ML041690561

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IR 05000027-04-201, on 06/07/04 Through 06/10/04, for Washington State Univ.; Notice of Violation
ML041690561
Person / Time
Site: Washington State University
Issue date: 06/28/2004
From: Lyons J
NRC/NRR/DRIP/RNRP
To: Peterson J
Washington State Univ
Bassett C, NRR/DRIP/RNRP 404-562-4899
References
50-027/2004-201 IR-04-201
Download: ML041690561 (25)


See also: IR 05000027/2004201

Text

June 28, 2004

Dr. James N. Petersen

Vice Provost for Research

Washington State University

Pullman, WA 99164-1030

SUBJECT: NRC INSPECTION REPORT NO. 50-027/2004-201 AND NOTICE OF VIOLATION

Dear Dr. Petersen:

This refers to the inspection conducted on June 7-10, 2004, at your Washington State University

TRIGA research reactor in the Nuclear Radiation Center. The inspection included a review of

activities authorized for your facility. The enclosed report presents the results of that inspection.

Areas examined during the inspection are identified in the report. Within these areas, the

inspection consisted of selective examinations of procedures and representative records,

interviews with personnel, and observations of activities in progress. Based on the results of this

inspection, the NRC has identified two violations of NRC requirements. These violations are

cited in the enclosed Notice of Violation (Notice). The circumstances surrounding them are

described in detail in the subject inspection report. The violations are of concern because they

should have been identified by your own review of the documents involved.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. The NRC will use your response in accordance

with its policies to determine whether further enforcement action is necessary to ensure

compliance with regulatory requirements.

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.

Should you have any questions concerning this inspection, please contact Craig Bassett at

(404) 562-4712.

Sincerely,

/RA/

James E. Lyons, 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

Enclosures: 1. Notice of Violation

2. NRC Inspection Report No. 50-027/2004-201

cc w/enclosure: Please see next page

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

June 28, 2004

Dr. James N. Petersen

Vice Provost for Research

Washington State University

Pullman, WA 99164-1030

SUBJECT: NRC INSPECTION REPORT NO. 50-027/2004-201 AND NOTICE OF VIOLATION

Dear Dr. Petersen:

This refers to the inspection conducted on June 7-10, 2004, at your Washington State University

TRIGA research reactor in the Nuclear Radiation Center. The inspection included a review of

activities authorized for your facility. The enclosed report presents the results of that inspection.

Areas examined during the inspection are identified in the report. Within these areas, the

inspection consisted of selective examinations of procedures and representative records,

interviews with personnel, and observations of activities in progress. Based on the results of this

inspection, the NRC has identified two violations of NRC requirements. These violations are

cited in the enclosed Notice of Violation (Notice). The circumstances surrounding them are

described in detail in the subject inspection report. The violations are of concern because they

should have been identified by your own review of the documents involved.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. The NRC will use your response in accordance

with its policies to determine whether further enforcement action is necessary to ensure

compliance with regulatory requirements.

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.

Should you have any questions concerning this inspection, please contact Craig Bassett at (404)

562-4712.

Sincerely,

/RA/

James E. Lyons, 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

Enclosures: 1. Notice of Violation

2. NRC Inspection Report No. 50-027/2004-201

cc w/enclosure: See next page

DISTRIBUTION:

PUBLIC

RNRP/R&TR r/f

AAdams

CBassett

KWitt

PDoyle

TDragoun

WEresian

FGillespie

PYoung

SHolmes

DHughes

EHylton

PIsaac

DBarss (MS O6-H2)

JLyons

PMadden

MMendonca

CNagel

NRR enforcement coordinator (Only for IRs with NOVs, O10-H14)

ACCESSION NO.: ML041690561

TEMPLATE #: NRR-106

OFFICE

RNRP:RI

RNRP:LA

RNRP:SC

RNRP:PD

NAME

CBassett:vxj

EHylton:vxj

PMadden

JLyons

DATE

6/ /2004

6/ 24 /2004

6/ 24 /2004

6/ 25 /2004

C = COVER

E = COVER & ENCLOSURE

N = NO COPY

OFFICIAL RECORD COPY

ENCLOSURE 1

NOTICE OF VIOLATION

Washington State University

Docket No.50-027

Nuclear Radiation Center

License No. R-76

During an NRC inspection conducted on June 7-10, 2004, two violations of NRC requirements

were identified. In accordance with the "General Statement of Policy and Procedure for NRC

Enforcement Actions," NUREG-1600, the violations are listed below:

A.

10 CFR Part 71.5(a) requires that each licensee, who delivers licensed material to a

carrier for transport, shall comply with the applicable requirements of the Department of

Transportation (DOT) regulations in 49 CFR Parts 170 through 189 appropriate to the

mode of transport.

49 CFR Part 172.203(d)(6) requires that the description for a shipment of a Class 7

(radioactive) material must include, on the shipping papers, the transport index assigned

to each package in the shipment bearing Radioactive Yellow II or Radioactive Yellow III

labels. (49 CFR 173.403 defines Transport Index [TI] as the dimensionless number

(rounded up to the next tenth) placed on the label of a package to designate the degree

of control to be exercised by the carrier during transportation.)

