ML20246F278

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Advises That NRC Agreed to Reconsider Position on Distribution of Lightning Rods Containing Source Matl & No Enforcement Action Will Be Taken During Reconsideration Period
ML20246F278
Person / Time
Issue date: 05/03/1989
From: Kammerer C
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:
AFFILIATION NOT ASSIGNED
Shared Package
ML20245C323 List:
References
FOIA-89-182 NUDOCS 8905120185
Download: ML20246F278 (1)
v • d • e


Text

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MAY 3 1989 l

kLAGREEMENTSTATESANDNON-AGREEPENTSTATES LIGHTNING RODS CONTAINING SOURCE MATERIAL On April 3,1989 we advised you that lightning rods cor.taining source material were being distributed and of the NRC's technical and legal j

view that the distribution was not authorized. Subsequently, the Agency having jurisdiction, the New York State Department of Labor, l

ordered the distribution to cease.

In response, the distributor requested NRC to stay the Order and presented arguments for its case (enclosure 1).

NRC did not issue the Order to the distributor and, therefore, there is nothing to be " stayed" by NRC and so informed thedistributor(enclosure 2).

NRC has however agreed to reconsider its position and informed the distributor that during the reconsideration period NRC would not institute any enforcement actions based upon violations of 10 CFR 40.3, 40.13, 40.22, and 40.51.

In' view of this development, the Order issued by New York has been terrperarily stayed by them, awaiting a decision from NRC.

We are quite aware of the continued interest in this matter and will continue to keep you informed of developments.

original syned by Carlton Kammerer Carlton Kar:rnerer, Director State, Local and Indian Tribe Programs Office of Governmental and Public Affairs

Enclosures:

As stated Distribution:

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Attactnent 6 1

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State of Michigan, Department of j

Public Health

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Bureau of Environmental and

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Occupational Health j

ATTN:

Mr. Lee E. Jager, P.E.

Chief 3500 N. Logan Pcst Office Box 30035

{

Lansing, MI 48909

Dear Mr. Jager:

)

This refers to your letter dated October 11, 1988, pertaining to the use of j

radioactive materials in lightning rods.

In your letter, you requested 1

information regarding NRC policy on the use of radioactive traterials in

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lightning rods and inquired if the NRC had ever perfomed risk assessments on these devices. Since your request does pertain to NRC policy, we have l

forwarded your letter to our headquarters program office for their assistance.

We will notify you of the NRC policy as determined by the progrant office as soon as that information becomes available.

In an effort to evaluate the health and safety or regulatory aspects of these devices being distributed by a company in New York, we have been in contact with our Region ! Agreement State Officer, the Heary Brothers Corporation, and

. the New York Department of Labor.

Information which we currently have available is that Heary Brothers has distributed lightning rods containing l

thorium-232.

In' discussions with the New York Department of Labor, we have been informed t

that the Heary Brothers Corporation is currently undergoing an inspection, and the issue of lightning rod distribution will be pursued during the. course of the inspection to determire such things as types of radioactive materials being used and under what provisions the material is authorized.

If there is any 4

significance to their findings, we will infom you as soon as that information i

is made available.

)

If you have any questions pertaining to the above, or if we can be of any further assistance, please contact me at (312) 790-5666 j

Since rely,

Roland Lickus, Chief State & Government Affairs bcc:

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A GMme11t INCIDENT

SUMMARY

Fourth Quarter 1988 Texas Department of Health l

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,c-515 - Radioactive Lightning Rods - Heary Brothers - Various Sites h'

Throughout Texas (Springville, N. Y.)

i On September 28, 1988, the Agency received a complaint alleging that the Heary Brothers (HBS) vere selling lighting rods in Texas containing radium-r 226.

Agency inspectors visited one location reported to have been using l'

one of the lightning rods.

A placard on the lightning rod stated that it contained up to 80 microcuries of radium-226. The Agency's investigation l

determined that HBS had been given an exempt license by the New York Health Department, Bureau of Environmental Radiation Control.

