United States Nuclear Regulatory Commission - Protecting People and the Environment

EA-98-492 - DAS Consult, Inc.

March 31, 1999

EA 98-492

A. Abdulshafi, Ph.D., President
DAS Consult, Inc.
P.O. Box 21540
Columbus, OH 43221


SUBJECT:   NOTICE OF VIOLATION AND TERMINATION OF LICENSE
                     (NRC Inspection Report No. 030-33414/98001(DNMS) and
                     NRC Office of Investigations (OI) Report No. 3-98-029)

Dear Dr. Abdulshafi:

Enclosed is a Notice of Violation (Notice) and Amendment No. 3 to NRC License No. 34-26551-01. License Amendment No. 3 terminates your license, as requested in your letter of August 24, 1998.

Based upon the information developed during the above-referenced inspection and investigation, and the January 5, 1999, predecisional enforcement conference, the NRC has determined that a willful violation of NRC requirements occurred. The violation involves the unauthorized transfer of byproduct material and is cited in the enclosed Notice. The circumstances surrounding the violation are described in detail in the subject inspection report issued on July 6, 1998.

Supplement VI of the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, which was the applicable Enforcement Policy at the time of the violation, categorizes violations involving improper transfer of byproduct material at Severity Level III. However, because the violation was deliberate, the severity level has been increased to Severity Level II, pursuant to Section IV.C. of the Enforcement Policy.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $4,400 is considered for a Severity Level II violation. Because DAS Consult, Inc. has suspended operation, divested itself of byproduct material, and requested termination of its license, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case.

A response to this letter is not required at this time. However, you may be required to respond to the violation identified in the Notice in accordance with 10 CFR 2.201 if, in the future, you wish to obtain another NRC license.

If you have any questions or require clarification on any of the information stated above, you may contact Toye Simmons of my staff at (630) 810-4375.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter and the enclosures will be placed in the NRC Public Document Room.


Sincerely,

Original Signed By

James E. Dyer
Regional Administrator

Docket No. 030-33414
License No. 34-26551-01

Enclosure  Notice of Violation


NOTICE OF VIOLATION

DAS Consult, Inc.
Dublin, Ohio
Docket No. 030-33414
License No. 34-26551-01
EA 98-492


During an NRC inspection conducted between June 19 and June 25, 1998, and an investigation conducted by the NRC Office of Investigations between June 29 and October 15, 1998, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, applicable at the time of the violation, the violation is listed below:

10 CFR 30.41(a) and (b)(5) require, in part, that no licensee may transfer byproduct material except to a person authorized to receive or possess such byproduct material under the terms of a specific or general license issued by the Commission or an Agreement State.
Contrary to the above, between January and June 1997, the licensee transferred six Troxler moisture density gauges, each containing a nominal 8 millicuries (0.296 gigabecquerels) of cesium-137 and 40 millicuries (1.5 gigabecquerels) of americium-241, to Diversified Global Enterprise Company, a person who was not authorized to receive or possess such byproduct material under the terms of a specific or general license issued by the Commission or an Agreement State.

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

Dated this 31st day of March 1999

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