Contrary to the above, 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.

This is a Severity Level IV violation (Supplement V).

B.

10 CFR Part 71.5(a) requires that each licensee, who delivers licensed material to a

carrier for transport, shall comply with the applicable requirements of the DOT

regulations in 49 CFR Parts 170 through 189 appropriate to the mode of transport.

49 CFR Part 172.403(b) specifies that the proper label to affix to a package of Class 7

(radioactive) material is based on the radiation level at the surface of the package and

the Transport Index (TI). Also, the label to be applied must be the highest category

required for any of the two determining conditions for the package. 49 CFR Part

172.403(c) requires that the category of label to be applied to radioactive material

packages be Radioactive Yellow II if the TI is greater than 0 but not more than 1, or if the

maximum radiation level at any point of the external surface is greater than 0.5 millirem

per hour (mrem/hr) but less than or equal to 50 mrem/hr. (Footnote 2 to Paragraph (c)

states that, if the measured TI is not greater than 0.05, the value may be considered to

be zero. Also, 49 CFR 173.403 defines TI as the dimensionless number (rounded up to

the next tenth) placed on the label of a package to designate the degree of control to be

exercised by the carrier during transportation. For nonfissile material packages, the

number is the maximum radiation level from the external surface of the package in

millirem per hour at one meter.)

Contrary to the above, during the period from June 2002 to June 2004, 12 shipments

were classified as White I instead of Yellow II even though the radiation levels measured

at one meter from the surface of the packages being shipped read 0.06 millirem per hour

or above, indicating a TI of 0.1 or greater, using the rounded up to the next tenth rule.

This resulted in packages being shipped without the proper label attached and without

the appropriate TI being designated.

-2-

This is a Severity Level IV violation (Supplement V).

Pursuant to the provisions of 10 CFR 2.201, Washington State University is hereby required to

submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555-0001, with a copy to the responsible

inspector, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for

each violation: (1) the reason for the violation, or, if contested, the basis for disputing the

violation or severity level, (2) the corrective steps that have been taken and the results achieved,

(3) the corrective steps that will be taken to avoid further violations, and (4) the date when full

compliance will be achieved. Your response may reference or include previous docketed

correspondence, if the correspondence adequately addresses the required response. If an

adequate reply is not received within the time specified in this Notice, an order or Demand for

Information may be issued as to why the license should not be modified, suspended, or revoked,

or why such other action as may be proper should not be taken. Where good cause is shown,

consideration will be given to extending the response time.

If you contest this enforcement action, you should also provide a copy of your response, with the

basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555-0001.

Because your response will be made available electronically for public inspection in the NRC

Public Document Room or from the Publicly Available Records (PARS) component of the NRCs

document system (ADAMS), to the extent possible, it should not include any personal privacy,

proprietary, or safeguards information so that it can be made available to the public without

redaction. ADAMS is accessible from the NRC Web site at (the Public Electronic Reading

Room) http://www.nrc.gov/reading-rm/adams.html. If personal privacy or proprietary information

is necessary to provide an acceptable response, then please provide a bracketed copy of your

response that identifies the information that should be protected and a redacted copy of your

response that deletes such information. If you request withholding of such material, you must

specifically identify the portions of your response that you seek to have withheld and provide in

detail the bases for your claim of withholding (e.g., explain why the disclosure of information will

create an unwarranted invasion of personal privacy or provide the information required by

10 CFR 2.390(b) to support a request for withholding confidential commercial or financial

information). If safeguards information is necessary to provide an acceptable response, please

provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working

days.

Dated at Rockville, Maryland

this day of

U. S. NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

Docket No:

50-027

License No:

R-76

Report No:

50-027/2004-201

Licensee:

Washington State University

Facility:

Nuclear Radiation Center

Location:

Pullman, WA

Dates:

June 7-10, 2004

Inspector:

Craig Bassett

Approved by:

James E. Lyons, Program Director

New, Research and Test Reactors Program

Division of Regulatory Improvement Programs

Office of Nuclear Reactor Regulation

EXECUTIVE SUMMARY

Washington State University

Nuclear Radiation Center

Report No.: 50-027/2004-201

The primary focus of this routine, announced inspection included onsite review of selected

aspects of the licensees Class II research reactor safety programs including: organizational

structure and staffing, design control and review and audit functions, procedures, radiation

protection, environmental protection, and transportation of radioactive materials since the last

NRC inspection of these areas. The licensees programs were acceptably directed toward the

protection of public health and safety, however, two apparent violations were noted in the area of

transportation.

Organizational Structure and Staffing



The organizational structure and responsibilities were consistent with Technical Specification

Section 6 requirements.

Review and Audit and Design Control Functions



The review and audit program was being conducted acceptably by the Reactor Safeguards

Committee.



The latest change completed by the licensee was reviewed using the criteria specified in 10 CFR 50.59, determined to be acceptable, and approved as required.

Procedures



Facility procedural review, revision, control, and implementation satisfied Technical

Specification requirements.

Radiation Protection Program



Surveys were being completed and documented acceptably to permit evaluation of the

radiation hazards present.



