ML20155K183

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Notice of Violation from Insp on 980818-19.Violation Noted: on 980603-04,licensee Used Byproduct Matl at Nasa Ames, Moffit Field,California,Without NRC Specific or General License & Not Exempted from Requirement for License
ML20155K183
Person / Time
Issue date: 11/09/1998
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20155K177 List:
References
15000004-98-14, NUDOCS 9811130125
Download: ML20155K183 (1)


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Enclosure 1 NOTICE OF VIOLATION l

! Testing Engineers, Inc. Docket No. 150-00004 Martinez, California License No. CA 3691-07 During an NRC inspection completed on August 18-19,1998, 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 part, that except for persons exempted, no person shall possess or use byproduct material except as authorized by a specific or general license issued pursuant to Title 10, Chapter 1, Code of Federal Regulations.

Contrary to the above, on June 3 and 4,1998, Testing Engineers, Inc., possessed and used byproduct material (8 millicuries cesium-137 and 40 millicuries americium-241) at NASA Ames, Moffit Field, California, an area of exclusive federal jurisdiction, without an NRC specific or general license and was not exempted from the requirement for a license.

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

Pursuant to the provisions of 10 CFR 2.201, Testing Engineers, Inc., 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 IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, 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 violations, or, if contested, the basis for disputing the violations, (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 achieved. 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 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 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, you must l specifically identify the portions of your response that you seek to have withheld and provide in l detail the bases for your claim of withholding (e.g., explain why the disclosure of information will l 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 9th day of November 1998 9811130125 981109 PDR STPRO ESGCA PDR