ML14126A509

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Enclosunotice of Violation: NRC Office of Investigation Report No. 1-2013-004
ML14126A509
Person / Time
Site: 07100164, MIT Nuclear Research Reactor
Issue date: 05/15/2014
From:
NRC/NMSS/SFST
To:
Massachusetts Institute of Technology (MIT)
Love E
Shared Package
ML14127A030 List:
References
1-2013-004, EA-13-170, EA-13-236
Download: ML14126A509 (3)


Text

Enclosure NOTICE OF VIOLATION Nuclear Reactor Laboratory Docket Nos. 07100164 and 50-00020 Massachusetts Institute of Technology License No. R-37 Cambridge, MA 02139 During an U.S. Nuclear Regulatory Commission (NRC) investigation conducted December 12, 2012, through July 12, 2013, violations of NRC requirements were identified. In accordance with the NRC Enforcement Policy, the violations are listed below:

A.

Title 10 of the Code of Federal Regulations (10 CFR) 71.3 states, in part, except as authorized in a general license or specific license issued by the Commission, no licensee may - (a) Deliver licensed material to a carrier for transport; or (b) Transport licensed material.

10 CFR 71.17(c)(2) states, in part, that the general license in 10 CFR 71.17 applies only to a licensee who complies with the terms and conditions of the certificate of compliance (CoC).

NRC CoC No. 9341 drawing 1910-01-01-SAR, Revision 4, specifies the dimensions and physical characteristics of the transport package.

Contrary to the above, on or about December 9, 2012, the Massachusetts Institute of Technology (MIT), an NRC licensee pursuant to Parts 50 and 71, delivered for transport licensed material without a license because MIT did not comply with NRC CoC No.

9341. Specifically, MIT procured and used a Parker Hannifin seal on the package drain port fitting, and as a result, the package did not conform to CoC drawing 1910-01 SAR, Rev. 4, item 7, that specifically requires the drain port seal to be butyl, Rainier Rubber R0405-70.

This is a Severity Level IV Violation (Enforcement Policy Section 6.2).

B.

10 CFR 71.3 states, in part, except as authorized in a general license or specific license issued by the Commission, no licensee may - (a) Deliver licensed material to a carrier for transport; or (b) Transport licensed material.

10 CFR 71.17(c)(2) states, in part, that the general license in 10 CFR 71.17 applies only to a licensee who complies with the terms and conditions of the CoC.

NRC CoC No. 9341 Section 6(a), states that each package shall be operated and prepared for shipment in accordance with Chapter 7 of the application, as supplemented.

Contrary to the above, on or about April 23, 2012, October 24, 2012, and April 3, 2013, MIT, an NRC licensee pursuant to Parts 50 and 71, delivered for transport licensed material without a license because MIT did not prepare the package for shipment in accordance with Chapter 7 of the application as codified in the safety analysis report (SAR) for CoC No. 9341. Specifically, MITs procedure for operation and preparation of the package for transportation omitted required steps from Chapter 7 of the SAR, and substituted other actions not in accordance with Chapter 7 of the SAR.

2 This is a Severity Level IV Violation (Enforcement Policy Section 6.2).

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

Dated this 15th day of May 2014