Postings met the regulatory requirements specified in 10 CFR Parts 19 and 20.



Personnel dosimetry was being worn as required and doses were well within the licensees

procedural action levels and NRCs regulatory limits.



Radiation monitoring equipment was being maintained and calibrated as required.



Acceptable radiation protection training was being provided to staff personnel.



The Radiation Protection Program being implemented by the licensee satisfied regulatory

requirements.

-2-

Effluent and Environmental Monitoring



Effluent monitoring satisfied license and regulatory requirements.



Releases were within the specified regulatory and Technical Specification limits.

Transportation of Radioactive Materials



Two apparent violations were noted: failure to properly complete shipping papers and failure

to affix the proper labels to packages during the review of radioactive material shipments

made by the licensee.

REPORT DETAILS

Summary of Plant Status

Washington State Universitys one megawatt research and test reactor continued to be operated

in support of irradiation work for various organizations, operator training, surveillance, and

experiments involving Boron Neutron Capture Therapy (BNCT). During the inspection, the

reactor was started up, operated, and shut down as required and in accordance with applicable

procedures to support these ongoing activities.

1.

Organizational Structure and Staffing

a.

Inspection Scope (Inspection Procedure [IP] 69001)

The inspector reviewed the following regarding the licensees organization and staffing

to ensure that the requirements of Sections 6.1-6.3 of Technical Specifications (TS),

Amendment No. 18, dated April 26, 2002, were being met:

Washington State University (WSU) Nuclear Radiation Center organizational

structure and staffing

staff qualifications

management responsibilities

WSU Nuclear Radiation Center Administrative Procedure Number (No.) 1,

Responsibilities and Authority of Reactor Operating Staff, (not dated)

b.

Observations and Findings

The Nuclear Radiation Center organizational structure and the responsibilities of the

reactor staff had not changed since the last inspection. However staffing levels had

changed and licensed reactor staff consisted of the Director, Nuclear Radiation Center,

the Reactor Supervisor, and a Reactor Technician. All of these individuals were Senior

Reactor Operators (SROs). Another person, working at the facility, was also an SRO

but was actually funded by another program. Although the staff was of limited size, the

organizational structure and staffing at the facility were as required by TS.

Qualifications of the staff met TS requirements. Review of records verified that

management responsibilities were administered as required by TS and applicable

procedures.

c.

Conclusions

The organizational structure and functions were consistent with TS Section 6

requirements.

2.

Review and Audit and Design Control Functions

a.

Inspection Scope (IP 69001)

In order to verify that the licensee had established and conducted reviews and audits

as required in TS Sections 6.5.4 and 6.5.5 and to verify compliance with 10 CFR 50.59,

the inspector reviewed selected aspects of:

2

Reactor Safeguards Committee (RSC) meeting minutes for 2003 through 2004 to

date

RSC Facility Records Quarterly Audits for 2003 through 2004 to date documenting

reviews of operations records, summary records, and administrative records

safety review records for the past two years

responses to the safety reviews and audits

the most recent facility design change concerning upgrade of reactor power

monitoring channels

facility configuration

WSU Nuclear Radiation Center Administrative Procedure No. 3, Approval and

Review of Facility Modifications and Special Tests or Experiments, (not dated)

b.

Observations and Findings

(1)

Review and Audit Functions

The inspector verified that RSC membership satisfied TS requirements and that

the RSC had quarterly meetings as required. Review of the committee meeting

minutes indicated that the RSC provided appropriate guidance and direction for

reactor operations, and ensured suitable use and oversight of the reactor.

Since the last inspection all required audits of reactor facility activities and reviews

of programs, procedures, equipment changes, and proposed tests or experiments,

had been completed and documented. Additionally, the annual review of the

Radiation Protection Program and the biennial reviews of the emergency and

security plans had been conducted and acceptably documented.

(2)

Design Change

Records and observations showed that changes made during 2003 and to date at

the facility were acceptably reviewed in accordance with 10 CFR 50.59 and

applicable administrative controls. Prior to implementing the changes, the licensee

submitted them to the RSC and they were reviewed, determined to be acceptable,

and approved as required. None of the changes constituted a safety question or

required a change to the TS.

The latest modification completed since the last inspection involved replacing the

facility pendulum-style seismometer with a new three-axis digital seismometer.

The licensees facility modification procedure was followed and an evaluation was

completed as required. The licensee considered the criteria included in the

revised 10 CFR 50.59 and concluded that the change was an acceptable change

under the regulations. Although not required by procedure, a review by the RSC

was requested and conducted, and the RSC approved the change. The change,

review, and approval appeared to be acceptable.

c.

Conclusions

The review and audit program was being conducted acceptably by the Reactor

Safeguards Committee. The latest change completed by the licensee was reviewed

3

using the criteria specified in 10 CFR 50.59, determined to be acceptable, and

approved as required.

3.

Procedures

a.

Inspection Scope (IP 69001)

The inspector reviewed selected aspects of the following to verify that the licensee was

complying with the requirements of TS Sections 6.5.4 and 6.8:

records for procedure changes and temporary changes

observation of procedure implementation

related logs and records documenting procedure implementation

administrative controls as outlined in WSU Nuclear Radiation Center Administrative

Procedure No. 2, Approval, Revision, and Review of Standard Operating

Procedures, (not dated)

selected administrative and standard operating procedures

b.

