ML20236Q179

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $26,400.Violation Noted:Between 1989 & March 1998,company Received & Possessed Approx 70,000 Timepieces, Containing Up to 3.1 Mci of Tritium W/O Valid NRC License

ML20236Q179
Person / Time
Issue date:	07/10/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20236Q167	List: ML20236Q165 ML20236Q179
References
REF-QA-99990001-980710 99990001-98-02, 99990001-98-2, EA-98-163, NUDOCS 9807200054
Download: ML20236Q179 (3)

Text

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ENCLOSURE I NOTICE OF VIOLATION l AND PROPOSED IMPOSITION OF CIVIL PENALTIES Breitling USA, Inc. Docket No. 999-90001 Stamford, Connecticut License No. N/A l

EA 98-163 During an NRC inspection on March 10,1998, violations of NRC requirements were identified.

in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy), NUREG-1600, the NRC proposes civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282 and 10 CFR 2.205. The violations and associated civil penalties are set forth below:

A. 10 CFR 30.3 requires, in part, that except for persons exempt, no person shall receive, acquire, own, possess or use byproduct material except as authorized in a specific or general license issued pursuant to Title 10, Chapter 1, Code of Federal Regulations.

10 CFR 30.15(a) provides, in part, that persons who initially transfer for sale or distribution timepieces containing byproduct material are not exempt from the requirements for a license.

Contrary to the above, between 1989 and March 1998, Breitiing USA, Inc., received and possessed approximately 70,000 timepieces (watches), containing up to 3.1 millicuries of tritium per timepiece, without a valid NRC possession license, and was not exempt from the requirements for a license, since it received the timepieces from its parent company in Switzerland and distributed them to jewelry shops in the United States. (01012)

This is a Severity Level ll Violation (Supp!ement VI).

Civil Penalty - $13,200 B. 10 CFR 30.3 requires, in part, that except for persons exempt, no person shall transfer byproduct material except as authorized in a specific or general license issued pursuant to Title 10, Chapter 1, Code of Federal Regulations.

10 CFR 30.15(a) provides, in part, that persons who initially transfer for sale or distribution timepieces containing byproduct material are not exempt from the requirements for a license.

Contrary to the above, between 1989 and March 1998, Breitling USA, Inc.,

transferred (distributed) approximately 70,000 timepieces (watches), containing up to 3.1 millicuries of tritium per timepiece, without a valid NRC distribution license, and ,

was not exempt from the requirements for a license, since it received the timepieces i from its parent company in Switzerland and distributed them to jewelry shops in the United States. (01022)

This is a Severity Level 11 Violation (Supplement VI).

Civil Penalty - $ 13,200 9807200054 900710 8 REG 1 GA999 EMV***** b 99990001 PDR g

Enclosure 2 Pursuant to the provisions of 10 CFR 2.201, Breitling USA, Inc. is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: i Document Control Desk, Washington, D.C. 20555-0001, with a copy to the Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Notice of Violation and Proposed Imposition of Civil Penalties (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (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 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.  :

i If you contest this enforcement action, you should also provide a copy of your response to James Lieberman, Director, Office of Enforcement, United States Nuclear Regulatory  ;

Commission, Washington, DC 20555-0001. Under the authority of Section 182 of the Act, ,

42 U.S.C. 2232, this response shall be submitted under oath or affirmation. l Within the same time as provided for the response required above under 10 CFR 2.201,the Licensee may pay the civil penalties by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalties in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Ucensee fail to answer within the time specified, an order imposing the civil penalties will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasor.s why the penalties should not be imposed. In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.

In requesting mitigation of the proposed penalties, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalties.

Upon failure to pay any civil penalties due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

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Enclosure 3 The response noted above (Reply to Notice of Violation, letter with payment of civil penalties, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852-2738,with a copy to the Regional Administrator, U.S.

Nuclear Regulatory Commission, Region 1.

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 muilt 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.

l Dated at King of Prussia, Pennsylvania this 10th day of July 1998 l

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