regulatory Commission
Region IV
Nuclear Material Safety Section
61' Ryan Plaza Drive, Suite 400
Arlington, Texas 76011-8064
RE: Radioactive Materials License #50-23214-01/ Anchorage Diagnostic Imaging
Center, Inc. NAME AND OWNERSHIP CHANGE.
To whom it may concern:
The purpose of this amendment is to change the facility name and ownership of the
site listed on this Radioactive Materials License.
We request that the name for this license be changed to HEALTHSOUTH DIAGNOSTIC
CENTERS OF ANCHORAGE, LTD. The new owner is Healthsouth Diagnostic Centers,
1 Healthsouth Parkway, Birmingham, AL 35243. The current location of use, 4003
Lake Otis Parkway, Suite 101, Anchorage, AK, remains the same.
In_ addition, please remov_e, Ronald O. Shriver, M.D. as an authorized user on the
license.
All other items concerning this byproduct materials license remains unchanged
at this time. Pleace contact Tom Scott, CNMT, or Jeff Kirk, BSRT, CNMT at
(907)S63--3493 if additional information is required. I thank you in advance for
your prompt attention regarding this matter.
Respectfully,
(/
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Kay adyman ,
Administrator
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. Enclosure: Anchorage Diagnostic Imaging Center Check #4174 in the i
amount of $440.00 l
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