Observations and Findings

Procedures were available for those tasks and items required by the TS and facility

directives. Written changes were reviewed and approved by the RSC as required. The

Standard Operating Procedures (SOPs) were reviewed biennially as required by TS Section 6.5.4 with the last review being completed December 2, 2003.

Training of personnel on procedures and the applicable changes was acceptable.

Through observation of reactor operations and experiment handling, the inspector

verified that personnel conducted TS activities in accordance with applicable

procedures. Records showed that procedures for potential malfunctions (e.g.,

radioactive releases, contaminations, and reactor equipment problems) had been

developed and were implemented as required.

c.

Conclusions

Procedural review, revision, control, and implementation satisfied TS requirements.

4.

Radiation Protection Program

a.

Inspection Scope (IP 69001)

The inspector reviewed the following to verify compliance with 10 CFR Parts 19 and 20,

TS Sections 3.7, 5.4, and 6.8, and procedural requirements:

radiation and contamination survey records documented on the appropriate forms in

accordance with WSU Nuclear Radiation Center SOP No. 10

Nuclear Radiation Center dosimetry records for 2002 through the first three months

of 2004

calibration and periodic check records for radiation monitoring instruments

documented on the applicable forms

4

Preventative Maintenance Checklists for 2003 and 2004

Radiation Monitor Calibration Schedule Forms for 2003 and 2004

Radiac Calibration Forms for specific instruments

WSU Nuclear Radiation Center SOP No. 10, Standard Procedure for Health

Physics Surveys, last revised August 18, 1999

WSU Nuclear Radiation Center SOP No. 17, Standard Procedure for Checkout and

Calibration of the Area Radiation Monitors, last revised December 4, 2003

WSU Nuclear Radiation Center SOP No. 23, Standard Procedure for Portable

Survey Instrumentation Check and Calibration, last revised December 4, 2003

WSU Nuclear Radiation Center SOP No. 27, Standard Procedure for RM-14 Check

and Calibration, last revised December 4, 2003

WSU Nuclear Radiation Center Administrative Procedure, Radiation Protection

Program last reviewed August 2001

Washington State University Radiation Protection Program Manual dated March 15,

1994

ALARA Policy as outlined the Radiation Protection Program

The inspector also toured the facility to note any changes that may have been made

and observed the use of dosimetry and radiation monitoring equipment. Licensee

personnel were interviewed and radiological signs and postings were observed as well.

b.

Observations and Findings

(1)

Surveys

The inspector reviewed weekly general area radiation and contamination surveys

and semiannual neutron surveys of the Pool Room and the Beam Room from

2003 to date. The surveys had been completed by licensee personnel as required

by WSU Nuclear Radiation Center SOP No. 10. The results were documented on

the appropriate forms and evaluated as required, and corrective actions taken

when readings or results exceeded set action levels.

During the inspection, the inspector conducted a radiation survey of the Pool

Room, the Heat Exchanger/Pump Room, Radiochemistry Laboratory, and

Computer/Analyzer Room, and compared the readings detected with those found

by the licensee. The results were comparable and no anomalies were noted.

(2)

Postings and Notices

The inspector reviewed the postings at the entrances to various controlled areas

including the Control Room, the Pool Room, the Beam Room, and various

laboratories in the Nuclear Radiation Center. The postings were acceptable and

indicated the radiation and contamination hazards present. Other postings also

showed the industrial hygiene hazards present in the areas. The facilitys

radioactive material storage areas were noted to be properly posted. No

unmarked radioactive material was detected in the facility. Copies of current

notices to workers required by 10 CFR Part 19 were posted on various bulletin

boards throughout the facility including one in the stairway leading to the Control

Room and one in the Conference Room as well.

5

(3)

Dosimetry

The licensee used a National Voluntary Laboratory Accreditation Program

accredited vendor (Landauer) to process the optically stimulated luminescense

(OSL) whole body dosimeters and extremity thermoluminescent dosimeters (TLDs)

supplied to staff personnel. Through direct observation, the inspector determined

that dosimetry was acceptably used by facility personnel and exit frisking practices

were in accordance with radiation protection requirements.

An examination of the records for the past two years, through March 2004, showed

that all whole body exposures were within NRC limits and within licensee action

levels. Extremity monitoring, accomplished through the use of finger ring TLDs,

also generally showed low doses to the hands of staff members. The highest

annual whole body exposure received by a single individual for 2002 was 56

millirem deep dose equivalent (DDE). The highest annual extremity exposure for

2002 was 70 millirem shallow dose equivalent (SDE). The highest annual whole

body exposure received by a single individual in 2003 was 78 millirem DDE. The

highest annual extremity exposure for 2003 was 310 millirem SDE.

(4)

Radiation Monitoring Equipment

The calibration of portable survey meters, friskers, fixed radiation detectors, and

air monitoring instruments were typically completed by licensee personnel. The

calibration records of selected portable survey meters, friskers, fixed radiation

detectors, and air monitoring equipment in use at the facility were reviewed.

