ML17289B202
| ML17289B202 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 03/03/1993 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Oxsen A WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| Shared Package | |
| ML17289B203 | List: |
| References | |
| NUDOCS 9303120017 | |
| Download: ML17289B202 (12) | |
See also: IR 05000397/1992041
Text
REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:.9303120017
DOC.DATE: 93/03/03
NOTARIZED: NO
FACIL:50-397 WPPSS Nuclear Project, Unit 2, Washington Public Powe
AUTH.NAME
~
~
AUTHOR AFFILIATION
MARTIN,J.B.
Region
5 (Post
820201)
RECIP.NAME
RECIPIENT AFFILIATION
OXSEN,A.L.
Washington Public Power
Supply System
SUBJECT: Discusses
insp rept. 50-397/92-41
on 921130-1221
& forwards
6 proposed
imposition of civil penalty
in amount of
$ 5,000.Expresses
concern that violation'as
direct result of error by supervisor.
DISTRIBUTION CODE:
IE01D
COPIES
RECEIVED:LTR
ENCL
SIZE:
TITLE: General
(50 Dkt)-Insp Rept/Notice of Violation Response
NOTES:
DOCKET ¹
05000397
RECIPIENT
ID CODE/NAME
PD5
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NOTE TO ALL "RIDS
RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK.
ROOhI P 1-37 (EXT. 504-2065) TO ELIMINATEYOUR NAME FROM DISTRIBUTION
LISTS FOR DOCUh<ENTS YOU DON'T NEED!
TOTAL NUMBER OF COPIES
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++*++
Docket No.
50-397
License
No.
EA 92-254
MAR 03
1gg3
UNITED STATES
NUCLEAR REGULATORYCOMMISSION
REGION V
1450 MARIALANE
WALNUTCREEK, CAUFORNIA94596-5368
Washington Public Power Supply System
ATTN:
Mr: A. L. Oxsen
Acting Managing Director
Post Office Box 968
3000 George Washington
Way
Richland,
99352
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED
IMPOSITION OF CIVIL
PENALTY $5,000
NRC INSPECTION REPORT 50-397/92-41
This letter refers to the inspection conducted
on November 30
December
21,
1992, at your Washington Nuclear Project
2
(WNP-2).
Our inspection identified several
apparent violations of NRC
requirements,
as described in Inspection Report 50-397/92-41,
transmitted
by cover letter dated
December
28,
1992.
These
violations,
and your subsequent
corrective actions,
were the
topic of an open enforcement
conference
held at our Region
V NRC
office on January
12,
1993.
Violation I of the enclosed
Notice of Violation and Proposed
Imposition of Civil Penalty
(Notice) involved your shipment,
on
an open transport vehicle, of six packages
of low-level
radioactive waste to a nearby burial site on October 8,
1992.
Radiation levels
on contact with one of the packages
exceeded
the
limit for open vehicle transport,
as given in 49
CFR 173.441(a).
Although the radiation level was correctly identified on the pre-.
transport survey,
your radwaste
supervisor decided,
incorrectly,
that the shipment
was acceptable
after the package
was re-
oriented
so that, the excessive radiation level faced inward on
the vehicle.
This violation is of particular concern
because it
was the direct result of an error by a supervisor,
rather than
a
low level employee.
Notwithstanding that the placement of the package
on the vehicle
limited the potential for personnel
exposure,
this violation is a
significant r'egulatory concern
because
the recurring nature of
violations related to your program for the transportation
of
licensed material reflects
a potentially significant lack of
attention or carelessness
toward licensed responsibilities.
Therefore, in accordance
with the "General
Statement, of Policy
and Procedure for NRC Enforcement Actions" (Enforcement Policy),
10 CFR Part 2, Appendix C, Violation I has
been categorized
at
Your corrective actions for this matter included
a temporary
ban
93031200i7
930303
ADQCK 05000397
6
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E
l
I
j
t
2
on further shipments,
an investigation,
counselling the
supervisor,
changing the applicable procedure,
and retraining
radwaste
shipping personnel
on the radiation -limit for open
vehicles.'hese
corrective actions
address this specific .
violation.
We expect in your response
to the notice that you
will also address
any action necessary
to correct the broader
problem of continuing poor performance with the transportation
of
radioactive material.
To emphasize
the importance of ensuring that personnel,
and
especially supervisors,
understand
and adhere to the regulatory
requirements for transportation
of radioactive materials, I have
been authorized,
after consultation with the Director, Office of
Enforcement,
and the Deputy Executive Director for Operations,
to
issue the enclosed
Notice of Violation and Proposed
Imposition. of
Civil Penalty
(Notice) in the amount of
$5000 for the Severity
Level III violation.
