ML20199K789

Notice of Violation from Insp on 970930-1125.Violation Noted:Licensee Failed to File Form 241 Prior to Using Nuclear Gauges in Alaska

ML20199K789
Person / Time
Issue date:	02/04/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20199K754	List: IR 015000027/1997001 ML20199K789
References
15000027-97-01, 15000027-97-1, EA-97-614, NUDOCS 9802090019
Download: ML20199K789 (2)

Text

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9 NOTICE OF VIOLATION Westec Inc. Docket No.: 150-00027 Reno, Nevada License No.: Nevada 00-110197-01 EA 97-614 ,

During an NRC inspection concluded on November 25,1997, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1600, the violation is listed below:

10 CFR 30.3 requires in relevant part, that no person shall possess or use byproduct material except as authorized by a specific or general license issued by the NRC.

10 CFR 150.20(a) provides, in part, that any person who holds a specific license from an Agreement State is granted an NRC general license to conduct the same activity in non-Agreement States subject to the provisions of 10 CFR 150.20(b).

10 CFR 150.20(b)(1) requires, in part, that any person engaging in activities in non.

Agreement States shall, at least 3 days before engaging in each such activity, file four copies of NRC Form 241, " Report of Proposed Activities in Non-Agreement States,"

with the Regional Administrator of the appropriate NRC regional office.

Contrary to the above, from May 15,1997 to September 30,1997, Westec, Inc., a licensee of Nevada, used nuclear gauges in Alaska, a nonagreement State, and failed to file Form 241 with the NRC prior to engaging in such activity.

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

Pursuant to the provisions of 10 CFR 2.201, Westec, Inc., is hereby required to submit a written statement or explanation to the U.S. Nuclear Reg'alatory Ccmmission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to th; Regional Administrator, Region _, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achiaved.

Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response if an adequate reply is not 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 b3 given to extending the response time, if yGu contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001, and a copy to the Enforcement Officer, NRC Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, 9902090019 PDR 980204 GTPRO E'SONV PDR

e 2-Urner the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

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 placed in the PDR without redaction, 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 such information if you request withholding of such material, youjInst specifically identify the portions of y.our response that ycu 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.

. Dated at Arlington, Texas this 4th day of February 1998

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