It was determined h

that the Texas Regulations for Control of Radiation did not provide for I

exempt quantities of radium-226.

The Agency notified HBS that they would not be allowed to distribute any additional lightning rods containing l i radium-226 in Texas and would most likely be required to remove any p

lightning rods containing radium-226. HBS stated that they are no longer using radium-226 and are using thorium-232. The Agency notified the United f

States Nuclear Regulatory Commission (NRC) concerning the lightning rods and requested that they check to see if the BBS are required to possess a

NRC license to distribute the lightning rods containing either radium-226 or thorium-232.

File Open.

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C-516 - Operations of X-Ray Equipmen h

/f d, Monitoring - Johnson Space Center (N On October 14, 1988, the Agency rec security supervisor required indivi personnel monitoring to operate a p used to x-ray suspicious items for The supervisor was contacted and he same complaints. The supervisor st once in the last two years and the training on the unit.

Personnel personnel operating the unit. The i time and was informed of what the st since it was a federal facility, the File Closed.

C-517 - Nurses Ordering X-Rays - Hopkins County Memorial Hospital - Sulphur h

Springs, Texas d

On October 3, 1988, an employee of the Registrant notified the Agency that p

nurses vere ordering x-rays at the hospital. An Agency investigation of 1

the complaint is continuing.

File Open.

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FYT Sol 3 CA-JascHLt. FLeesCMMANN & MUGEt ATTekseste AT law Nonstae Switoing hrttet Feveefasse PutA WWFFA40. New Yeng M30s.3333 1

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'* * * """'d" Deceedwr 22, 1933 Mr. Robert H. Wolle, Director Division of Occupational and Radiological Health Department of Public Health 127 Cordell Hull State office. Building Washv1110, Tennesee 37219 Res Lightning Frotection Terminale Containlag Radium-226 Dear t.r. Wolle Protection Co.This law fira represents Henry aros. Lightning which are corpo, rations owned and operatedInc. and Lightning Freventor o the Heary family of Springville, New York.

We have been asked our clients to provida you with certain information which bort Kelly of the Division of Occupational Safety and Health of the New York state Department of Labor has asked be transmitted to our client's license froaa the State of New York.you pursuant to Thls license, a copy of which is enciesed, governs the installation of lightning protection terminals (

  • Lightning Preventor Products") containing radium-226.

The Lightning Preventor Froduc'

.U ly manufactured and distribu':ed by Lightning Freventor of America, Inc.

While the product has in the past contained radium-226, the product currently distributed by our client contains thorium-232.

Thorium-232 has been exclusively used in the product for over two jj l

years. As you may know, thorium-232 is regulated under the Atomic Energy Act under which there have been presulg'ated regulations establishing e general license for the sale and flistribution of products containing the very limited amounts of thorium which are present in this product.

In the pa't, radium-226 as its energiring source.the Lightning Preventor Product employed s

Installations of units containing radium-226 were made pursuant to a license issued by the State of New York. This license remains in effect and, a sientioned above, we have enclosed a copy for your informat jflf4 T

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.t Our client previously won unded the impression that installation made of units containing radium-226 under this 11censo did not require notification to local state licensing agencies, while such notice to state agencies has now been rendered moet b reason of the substitution of federally' regulated thorium y232 for state-regulated radiurn 275, we are happy to inform you of the following projects in your state upon~shich lightnin terminals containing redlua-226 have been installed:g protection ELglect and Locatg ggfgggg Memphis East Holiday Inn S795 Poplar Street Hemphis, TN 1s you should htve any further questions, please do not hesitate to contact us.

SLnoerely, JAFCKLs, rLsI5POUuns 4 Mucat, n' e A

Linda H. Jo,7p Byn seph LHJ/jt j

Enclosure ces Mr. Kenneth P. Heary Mr. Edwin W. Heary t

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