Calibrations were completed according to the procedure given in the

manufacturers technical manual using NIST traceable calibration sources.

Calibration frequency met the requirements established in the applicable manuals

and records were being maintained as required.

(5)

Radiation Protection Program

The licensees Radiation Protection Program was established in the WSU Nuclear

Radiation Center Administrative Procedure of the same name dated August 2001.

The program was further explained in the campus document entitled, WSU

Radiation Protection Program Manual, dated March 15, 1994. The program

required that all personnel who had unescorted access to work in a radiation area

or with radioactive material receive training in radiation protection, policies,

procedures, requirements, and facilities prior to entry. As noted previously, the

program was being reviewed annually as required.

(6)

ALARA Policy

The ALARA Policy was also outlined and established in the WSU Nuclear

Radiation Center Administrative Procedure, Radiation Protection Program. The

ALARA program provided guidance for keeping doses as low as reasonably

achievable and was consistent with the guidance in 10 CFR Part 20.

6

(7) Radiation Protection Training

The inspector reviewed documentation of the training given to new employees by

the WSU Radiation Safety Office entitled, Radiation Safety Course. The content

of the course given was acceptable and the training program generally satisfied

requirements in 10 CFR 19.12.

(8)

Facility Tours

The inspector toured the Control Room, Pool Room, Heat Exhanger/Pump Room,

Beam Room, and selected support laboratories and offices. Control of radioactive

material and control of access to radiation and high radiation areas were

acceptable. As noted earlier, the postings and signs for these areas were

appropriate.

c.

Conclusions

The inspector determined that the Radiation Protection Program being implemented by

the licensee satisfied regulatory requirements because: 1) surveys were being

completed and documented acceptably; 2) postings met regulatory requirements; 3)

personnel dosimetry was being worn as required and doses were well within the NRCs

regulatory limits; 4) radiation monitoring equipment was being maintained and

calibrated as required; and, 5) acceptable radiation protection training was being

provided.

5.

Effluent and Environmental Monitoring

a.

Inspection Scope (IP 69001)

The inspector reviewed the following to verify compliance with the requirements of 10 CFR Part 20 and TS Sections 3.7-3.9, 3.12, 5.6, and 6.10:

airborne release records documented in the Average Monthly Concentration of Ar-41

Released section of the Reactor Operations Summary Log for the period from 2002

to the present

liquid release records also documented in the Reactor Operations Summary Log

and calculated on the appropriate forms in the Liquid Waste Tank Release Data Log

for the period from 2002 to date in 2004

Radiation Monitor Calibration Schedule Forms for 2003 and 2004

licensee Annual Reports for reporting periods: July 2001 - June 2002, and July 2002

- June 2003

WSU Nuclear Radiation Center SOP No. 11, Standard Procedure for Analysis of

Liquid Waste Samples, last revised December 4, 2003

WSU Nuclear Radiation Center SOP No. 18, Standard Procedure for Ar-41 Monitor

Checkout and Calibration, last revised December 4, 2003

WSU Nuclear Radiation Center SOP No. 21, Standard Procedure for Environmental

Monitoring, last revised December 4, 2003

WSU Nuclear Radiation Center SOP No. 22, Standard Procedure for TLD

Environmental Monitoring Program, last revised December 4, 2003

7

WSU Nuclear Radiation Center SOP No. 26, Standard Procedure for Continuous

Air Monitor Check and Calibration, last revised December 4, 2003

WSU Nuclear Radiation Center SOP No. 29, Standard Procedure for Continuous

Air Monitor Filter Analysis, last revised December 4, 2003

b.

Observation and Findings

The inspector reviewed the calibration records of the area and stack monitoring

systems. These systems had been calibrated annually according to procedure. The

weekly setpoint verification records for the monitoring equipment were also reviewed.

Corrective actions, including recalibration, were completed if the setpoint values were

exceeded.

The inspector also reviewed the records documenting liquid and airborne releases to

the environment for the past two years. The inspector determined that gaseous

release activity continued to be calculated as required by procedure and the results

were adequately documented. The releases were determined to be within the annual

dose constraints of 10 CFR 20.1101 (d), 10 CFR Part 20 Appendix B concentrations,

and TS limits. Liquid release activity was calculated as required and releases were

approved by the Reactor Supervisor or an SRO after analyses indicated that the they

met regulatory requirements for discharge into the sanitary sewer.

On-site and off-site gamma radiation monitoring was completed using environmental

TLDs in accordance with the applicable procedures. The data indicated that there were

no measurable doses above any regulatory limits. These results and those above were

acceptably reported in the Reactor Operations Annual Report for 2002 and 2003.

Through observation of the facility, the inspector did not identify any new potential

release paths.

c.

Conclusions

Effluent monitoring satisfied license and regulatory requirements and releases were

within the specified regulatory and TS limits.

6.

Transportation

a.

