IR 05000027/2004201
| ML042300282 | |
| Person / Time | |
|---|---|
| Site: | Washington State University |
| Issue date: | 08/20/2004 |
| From: | Beckner W NRC/NRR/DRIP/RNRP |
| To: | Petersen J Washington State Univ |
| Bassett C, NRR/DRIP/RNRP 404-562-4899 | |
| References | |
| EA-04-147 | |
| Download: ML042300282 (3) | |
Text
August 20, 2004
SUBJECT:
REPLY TO NOTICE OF VIOLATION - NRC INSPECTION REPORT NO. 50-027/2004-201
Dear Dr. Petersen:
This is in reference to the Washington State University (WSU) July 27, 2004, response to the Notice of Violation which was issued on June 28, 2004. The violations involved failure to comply with requirements for shipping radioactive material contained in 10 CFR Part 71 and 49 CFR 171-189. We have reviewed your response and found that the requirements of 10 CFR 2.201 were met.
In the July 27, 2004, response, WSU described the reasons for the violations, the corrective actions that were taken in response to the violations, and the fact that WSU was in full compliance with the appropriate regulations in 49 CFR. However, WSU questioned the characterization of the noncompliances, and stated its belief that Violation A should not have been a violation. In summary, the basis for WSUs position is that the required information was listed on the shipping documents contrary to what the violation stated.
Based on WSUs response, we have re-evaluated our characterization of the two violations as cited violations. Violation A stated that, during the period from June 2002 to June 2004, no Transport Index was listed on the shipping papers of 28 shipments of packages of radioactive material bearing Yellow II labels made to various recipients. In the July 27, 2004, response WSU stated that all the referenced shipping papers had the Transport Index, which is equivalent to the radiation level measured at one meter, printed clearly on the label and the shipping papers. WSU also indicated that the materials (shipping papers) contained a Radiation Level 1 m indicator, but that this was not designated as the Transport Index and that all the required information was clearly indicated (on the shipping papers).
The NRC agrees that the Transport Index is equivalent to the radiation level measured at one meter from a container of radioactive material. However, 49 CFR Part 172.203(d)(6) requires that the Transport Index be listed on the shipping paper. It is the NRC's position that the Transport Index should be designated as such on the shipping paper in the form of a dimensionless number (i.e., T.I. = 1.4 as an example). By clearly listing the Transport Index on the shipping paper, there should be no confusion about what the number actually means. It is also understood that person specifically trained in interpreting the shipping requirements for radioactive material would know that the one meter radiation level was equivalent to the Transport Index. However, a person transporting the packaged material would probably not be trained to recognize that fact. Specifically listing the Transport Index as such on the shipping paper precludes any confusion about the issue.
-2-August 20, 2004 For the reasons mentioned above the violation stands as stated. If you have any questions regarding this matter, please contact Mr. Patrick M. Madden, Chief, Research and Test Reactors Section, at 301-415-1188.
In accordance with 10 CFR 2.390 of the NRCs "Rules of Practice," a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at (the Public Electronic Reading Room) http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/
William D. Beckner, Program Director New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No.50-027 License No. R-76
Washington State University Docket No. 50-27 cc:
Dr. Dwight Hagihara Chair, Reactor Safeguards Committee Nuclear Radiation Center Washington State University P.O. Box 641300 Pullman, WA 99164-1300 Stephanie Sharp, Reactor Supervisor Nuclear Radiation Center Washington State University P.O. Box 641300 Pullman, WA 99164-1300 Dr. Len Porter Director, Radiation Safety Office Washington State University P.O. Box 641302 Pullman, WA 99164-1302 Dr. Gerald Tripard Director, Nuclear Radiation Center Washington State University P.O. Box 641300 Pullman, WA 99164-1300 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611
-2-August 20, 2004 For the reasons mentioned above the violation stands as stated. If you have any questions regarding this matter, please contact Mr. Patrick M. Madden, Chief, Research and Test Reactors Section, at 301-415-1188.
In accordance with 10 CFR 2.390 of the NRCs "Rules of Practice," a copy of this letter and its enclosure will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS is accessible from the NRC Web site at (the Public Electronic Reading Room) http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/
William D. Beckner, Program Director New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No.50-027 License No. R-76 DISTRIBUTION:
PUBLIC RNRP/R&TR r/f AAdams CBassett WBeckner PDoyle TDragoun WEresian FGillespie PYoung SHolmes DHughes EHylton PIsaac DBarss (MS O6-H2)
PMadden MMendonca CNagel KWitt NRR enforcement coordinator (Only for IRs with NOVs, O10-H14)
ACCESSION NO.: ML042300282 TEMPLATE #: NRR-106 OFFICE RNRP:RI RNRP:LA RNRP:SC OE RNRP:PD NAME CBassett:vxj EHylton:vxj PMadden DNelson WBeckner DATE 8/ 18 /2004 8/ 18 /2004 8/ 18 /2004 8/ 19 /2004 8/ 20 /2004 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY