ML17289B204
| ML17289B204 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 03/03/1993 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | |
| Shared Package | |
| ML17289B203 | List: |
| References | |
| 50-397-92-41, EA-92-254, NUDOCS 9303120018 | |
| Download: ML17289B204 (6) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Washington Public Power Supply System Docket No.
50-397 Washington Nuclear Project 2
License No.
- Richland, Washington EA 92-254 During an NRC inspection conducted November 30 December 21I
- 1992, a violation of NRC requirements was identified.
In accordance with the "General Statement of Policy and Procedure
= for NRC Enforcement, Actions," 10 CFR Part 2, Appendix C, the Nuclear Regulatory Commission proposes to impose a civil'penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C.
- 2282, and 10.CFR 2.205.
The particular
'violation and associated civil penalty are set forth below:
I.
Violation Assessed.a Civil Penalt 10 CFR 71.5(a) requires each licensee who transports licensed material outside the. confines of its plant, or.who delivers licensed material to a'carrier for transport, to comply with the applicable requirements of the regulations appropriate to the mode of transport of DOT in 49 CFR Parts 170 through 189.,r 49 CFR 173.441(a)
- requires, with exceptions not applicable here, that each package of radioactive materials offered for transportation be designed and prepared for shipment so that under conditions normally incident to transportation, the radiation level does not exceed 200 millirem per hour at any
- point on the external surface of the package.
Contrary to the above, on October 8,
1992, the licensee transported, outside the confines of its plant, licensed material in a'ackage that arrived at its destination with a radiation level of 260 millirem per hour-on the external surface of the package.
This is a Severity Level III violation (Supplement V).
Civil Penalty
$5000..
Pursuant to the 'provisions of 10 CFR 2.201, Washington Public Power Supply System is hereby required to submit a written st'atement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation,- (2) the reasons for the violation if admitted, and if denied, the reasons
- why, (3) the corrective steps that have been taken and the results
- achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full-930312001S 9'30303 PDR ADOCK 05000397 Q
Notice of Violation compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, the Commission may issue an order or a demand for information 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.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C.
- 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcementi UPS.
Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed
- above, or may protest imposition of the civil penalty, in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued.
Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to an Notice of Violation" and may:
(1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3)- show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty, in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement, or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney
- General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234(c) of the Act, 42 U.S.C.
2282c.
The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document
Notice of Violation Control Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region V, and a copy to the NRC Resident Inspector, WNP-2.
Dated at Walnut Creek, California this g"" day of March 1993
NOTICE OF VIOLATION Washington Public Power Supply System Docket 50-397 Washington Nuclear Project 2
License NPF-21
- Richland, Washington EA 92-254 During an NRC inspection conducted November 30 - December 21, 1992, violations of NRC requirements were identified.
In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions,"
Appendix C, the violations are listed below:
A.
10 CFR 20.201(b) requires that each licensee make such surveys as may be necessary to comply with the requirements of Part 20 and which are reasonable under the circumstances to evaluate the extent of radiation hazards that may be present.
As defined in 10 CFR 20,201(a),
"survey" means an evaluation of the radiation hazards incident to the production,
- use, release,
- disposal, or presence of radioactive materials or other sources of radiation under a specific set of conditions.
10 CFR 20.311 requires that any generator of radioactive waste, to the extent practicable, provide the radionuclide identity and quantity on the shipment manifest.
Contrary to the above, on October 8, 1992, for Licensee Shipment 92 02, the licensee did not make surveys necessary to provide the radionuclide identity and quantity on the;shipment manifest.
This is a Severity Level IV violation (Supplement IV).
B.
10 CFR 20.301 requires that no licensee dispose of licensed radioactive material except by certain specified methods.
Contrary to the above, from August 1985 to December 1992, the licensee disposed of cooling tower sludge, containing radioactivity at an average concentration of 5 E-7 microcuries per milliliter, by burial in an onsite landfill, a method not. authorized by 10 CFR 20.301.
This is a Severity Level IV violation (Supplement IV).
C.
Technical Specification 6.8. 1 requires that written procedures shall be established, implemented, and maintained covering the activities referenced in Regulatory Guide 1.33, Appendix A.
Regulatory Guide 1.33, Appendix A, Section 1, "Administrative Procedures,"
references procedures as follows:
9.
Procedures for Performing Haintenance e.
General procedures for the control of maintenance,
- repair, replacement, and modification of work should be prepared before reactor operation is begun.
These
procedures should include information on areas such as the following:
(1)
Method for obtaining permission and clearance for operation personnel to work and for logging such work...
PPH 1.3.9, "Temporary Modifications," defines a temporary modification as "any alteration to the Plant which will cause a piece of equipment, a
component, or a system to be physically or functionally different from approved design documents."
PPH 1.3.9 outlines the requirements for performing such temporary modifications, including applicable approvals, engineering evaluations, and documentation, Contrary to the above, on Hay 28,
- 1992, and December 1,
- 1992, PPH 1.3.9 had not been implemented as required, in that check valves designed for
'ermanent installation had been removed from the service air system, and
-the required approvals, engineering evaluations, and documentation had not been performed.
This is a Severity Level IV violation (Supplement I).
D.
Technical Specification 6, 11.1 states:
Procedures for personnel radiation protection shall be prepared consistent with the requirements of'0 CFR Part 20 and shall be
- approved, maintained and adhered to for all operations involving personnel radiation exposure.
Licensee Procedure PPH l. 11. 11, "Entry Into, Conduct In, and Exit from Radiologically Controlled Areas," Section 4.5 states:
"Persons entering a
r adiologically controlled area shall adhere to all requirements specified by Health Physics (HP) personnel (i.e.,
RWP requirements, posted instructions, verbal instructions, etc.)."
PPM 11.2.6.2, "Direct Reading Pocket Dosimeters and Alarming Dosimeters,"
Section 6.3.9.a-c requires each person exiting the radiologically controlled area to record the time, pocket 'dosimeter reading, and net dose received on his or her radiation exposure card (REC).
In addition, if exposure was received, Section 6.3.9.e requires that the REC and pocket dosimeter shall be turned in to HP for recording the exposure.
Contrary to the above:
1.
On December 23,
- 1991, a WNP-2 engineer failed to adhere to posted HP instructions, which prohibited egress from the radiologically controlled area at an alternate access point.
2.
On December 3,
- 1992, a WNP-2 equipment operator failed to frisk himself as required by posted radiological instructions prior to entering the men's washroom located on the 487'evel of the
Radwaste Buildirg As of Decembe.r 6,
- 1992, approximately 36 RECs were found with either (1) the '...inc, pocket dosimeter reading, and net dose not recorded, or (2) exposure
This is a Severity Level IV violation (Supplement IV.
E.
Technical 'Specification 6.8. 1 requires that written procedures shall be established, implemented, and maintained covering the activities referenced in Regulatory Guide 1.33, Appendix A.
Regulatory Guide 1.33, Appendix A, Section 7, "Procedures for Control of Radioactivity," references procedures as follows:
b.
Solid Waste System (1)
Spent Resins and Filter Sludge Handling PPH 11.2.23.21, "Use of NUPAC Services Transport Cask Model 10/142,"
Prerequisite 4.2, requires that the waste burial classification for RW shipments be determined prior to using the shipping cask for radwaste shipments.
Contrary to the above, during September 1992, while processing spent resin in preparation for Radwaste Shipment 92-61-02, Liner f338 was not classified prior to using the shipping cask.
This is a Severity Level IV violation (Supplement IV).
Pursuant to the provisions of 10 CFR 2.201, Washington Public Power Supply System 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, with a copy to the Regional Administrator, Region V, and a copy to the NRC Resident Inspector, Washington Nuclear Project 2, within 30 days of the date of the letter transmitting this Notice.
This reply should be clearly marked as a "Reply to a Notice of Violation" and should include:
(1) the reason for the violation, or, if contested, the basis for disputing the violation, (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.
If an adequate reply is not received within the time sp'ecified in this Notice, the Commission may issue an order or a demand for information 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.
Dated at~Walnut Cre k, Ca ifornia this+~ day of a ~
1993