Inspection Scope (IP 86740)

The inspector reviewed the following to verify compliance with procedural requirements

for transferring licensed material:

records of radioactive material shipments for June 2002 and to date in 2004

WSU Nuclear Radiation Center SOP No. 33, Standard Procedure for Off-Site

Shipment of Radioactive Material, last revised October 30, 1995

WSU Nuclear Radiation Center SOP No. 35, Standard Procedure for Receiving and

Opening Packages Containing Licensed Materials, last revised December 4, 2003

8

b.

Observations and Findings

(1) General Shipping Results

Through records review and discussions with licensee personnel, the inspector

determined that the licensee had shipped various types of radioactive material

since the previous inspection in this area. The records indicated that the

radioisotope types and quantities were calculated and dose rates measured as

required. All radioactive material shipment records reviewed by the inspector had

been completed in accordance with Department of Transportation and NRC

requirements except as noted in the two paragraphs below.

(2) Licensee-Generated Shipping Papers

10 CFR Part 71.5(a) requires that each licensee, who delivers licensed material to

a carrier for transport, shall comply with the applicable requirements of the

Department of Transportation (DOT) regulations in 49 CFR Parts 170 through 189

appropriate to the mode of transport.

49 CFR Part 172.203(d)(6) requires that the description for a shipment of a Class

7 (radioactive) material must include, on the shipping papers, the transport index

assigned to each package in the shipment bearing Radioactive Yellow II or

Radioactive Yellow III labels. (49 CFR 173.403 defines Transport Index [TI] as the

dimensionless number [rounded up to the next tenth] placed on the label of a

package to designate the degree of control to be exercised by the carrier during

transportation.)

In reviewing the shipping papers prepared by the licensee for the period from June

2002 to the present, the inspector noted certain discrepancies with the shipping

papers prepared for various shipments of packaged radioactive material labeled as

Radioactive Yellow II. On various occasions, when the licensee had prepared

shipping papers for specific individuals and had not used a common carrier, such

as FedEx for example, the shipping papers did not contain all the required

information. (In those instances when a common carrier was used, the licensee

generated additional shipping papers, usually as required by the carrier.) When

the licensee used only the internally generated documents as the formal shipping

papers used to accompany the shipment, no TI was listed. A one meter radiation

level reading, listed in millirem per hour (mrem/hr), was entered on the shipping

papers but nothing was listed indicating the TI and no dimensionless number was

given.

The following instances were noted. The shipping papers documenting shipments

of radioactive material labeled as Yellow II to R. Donelick did not include a TI for

shipments made on: June 4, 2002, September 26, 2002, December 11, 2002,

January 15 and 21, 2003, February 10, 2003, March 20, 2003, April 16 and 24,

2003, May 1, 2003, June 12, 2003, December 18 and 22, 2003, January 16, 2004,

March 18, 2004, April 13, 15, and 20, 2004, May 17, 2004, and June 10, 2004.

The shipping papers documenting shipments of radioactive material labeled as

Yellow II to Kiddy and/or Cartwright did not include a TI for shipments made on:

December 18, 2002, January 2, 17, and 30, 2003, and March 4 and 11, 2003. The

9

shipping papers documenting a shipment of radioactive material labeled as Yellow

II to C. W. Thomas did not include a TI for the shipment made on December 23,

2002. The shipping papers documenting a shipment of radioactive material

labeled as Yellow II to J. Kimerling did not include a TI for the shipment made on

March 12, 2004.

The licensee was informed that failure include the applicable TI on the shipping

papers involving shipments of radioactive material labeled as Yellow II was an

apparent violation of 49 CFR 172.203(d)(6) (VIO 50-027/2004-201-01).

(3) White I versus Yellow II Designated Shipments

10 CFR Part 71.5(a) requires that each licensee, who delivers licensed material to

a carrier for transport, shall comply with the applicable requirements of the DOT

regulations in 49 CFR Parts 170 through 189 appropriate to the mode of transport.

49 CFR Part 172.403(b) specifies that the proper label to affix to a package of

Class 7 (radioactive) material is based on the radiation level at the surface of the

package and the TI. Also, the label to be applied must be the highest category

required for any of the two determining conditions for the package. 49 CFR Part

172.403(c) requires that the category of label to be applied to radioactive material

packages be Radioactive Yellow II if the TI is greater than 0 but not more than 1,

or if the maximum radiation level at any point of the external surface is greater

than 0.5 mrem/hr but less than or equal to 50 mrem/hr. Footnote 2 to Paragraph

(c) states that, if the measured TI is not greater than 0.05, the value may be

considered to be zero. Also, 49 CFR 173.403 defines TI as the dimensionless

number [rounded up to the next tenth] placed on the label of a package to

designate the degree of control to be exercised by the carrier during

transportation. For nonfissile material packages, the number is the maximum

radiation level from the external surface of the package in millirem per hour at one

meter.

In reviewing the shipping papers prepared by the licensee for the period from June

2002 to the present, the inspector also noted various discrepancies when certain

packages of radioactive material were shipped and a White I label was applied to

the package. On various occasions radiation readings, taken one meter from the

external surface of the radioactive material package being shipped, yielded results

of 0.06 mrem/hr or greater. This would have yielded a TI of 0.1, using the

rounded up to the next tenth rule stated in 49 CFR 173.403 and with a TI of 0.1

or greater a Yellow II label for the package as stipulated by 49 CFR 172.403 would

be required .

