ML16055A205

Letter to Ralph Butler Re Withdrawal of Severity Level IV Violation, Missouri University Research Reactor

ML16055A205
Person / Time
Site:	University of Missouri-Columbia
Issue date:	06/14/2016
From:	David Skeen NRC/OIP
To:	Rhonda Butler Univ of Missouri
A Jones - 415-2309
References
EA-15-220
Download: ML16055A205 (3)

Text

June 14, 2016 EA-15-220 Mr. Ralph A. Butler Executive Director University of Missouri 1513 Research Park Columbia, MO 65211

SUBJECT:

WITHDRAWAL OF SEVERITY LEVEL IV VIOLATION, MISSOURI UNIVERSITY RESEARCH REACTOR

Dear Mr. Butler:

On February 5, 2016, you provided a response to a U.S. Nuclear Regulatory Commission (NRC) Notice of Violation (NOV) issued on January 14, 2016, concerning an advanced shipment notification for the export of a Category 2 quantity of iridium-192 (Ir-192) to Belgium.

Specifically, the letter documented that you dispute the violation because a typographical error was made in the notification document that the Missouri University Research Reactor (MURR) submitted to the NRC on August 3, 2015. Because the actual shipment date occurred at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after MURR submitted the advanced shipment notification, you stated that no violation of NRC regulatory requirements occurred.

The NRC staff has completed its evaluation of MURRs basis for disputing the Severity Level IV (SL IV) violation. Based upon a thorough review of MURRs position, and in coordination with the Office of International Programs, the NRC concluded that a SL IV violation of regulatory requirements did not occur. Accordingly, the SL IV violation is hereby withdrawn, and we will modify our records accordingly.

Specifically, the NOV cited MURR against Title 10 of the Code of Federal Regulations (10 CFR) 110.50© which requires, in part, that a licensee authorized to export or import the radioactive material listed in Appendix P to 10 CFR Part 110 is responsible for notifying the NRC and, in cases of exports, the government of the importing country in advance of each shipment. In accordance with 10 CFR Part 110.50©(4), export notifications must be received by the NRC at least seven days in advance of each shipment, to the extent practicable, but in no case less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in advance of each shipment.

After further review, our decision to withdraw the violation was based on MURRs submission of the correct shipment date which showed that the actual shipment date was 1) within the 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notification, as required by 10 CFR 110.50, and 2) MURRs submission of its Order Form, Shippers Declaration and Bill of Lading, which also documented the actual shipment date.

Notwithstanding this decision, the NRC places a high importance on the submission of correct export notification information in advance of shipments. It is our understanding that the documenting of correct shipment information is also important to MURR and that a formal root cause analysis was performed and corrective actions implemented to prevent the recurrence of this type of error.

R. Butler In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRCs Public Document Room or from thePublicly Available Records System component of NRCs Agencywide Documents Access and Management System, accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html.

Please contact Brooke G. Smith at (301) 415-2347 if you have any questions regarding this matter.

Sincerely,

/RA/

David L. Skeen, Deputy Director Office of International Programs cc: J. Ernst State of Missouri

ML16055A205 *concurrence via e-mail OFFICE OIP/ECNP OIP/ECNP OIP/ECNP OIP OE DD:OIP NAME SBaker AJones ESmiroldo GMiller RFretz* DSkeen DATE 2/26/16 2/24/16 2/24/16 2/ 29/16 6/10/16 6/14/16 June 14, 2016 EA-15-220 Mr. Ralph A. Butler Executive Director University of Missouri 1513 Research Park Columbia, MO 65211

SUBJECT:

WITHDRAWAL OF SEVERITY LEVEL IV VIOLATION, MISSOURI UNIVERSITY RESEARCH REACTOR

Dear Mr. Butler:

On February 5, 2016, you provided a response to a U.S. Nuclear Regulatory Commission (NRC) Notice of Violation (NOV) issued on January 14, 2016, concerning an advanced shipment notification for the export of a Category 2 quantity of iridium-192 (Ir-192) to Belgium.

Specifically, the letter documented that you dispute the violation because a typographical error was made in the notification document that the Missouri University Research Reactor (MURR) submitted to the NRC on August 3, 2015. Because the actual shipment date occurred at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after MURR submitted the advanced shipment notification, you stated that no violation of NRC regulatory requirements occurred.

The NRC staff has completed its evaluation of MURRs basis for disputing the Severity Level IV (SL IV) violation. Based upon a thorough review of MURRs position, and in coordination with the Office of International Programs, the NRC concluded that a SL IV violation of regulatory requirements did not occur. Accordingly, the SL IV violation is hereby withdrawn, and we will modify our records accordingly.

Specifically, the NOV cited MURR against Title 10 of the Code of Federal Regulations (10 CFR) 110.50© which requires, in part, that a licensee authorized to export or import the radioactive material listed in Appendix P to 10 CFR Part 110 is responsible for notifying the NRC and, in cases of exports, the government of the importing country in advance of each shipment. In accordance with 10 CFR Part 110.50©(4), export notifications must be received by the NRC at least seven days in advance of each shipment, to the extent practicable, but in no case less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in advance of each shipment.

After further review, our decision to withdraw the violation was based on MURRs submission of the correct shipment date which showed that the actual shipment date was 1) within the 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notification, as required by 10 CFR 110.50, and 2) MURRs submission of its Order Form, Shippers Declaration and Bill of Lading, which also documented the actual shipment date.

Notwithstanding this decision, the NRC places a high importance on the submission of correct export notification information in advance of shipments. It is our understanding that the documenting of correct shipment information is also important to MURR and that a formal root cause analysis was performed and corrective actions implemented to prevent the recurrence of this type of error.

R. Butler In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRCs Public Document Room or from thePublicly Available Records System component of NRCs Agencywide Documents Access and Management System, accessible from the NRCs website at http://www.nrc.gov/reading-rm/adams.html.

Please contact Brooke G. Smith at (301) 415-2347 if you have any questions regarding this matter.

Sincerely,

/RA/

David L. Skeen, Deputy Director Office of International Programs cc: J. Ernst State of Missouri

ML16055A205 *concurrence via e-mail OFFICE OIP/ECNP OIP/ECNP OIP/ECNP OIP OE DD:OIP NAME SBaker AJones ESmiroldo GMiller RFretz* DSkeen DATE 2/26/16 2/24/16 2/24/16 2/ 29/16 6/10/16 6/14/16