The base value of a civil penalty for a
Severity Level III violation related to transportation
of.
radioactive material is
$2500.
The escalation
and mitigation
factors in the Enforcement Policy were considered
as discussed
below.
The base civil penalty was neither escalated
nor mitigated for
identification.
Although the excessive radiation levels were
noted
on the pre-shipment
survey by licensee personnel,
the
problem was first identified by a burial site representative.
No
mitigation was
deemed appropriate for your corrective actions,
as
discussed
above,
because
they do not address
the broader
performance
problem in the transportation
area.
The base civil
penalty was escalated
by 100 percent
because
the pre-shipment
survey data provided the supervisor with the prior opportunity to
react appropriately to the high radiation level prior to
shipment.
In addition,
"Clarification of Certain Requirements for Exclusive
Use
Shipments of Radioactive Materials," dated August 29,
1980, while
issued several
years
ago,
should have been captured in your
transportation
program.
From September
1990 to November
1991,
you lost your burial site authorization
on three occasions
due to
ina'ccurate
shipping papers,
inadequate
pre-shipment
surveys
and
waste misclassification.
In the past two years,
four violations
and one deviation have
been issued in the transportation
area.
However,
no additional escalation
was
deemed appropriate for your
past performance
as it was considered
in categorizing the
violation at Severity Level III.
The other factors were
considered
and no further adjustments
were considered
appropriate.
Therefore,
based
on the above,
the base civil
penalty has
been increased
by 100 percent.
The other apparent violations in the health physics area,
including the one involving the engineer
who failed to adhere to
posted
HP instructions prohibiting egress
from the radiologically
controlled area at an alternate
access
point on December
23,
q
il
P
Washington Public
Powei Supply
1991, will be addressed
under separate
correspondence.
Finally, one item will be considered
unresolve'd,
regarding the
need for performing an evaluation of radioactive contamination in
the service air system.
At the enforcement
conference,
your
Radiation Protection
Manager
(RPM) stated that samples of the
service air. system
had been taken,
on an informal basis,
between
1989 and,1992.
Your RPM stated,
further, that these air samples
had never
shown detectable
contamination,
and that,
as
a result,
further service air system'evaluation
had been unwarranted.
Ne
have asked that, results of those
samples
be made available to our
inspectois.
Until that, time, this item will be considered
- unresolved.
You are required to respond to this letter and should follow the
instructions specified in the enclosed
Notice when preparing your
response.
In your response,
you should
document, the specific
actions taken
and any additional actions
you plan to prevent
recurrence.
After reviewing your response
to this Notice,
including your proposed corrective actions
and the results of
future inspections,
the
NRC will determine whether further
NRC
enforcement action is necessary
to ensure
compliance with NRC
regulatory requirements.
In accordance
with 10 CFR 2.790 of the NRC's "Rules of Practice,-
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
Budget as required
by the
Paperwork Reduction Act o
980
Pub.
L. No.96-511.
Since ely,
B. Martin
Regional Administrator
Enclosure:
Notice of Violation and Proposed
Imposition
of Civil Penalty
cc:
See Next Page
,
I
l
I
1
CC:
J.
V.
J.
C.
J.
W.
G.
C.
A. G.
G.
E.
State
Parrish,
Assistant
Managing Director for Operations
Gearhart,
Quality Assurance Director
Baker,
WNP-2 Plant Manager
Sorensen,
Manager,
Regulatory Programs
Hosier,
WNP-2 Licensing Manager
Doupe,
Esq.,
Winston
& Strawn
of Washington
0-
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Washington Public
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DISTRIBUTION:'DR
SECY
CA
. JTaylor,
JSniezek,
DEDR
JMartin,
RV
JLieberman,
LChandler,
JGoldberg,
TMurley,
JPartlow,
Enforcement Coordinators,
RIg RII,g RIIIg RIV
FIngram,
GPA/PA
BHayes,
DWilliams, OIG
EJordan,
WTroskoski,
BBoger,
MVirgilio, NRR
TQuay,
KPerkins,
RV
MBlume,
RV
RHuey,
RV
PJohnson,
RV
JMitchell,
OEDO
JClifford,
GCook,
RV
DKunihiro, RV
RBarr,
RV
DProulx,
RV.
Day File
EA File
RV. Docket File
WTroskoski
02/
/93
RV
JMartin
02/
/93
OE:D
JLieberman
02/
/93
DEDR
JSniezek
02/
/93
Doc Name:
G:(OECASES)92254REV.WT