The following discrepancies were noted. On September 10, 2002, a package, with

a maximum radiation level of 0.06 mrem/hr one meter from the external surface of

the package, was shipped as White I. On November 4, 2002, a package, with a

maximum radiation level of 0.06 mrem/hr one meter from the external surface of

the package, was shipped as White I. On December 5, 2002, a package, with a

maximum radiation level of 0.06 mrem/hr one meter from the external surface of

the package, was shipped as White I. On January 7, 2003, a package, with a

maximum radiation level of 0.06 mrem/hr one meter from the external surface of

10

the package, was shipped as White I. On January 13, 2003, a package, with a

maximum radiation level of 0.1 mrem/hr one meter from the external surface of the

package, was shipped as White I. On January 15, 2003, a package, with a

maximum radiation level of 0.08 mrem/hr one meter from the external surface of

the package, was shipped as White I. On January 28, 2003, a package, with a

maximum radiation level of 0.2 mrem/hr one meter from the external surface of the

package, was shipped as White I. On July 30, 2003, a package, with a maximum

radiation level of 0.08 mrem/hr one meter from the external surface of the

package, was shipped as White I. On October 7, 2003, a package, with a

maximum radiation level of 0.08 mrem/hr one meter from the external surface of

the package, was shipped as White I. On October 17, 2003, a package, with a

maximum radiation level of 0.06 mrem/hr one meter from the external surface of

the package, was shipped as White I. On October 24, 2003, a package, with a

maximum radiation level of 0.07 mrem/hr one meter from the external surface of

the package, was shipped as White I. On March 9, 2004, a package, with a

maximum radiation level of 0.06 mrem/hr one meter from the external surface of

the package, was shipped as White I. As indicated above, in each instance,

except for the shipment on January 28, 2003, this would have yielded a TI of 0.1,

using the rounded up to the next tenth rule. The shipment on January 28, 2003,

would require a TI of 0.2. Also, a TI of 0.1 or greater would then require a Yellow

II label for the package as stipulated by 49 CFR 172.403. Therefore, the

packages listed above were shipped without the proper label attached and without

the appropriate TI being designated.

The licensee was informed that failure to assign the appropriate Transport Index to

packages of radioactive material with radiation level readings of 0.06 mrem/hr or

greater at 1 meter and failure to designate the shipments as Yellow II and to affix

the proper label to packages of radioactive material based on the TI (which was

the highest category required) was an apparent violation of 49 CFR 172.403(b)

(VIO 50-027/2004-201-02).

c.

Conclusions

Two apparent violations were noted during the review of radioactive material shipments

made by the licensee for failure to properly complete shipping papers by not listing the

appropriate TI and failure to assign the appropriate TI and affix the proper labels to

packages.

7.

Follow-up on Previously Identified Issues

a.

Inspection Scope

The inspector reviewed the actions taken by the licensee following identification of an

Inspector Follow-up Item, two violations, and a deviation during previous inspections in

May of 2002 and May of 2003, and documented in NRC Inspection Report Nos. 50-

027/2002-201 and 50-027/2003-201, dated May 30, 2002, and May 29, 2003,

respectively.

11

b.

Observations and Findings

(1) IFI 50-027/2002-201-02 - Follow-up on the clarification of the last step in the

Reactor Startup Checkout.

During a previous inspection, the inspector had reviewed a report sent to the NRC

by the licensee. The report detailed a licensee-identified monitoring failure that

occurred during the month of June 2000. Due to a personnel error, monthly

monitoring of the reactor pool water was not performed in June. The oversight

was detected July 31, 2000, at which time a pool water sample was obtained and

analyzed. The water sample showed no abnormal radionuclide levels. One of the

licensees corrective actions was to add an item to the Reactor Startup Checkout

to ensure that all operations, i.e., all required surveillances, are completed before

reactor operation. During a subsequent inspection it was noted that an item had

been added to the Checkout sheet but it was unclear as to what it directed the

operators to do.

The inspector again reviewed this issue during this inspection and found that the

licensee had clarified the step in the checkout. NRC Form No. 34, WSU Reactor

Start-Up Checkoff, last revised August 5, 2003, had been revised in Section

X.D.1, entitled, Surveillance, to required that all appropriate maintenance was

complete prior to reactor start-up. This clarified the meaning of this step in the

checkout. This issue is considered closed.

(2) VIO 50-027/2003-201-01 - Failure to conduct training for Pullman Memorial

Hospital emergency room personnel in radiation safety and WSU Nuclear

Radiation Center emergency procedures as required by the Emergency Plan.

During an inspection in May 2003, it was noted that during 2001, 2002, and until

May 2003, no training had been provided for Pullman Memorial Hospital

emergency room personnel in radiation safety and WSU Nuclear Radiation Center

emergency procedures as required.

During this inspection, the inspector verified that training had subsequently been

provided to hospital emergency room personnel. It was also noted that, just prior

to the most recent drill, held June 4, 2004, the licensee conducted training for

hospital and ambulance personnel so that the lessons being taught would be

reinforced during conduct of the drill. This issue is considered closed.

