IR 05000925/2010010
| ML20137S255 | |
| Person / Time | |
|---|---|
| Site: | 05000925 |
| Issue date: | 12/03/1985 |
| From: | James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Spain W DELMONTE CORP. |
| Shared Package | |
| ML20137S260 | List: |
| References | |
| EA-85-124, NUDOCS 8512060198 | |
| Download: ML20137S255 (3) | |
Text
- 3MO
.
LEY 4 DEC 3 1985 General Licensee (10 CFR 31.5)
EA 85-124 i DelMonte Corporation
!
ATTN: Mr. W. J. Spain Corporate Quality Assurance and Regulatory Affairs P.O. Box 9004 Walnut Creek, CA 94598-2458 Gentlemen:
SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC INSPECTION REPORT N0. 999-90003/85-110(DRSS))
This refers to the special safety inspection conducted by Ms. T. L. Simmons on September 25 through October 10, 1985, of activities at the DelMonte Corporation, Plymouth, Indiana authorized by NRC General License (10 CFR 31.5).
The inspection was in response to circumstances surrounding an americium-241 gauge found in a scrap yard and reported to the NRC Region III staff by the Indiana State Board of Health on September 25, 1985. The report of the inspection was forwarded to you on October 29, 1985. The results of the inspection were discussed on October 21, 1985, during an enforcement conference call between you and Mr. Fish of your staff and Mr. J. A. Hind and members of the NRC Region III staf The inspection showed, among other things, that licensee management failed to ensure that licensec radioactive material in an unrestricted area was secured from unauthorized removal. In addition to the unauthorized removal, this failure to control licensed material ultimately resulted in improper disposal of the nuclear gauge. Furthermore, during the period that the nuclear gauge was in storage, it was not leak tested semi-annually as require To emphasize the importance of adequate oversight and control of licensed material, I have been authorized, after consultation with the Director, Office of Inspection and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Five Hunared Dollars ($500) for one of the violations described in the enclosed Notice. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"
10 CFR Part 2, Appendix C (1985), this violation has been categorized as a Severity Level III problem. The escalation and mitigation factors in the Enforcement Policy were considered and no adjustment has been deemed appropriat CERTIFIED MAIL RETURN RECEIPT REQUESTED J
8512060198 851203 G A999 ENVDMONT gy IE PDR 99990003 g\
. - - . . . - . . .
.
De1 Monte Corporation 2 DEC 3 1985 You are required to respond to this letter and should follow the instructions specified in the attached Notice when preparing your response. You should give particular attention to those actions designed to ensure continuing compliance with NRC requirement In your response you should describe the management procedures which will be implemented to ensure proper controls over licensed radioactive materials at all times. Your reply to this letter and the results of future inspections will be considered in determining whether further enforcement action is appropriat In accotuance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC Public Document Roo The response directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-51
Sincerely, Original st; n d by
'
amds' G.' ke~ plier Regional Administrator Enclosures: Notice of Violation and Proposed Imposition of Civil Penalty Inspection Report No. 999-90003/850110(DRSS)
RIII RIII RI RIII M
Hiitd/ls wh Schultz C
ha is Ke pl r 11/29/85 a 29 M'
. . _ . _ . _ _
P .
De1 Monte Corpo.ation
Distribution
PDR SECY
- CA
'
JMTaylor, IE RVollmer, IE JAxelrad, IE
. EFlack, ES
,
JLieberman, ELD FIngram, PA DChapell, NMSS
, VMiller, NMSS JCrooks, AE00 BHayes, 01 SConnelly, 0IA DNussbaumer, OSP
, Enforcement Coordinators RI, RII, RIII, RIV, RV BStapleton, RIII IE:ES IE:EA DCS
,
f l
l
~
l e
' ,
l
,, . . , . . . _ _ -
- ... . - - - . - . - - . .-. - -