IR 05000348/1985034
| ML20138B539 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 11/22/1985 |
| From: | Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Mcdonald R ALABAMA POWER CO. |
| References | |
| NUDOCS 8512120327 | |
| Download: ML20138B539 (2) | |
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NOV 2 21985 j Alabama Power Company.
/ ATTN: Mr. R. P. Mcdonald Senior Vice President P. O. Box 2641 Birmingham, AL 35291 Gentlemen:
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SUBJECT: REPORT NOS. 50-348/85-34 AND 50-364/85-34 Thank you for your response of September 26, 1985, to our Notice of Violation issued on August 28, 1985, concerning activities conducted at your Farley facility. We have evaluated your response and found that it meets the require-ments of 10 CFR 2.201. We will examine the implementation of your corrective actions during future inspections.
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After careful review of the bases for your objection to Violation 3, we agree
with. your position and have deleted the violation from our records. We also j
agree with your actions fo'r correcting the problem related to Violation 3 and will examine them during future inspections.
In your response, you stated that you objected to the issuance of a Notice of Violation by the NRC for violating the no detectable, free-standing liquids a
provision of-the burial facility's State of South Carolina license when the State had already issued a violation.
10 CFR 30.41(c) requires that before
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transferring byproduct material to a specific licensee of an Agreement State, you,.as an NRC licensee, vert fy that the transferee's license authorizes the
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receipt of the type, form, and quantity of byproduct material to be transferred.
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As indicated in the Notice of Violation, your shipment violated two provisions of the burial facility's State license in that the sludge was not solidified and
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seven containers had in excess of 0.5%.by waste volume of free-standing water.
Your shipment did, in fact, violate NRC requirements. The NRC has in the' past mitigated civil penalties for transportation events based on enforcement actions taken by the. State licensing the burial facility operator. However, a Notice of Violation is still issued for violating NRC requirements. You also stated that
you and the State of South Carolina have not resolved whether or not solidification of sludge lance filters is required. Our discussions with the State of South Carolina indicated that at the time of your shipment, solidification of the filters was required.
Further review of this requirement-by the State has no bearing on the-shipment in question.
You also stated that you objected to receiving separate violations for different aspects of a single problem, i.e., mishandling sludge lance filters. Although both violations involved the handling of sludge lance filters, they.
represented a failure of your facility to follow two separate and distinct NRC requirements. Therefore, issuing'the two violations was appropriate.
- 8512120327 851122 PDR ADOCK 05000348 G
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Alaoama Power Company
We appreciate your cooperation in this matter.
Sincerely, cilG!NAL SIGNED BY OHN A. OLSHINSKl h
J. Nelson Grace Regional Administrator
/. O. Whitt, Executive W
cc:
Vi:e President
/J.D.Woodard,GeneralManager-d.NuclearPlant G. Hairston, III, General Manager - Nuclear Support vJ. W. McGowan, Manager-Safety Audit and Engineering Review
. G. Ware, Supervisor-Safety Audit and Engineering Review bcc:
C Resident Inspector-di. Reeves, Project Manager, NRR Document Control Desk State of Alabama
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