ML17334B749
| ML17334B749 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 04/21/1998 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML17334B748 | List: |
| References | |
| 50-315-98-06-01, 50-315-98-6-1, 50-316-98-06, 50-316-98-6, EA-98-113, NUDOCS 9804280312 | |
| Download: ML17334B749 (4) | |
Text
QI NOTICE OF VIOLATION Indiana Michigan Power Company Donald C. Cook Nuclear Plant Docket Numbers 50-315; 50-316 License Numbers DPR-58; DPR-74 EA 98-113 During an NRC inspection conducted from February 9 through 13, 1998, violations of NRC requirements were identified..ln accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below:
M 10 CFR 71.5 requires, in part, that each licensee who transports licensed material outside of the site of usage, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable Department of Transportation regulations in 49 CFR parts 170 through 189 appropriate to the mode of transport.
A.
49 CFR 172.200(a) requires, with exceptions not applicable here, that each person who offers a hazardous material for transportation describe the hazardous material on the shipping paper in the manner required by subpart C of 49 CFR Part172.
Pursuant to 49 CFR 172.101, radioactive material is classiTied as hazardous material.
Contrary to the above, on January 26, 1998, the licensee offered radioactive material consisting of two packages labeled as surface contaminated objects to a carrier for transport and did not include with the shipment a shipping paper describing the material.
(01013) 49 CFR 172.600 requires, with exceptions not applicable here, that no person may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation, a hazardous material unless emergency response information conforming to subpart G of 49 CFR Part 172 is immediately available for use at all times the hazardous material is present.
Pursuant to 49 CFR 172.101, radioactive material is classified as hazardous material.
Contrary to'the above, on January 26, 1998, the licensee offered radioactive material for transport without the required emergency response information. (01023)
This is a Severity Level III problem (Supplement V).
The NRC has concluded that information regarding the reason for these violations; the corrective actions taken and planned to correct the violations, and prevent recurrence; and the date when full compliance will be achieved is already adequately addressed on the docket in Inspection Report 50-315/98006(DRS); 50-316/98006(DRS) and your April 15, 1998 response to the apparent violations. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 ifthe description therein does not accurately reflect your corrective actions or your position.
In that case, or ifyou choose to respond, clearly mark your response as a "Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D. C. 20555 with a copy to the Regional Administrator, Region lil, and copy to the D. C. Cook NRC Resident Inspector Office, within 30 days of the date of the letter transmitting this Notice of Violation.
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Notice of Violation Ifyou contest this enforcement action, you should'also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, D.C. 20555-0001.
Ifyou choose to respond, you response will be placed in the NRC Public Document Room (PDR). Therefore, to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Dated at Lisle, Illinois this 21 st day of April 1998