IR 05000298/1979020
| ML19323H767 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 05/30/1980 |
| From: | Sniezek J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Pilant J NEBRASKA PUBLIC POWER DISTRICT |
| References | |
| NUDOCS 8006160164 | |
| Download: ML19323H767 (2) | |
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Docket No. 50-298 Nebraska Public Power District ATTN:
J. M. Pilant, Director Licensing and Quality Assurance Post Office Box 499 Columbus, Nebraska 68601 Gentlemen:
This refers to the March 18, 1980 letter to you from G. D. Brown of the NRC Region IV Office.
That letter transmitted a Notice of Violation and Reports of Inspection Numbers 50-298/79-20 and 50-298/80-05.
As indicated in that letter, the noncompliance item relating to 49 CFR 173.392(c)(8) was being referred to this Office for resolution.
We understand that during the exit interview on March 6,1980, your Mr. Lessor stated that failure to mark the outside of the shipping container did not constitute noncompliance, in that you considered the cask and the " vehicle" to be the same, and that the shipment was therefore subject to vehicle " placarding" requirements, and not subject to package " marking." The " package" and " vehicle" may not be considered the same, except in the case of bulk (unpackaged) ship-ments of LSA radioactive materials.
It appears that in your shipments of this type, i.e., drummed resins within an outer cask shield, that you have been considering the " package" to be the inner drum (s).
In so doing, you apparently also consider that by limiting the activity contents in each drum to less than a Type A quantity (3 Ci), you are not subject to the requirements of SS10 CFR 71.12 and 71.35(a), as outlined in the enclosed IE Circular 78-03.
In establishing what constitutes the " package", as defined in 49 CFR 171.8, it is necessary to take into account what comprises the assembly of one or more containers and any other components necessary to achieve compliance with the minimum packaging requirements of 49 CFR 170-189.
It is clear that the outer cask shield used in the subject shipment was necessary to achieve compliance with the radiation level limits of 49 CFR 173.393(j).
We therefore conclude that the outer cask shield was a necessary component of the overall " package,"
which included both the inner drums and the outer shield.
Therefore, the outside of the outer cask was subject to the package marking requirement of 49 CFR 173.392(c)(8).
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i We would also emphasize that if the aggregate activity within the overall
" package" (cask plus drums) exceeds a Type A quantity, you are also subject to the requirements of 10 CFR 71 as discussed in IE Circular 78-03.
8006160I
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- Nebraska Ptolic Po er District-2-FM 3 0 M In view of the above considerations, we conclude that the subject citation was appropriate.
Purstant to the provisions of 10 CFR 2.201, you are requested to subnit to the Regicn IV Office, within twenty (20) days of receipt of this letter, a written statement or explanation in reply including: (1) corrective actions which have been taken by you and the rasults achieved; (2) corrective actions which will be taken to avoid further items of noncompliance; and (3) the date when full compliance will be achieved.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NP,C's Public Document Room.
Sincerely, James H. Sniezek, Director Division of Fuel Facility and Materials Safety Inspection Office of Inspection and Enforcement Enclosure:
As stated cc:
Cooper Nuclear Station ATTN:
L. C. Lessor, Superintendent P. O. Box 98 Brownville, Nebraska 68321 Distribution:
PCR J. H. Sniez'ek, IE SECY L. B. Higginbotham, IE NSIC A. W. Grella, IE TIC T. W. Brockett, IE CA IE Files State of Nebraska Central Files LPDR TERA J. Crooks, MPA J. Cummings, OIE J. Lieberman, ELD
J. Hurray, ELD
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IE Circular 78-03 May 12, 1978
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?ACT. AGING GEIATER TEAN TYPI A Q"ANIITIES OF LO*h SPICITIC ACTIVIT!
PJ.DICACTIVE MATERIAL FOR TRANSPORT This circular de:..:ribes a situation that has occurred at =uclear povar facilities and that could occur wherever greater than Type A quantities of lov specific activity (LSA) radioactive material are packaged for transport.
Se=e licensees subject to the requirements of 10 CFR Part 71 have shipped p ckages containing treater than Type A quantities of LSA raterial in packages which are not authorized by NRC. These unautho-rized shipments have resulted from inadequate understanding of Part 71 regardi=g LSA material. Differences between Part 71 and the Depart =ast
.cf Transportation requirements in 49 CFR Parts 170-189 have appare=tly ccetributed to these misunderstandings.
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Specifically, 49 CFR 173.392 authorizes the shipment of LSA material
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1: "stro:g, tight packages" when transported in vehicles assigned for the sole use of the consigner. DOI regulations make no mention of the
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total activity that =ay be shipped in this manner. On the other hand,
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ER: regulatiens (10 CFR 71.3) require that no licensee shall (a) deliver a=y licensed =aterials to a carrier for transport or (b) transport
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.terial except as authorized in a general or specific lice =se issued by the Co-tssion, or as era =pted in Part 71. The general license of 10 CFR 71.12 has requirements for the type of container when more than a Type A qua=tity of radioactive material is to be transportef. LSA
=aterial in excess of a Type A quantity is not exe=pt fro = the general.
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license require =ests.
Severr.1 licensees have failed to recognize the difference in the DOI and R2C requirements and have packaged greater the: Type A quantities of LSA caterial for transport in centainers other
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than those authorized by the general 11eesse of 10 CFR 71.12.
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C =pliance with 7 art 71 is the responsibility of the NRC licensee who delivars licensed material to a carrier for transport or who transpor s such naterial outside the confines of his plant or other place of use.
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l Ro writtes response to this Circular is required. If you require additional infor=ation regarding this matter, contact the Director of i
the appropriate NRC Regional Office.
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