(3) VIO 50-027/2003-201-02 - Failure to provide the hospital with a copy of the WSU

Nuclear Radiation Center Emergency Plan and the associated implementing

procedures and failure to conduct annual drill exercises with the Pullman Memorial

Hospital.

During the inspection in May 2003, the inspection found that the Pullman Memorial

Hospital did not have a copy of the WSU Nuclear Radiation Center Emergency

Plan as required by the agreement between WSU and the hospital. It was also

noted that, although annual drills were required to be held, none had been held

during 2001, 2002, and as of May 2003.

12

During this inspection, the inspector verified that the licensee had provided a copy

of the WSU Nuclear Radiation Center Emergency Plan to the hospital emergency

room in June 2003. The inspector reviewed the form that a hospital representative

had signed indicating that the hospital had received a copy on June 13, 2003.

Also, the inspector verified that the licensee had held a drill with the hospital in July

2003. The drill involved handling and treatment of a simulated contaminated,

injured person from the Nuclear Radiation Center by ambulance and hospital

personnel. It was also noted that another drill was held on June 4, 2004. This

most recent drill again involved licensee staff, hospital emergency room personnel,

and the ambulance drivers. This item is considered closed.

(4) DEV 50-027/2003-201-03 - Failure to fulfill a commitment made to the NRC

concerning revision of the Emergency Plan to reflect actual training practices.

During the inspection in May 2003, the inspector reviewed the issue of revising the

Emergency Plan (E-Plan) to reflect actual training practices involving support

organizations. No revision had been completed as of the date of the inspection

despite a commitment made to the NRC to implement a revision to the E-Plan.

The inspector noted that, following that inspection, the licensee issued a pen and

ink change to reflect that the training was on a rotating basis, each organization

trained every third year. The licensee later submitted a letter to the NRC outlining

the change on June 23, 2003. By letter dated November 20, 2003, the NRC

indicated that the change was acceptable. This item is considered closed.

c.

Conclusions

The licensee had taken action to resolve previously identified issues involving an

Inspector Follow-up Item, 2 violations, and a deviation. The items were closed.

8.

Exit Interview

The inspection scope and results were summarized on June 10, 2004, with members of

licensee management. The inspector described the areas inspected and discussed in detail

the inspection findings. No dissenting comments were received from the licensee.

PARTIAL LIST OF PERSONS CONTACTED

Licensee

E. Corwin

Senior Reactor Operator

K. Fox

BNCT Project Manager, Security Manager, and Emergency Director

S. Sharp

Reactor Supervisor

J. Smeltz

Reactor Operator Trainee

G. Tripard

Director, Nuclear Radiation Center

Other Personnel

M. Blair

Locksmith, WSU Facilities Operations

D. Hagihara

Chair, Reactor Safeguards Committee

L. Porter

Director, WSU Radiation Safety Office

S. West

Lieutenant, WSU Police Department

INSPECTION PROCEDURES USED

IP 69001

Class II Research and Test Reactors

IP 81401

Plans, Procedures, and Reviews

IP 86740

Inspection of Transportation Activities

ITEMS OPENED, CLOSED, AND DISCUSSED

Opened

50-027/2004-201-01

VIO

Failure to include the applicable TI on the shipping papers of

shipments of radioactive material packages labeled as Yellow II.

50-027/2004-201-02

VIO

Failure to assign the appropriate Transport Index to packages of

radioactive material with radiation level readings of 0.06 mrem/hr

or greater at 1 meter and failure to designate the shipments as

Yellow II and to affix the proper label to packages of radioactive

material based on the TI (which was the highest category

required).

Closed

50-027/2002-201-02

IFI

Follow-up on the clarification of the last step in the Reactor Startup

Checkout.

50-027/2003-201-01

VIO

Failure to conduct training for Pullman Memorial Hospital

emergency room personnel in radiation safety and WSU Nuclear

Radiation Center emergency procedures as required by the

Emergency Plan.

-2-

50-027/2003-201-02

VIO

Failure to provide the hospital with a copy of the WSU Nuclear

Radiation Center Emergency Plan and the associated

implementing procedures and failure to conduct annual drill

exercises with the Pullman Memorial Hospital.

50-027/2003-201-03

DEV

Failure to fulfill a commitment made to the NRC concerning

revision of the Emergency Plan to reflect actual training practices.

PARTIAL LIST OF ACRONYMS USED

ALARA

As Low As Reasonably Achievable

BNCT

Boron Neutron Capture Therapy

CFR

Code of Federal Regulations

DEV

Deviation

DDE

Deep dose equivalent

IFI

Inspector Follow-up Item

IP

Inspection Procedure

mrem/hr

millirem per hour

NRC

Nuclear Regulatory Commission

OSL

Optically stimulated luminescence (dosimeter)

RSC

Reactor Safeguards Committee

SDE

Shallow dose equivalent

SNM

Special Nuclear Material

SOP

Standard Operating Procedure

SRO

Senior Reactor Operator

TLD

Thermoluminescent dosimeter

TS

Technical Specifications

VIO

Violation

WSU

Washington State University