ML17054B744

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Forwards Insp Rept 50-220/85-08 on 850506 & 07 & Notice of Violation.Nrc Will Not Issue Civil Penalty Since State of Sc Already Issued Penalty & Suspended License for 30 Days
ML17054B744
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 07/02/1985
From: Murley T
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Hooten B
NIAGARA MOHAWK POWER CORP.
Shared Package
ML17054B745 List:
References
EA-85-072, EA-85-72, NUDOCS 8507190390
Download: ML17054B744 (6)


See also: IR 05000220/1985008

Text

JUL 0 P

1985

Docket No. 50-220

License

No.

DPR-63

EA 85-72

Niagara

Mohawk Power Corporation

ATTN:

Mr. B. G. Hooten

Executive Director

Nuclear Operations

c/o Miss Catherine

R. Seibert

300 Erie Boulevard West

Syracuse,

New York

13202

Gentlemen:

Subject:

Notice of Violation (NRC Inspection

No. 50-22

48

This refers to an inspection

conducted

by a representative

of the South Carolina

Department of Health and Environmental

Control

on May 6 and 7,

1985 of a ship-

ment of radioactive waste

from Nine Mile Point Nuclear

Power Plant, Unit l.

The shipment

was inspected

upon its arrival at the Chem-Nuclear

Systems,

Inc.,

burial site at Barnwell, South Carolina.

Areas

examined during this inspection

are described

in a report by the repre-

sentative of the South Carolina Department of Health

and Environmental

Control,

which is attached

to the

NRC Region I Inspection

Report enclosed with this

letter.

The inspection consisted of a review of shipping papers,

placarding,

marking and labeling, radiation measurements,

selective

contamination

surveys,

and examination of the packages

and the tractor-trailer.

Based

on the results of the inspection, it appears

that one of your activities

was not conducted

in full compliance with NRC requirements,

as set forth in the

Notice of Violation.

This violation involves non-fixed radioactive contamination

in excess

of permissible quantities which was detected

on the external

surfaces

of packages

used for shipping licensed material.

The violation has

been

categorized

at Severity Level III in accordance

with the "General

Statement

of

Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix

C (1985).

The violation for which you have

been cited has already

been

the subject of

enforcement

action

by the State of South Carolina

on May 8,

1985.

On May 8,

1985,

the State of South Carolina assessed

a civil penalty of $5,000.00.

In

addition your South Carolina Waste Transport

Permit was

suspended

for not less

than

30 days.

You were also required to demonstrate

that adequate

measures

have

been

implemented to assure

compliance with all applicable provisions of

State

and Federal

law.

In view of these

circumstances,

we have decided

not to

issue

a civil penalty in this case.

You are required to respond to this letter and in preparing your response,

you

should, follow the instructions specified in the enclosed

Notice.

After reviewing

your response

to this Notice, including your proposed corrective actions,

the

NRC

will determine

whether further

NRC enforcement action is necessary

in order to

ensure

compliance with NRC regulatory requirements.

OFFICIAL RECORD

COPY

CP

PKG NINE MILE 2 - 0001.0.0

07/02/85

8507i90390

850702

PDR

ADQCK 05000220

6

PDR

Z&o/ (

~

Niagara

Mohawk Power Corporation

2

In accordance

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 its enclosure

will be placed in the

NRC Public Document

Room.

The responses

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 96-511.

Sincerely,

gi3gi'na1 5f,gned by

Thomas E. Murley,

Thomas

E. Murley

Regi onal

Admini strator

Enclosures:

1.

Notice of Violation

2.

NRC Inspection

Report

No. 50-220/85-08

cc w/encl:

T.

E.

Lempges,

Vice President,

Nuclear Generation

T. Perkins,

General

Superintendent,

Nuclear

Generation

D. Palmer,

Manager of guality Assurance

T.

Roman, Station Superintendent

J. Aldrich, Supervisor,

Operations

W. Drews, Technical

Superintendent

Troy B. Conner, Jr.

Esquire

John

W. Keib, Esquire

Director,

Power Division

Public Document

Room (PDR)

Local Public Document

Room (LPDR)

Nuclear Safety Information Center

(NSIC)

NRC Resident

Inspector

State of New York

OFFICIAL RECORD

COPY

CP

PKG NINE MILE 2 0002.0.0

07/02/85

V4'":~:tQf"X>. t't;z~zV

bcc w/encl:

SECY

CA

J.

M. Taylor,

IE

J. Axel rad,

IE

E. Flack,

IE

A. Grel 1 a,

IE

T.

E.

Mur 1ey,

RI

J.

Lieberman,

ELD

V. Stello,

DED/ROGR

Enforcement Coordinators

RI, RII, RIII, RIV,

RV

F.

Ingram,

PA

J.

Crooks,

AEOD

B. Hayes,

OI

S. Connelly,

OIA

L. Cobb,

IE

V. Miller, NMSS

D. Nussbaumer,

OSP

IE/ES File

IE/EA File

EDO Rdg File

DCS

Regional

Docket

Room (w/concurrences)

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OFFICIAL RECORD

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IR NINE MILE PT1 85-08 - 0003.0.0

06/20/85

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