ML19254F536
| ML19254F536 | |
| Person / Time | |
|---|---|
| Site: | 05000077 |
| Issue date: | 10/03/1979 |
| From: | Jay Dougherty, Fitzpatrick P AFFILIATION NOT ASSIGNED, DOUGHERTY, J.B. |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML19254F532 | List: |
| References | |
| NUDOCS 7911090585 | |
| Download: ML19254F536 (6) | |
Text
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e UNITED STATES OF AMERICA
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p BEFORE THE NUCLEAR REGULATORY COMMISSION OCT3 L-l979 1 o$$j)[hD PETITION OF P. KELLY FIT" PATRICK D?n a FOR EMERGENCY AND ?IMEDIAL ACTION
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- 1. Pursuant to 10 C.F.R. 52.206, P.
Kelly Fitzpatrick
(" petitioner") hereby petitions the Director of Nuclear Reac-tor Regulation of the Nuclear Regulatory Commission ("NRC" or "the Commission") to (1) suspend operating license R-31, curr-ently held by the Catholic University
(" licensee") and auth-orizing it to operate a nuclear reactor, (2) make an immediate on-site inspection of the licensee's facilities to investigate the license violations and other safety hazards alleged herein, and (3) issue an order requiring the licensee to appear and s..cw cause as to why its Operating license should not remain suspended pending a thorough inspection, review, and approval by the NRC of the licensee's reactor and related facilities, operating and materials handling procedures, and physical sec-urity program.
The requested relief is necessary to remedy pas: actions and continuing practices by the licensee which appear to present a serious threa: to the health and safety of persons l'ving and working in the Wachington, D.C.
- area, particularly those in proximity Oc Catholic University. In some cases these acts and practices violate directly the terms of the University's operating license; other incidents are of en%nown legality but demonstrate at bes: gross disregard for 1304 318 SWo9057
self-evident principles of reactor safety and nuclear mat-erials handling. Each incident is described more fully below and supported by documentary and other evidence in the poss-ession of the petitioner.
- 2. The petitioner resides at 1325 Quincy St.,
N.E.,
Washington, D.C.,
within one-half mile of the Catholic Univer-sity campus, where she is a full time student.
From 1978 to 1979 she was employed by the University, where she worked for the Office of Campus Security. In connection with her employ-ment with the Office of Canpus Security she obtained direct and indirect information regarding 3pparent misuse of the reactor facilities and mishandling of nuclear materials. Spec-ifically, it is alleged that:
3.
During the night of August 9-10, 1979, a security officer on patrel noticed gasoline fumes in the reactor room, located in the basement of the Pangborn building. No corrective action was taken until approximately nine o' clock the next
.crning, when a pool of gasoline was discovered on the floor of the reactor room.
It was later learned that the gasoline had leaked frcm a portable air compressor which was being stored in the reactor room.
The compressor had been placed in the room by a workman who was not employed by the University.
It is not known how or why this individual obtained access to the facility. The spill was subsecuently cleaned up and the compressor removed. Section 16-4 of the Technical Specifica -
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1304 319 ions appended to the University's operating license for the reactor specifically prohibits the storage of explosi ' mat-erials within the confines of the facility.
This incident thus appear: to constitute a patent violation of the terms of the license.
- 4. The Technical Specifications appended to the license also provide, in S16.4, that nuclear fuels and nuclear fueled experiments must be stored in a locked safe withi.m the reactor room.
However, spent nuclear fuel from the reactor in curr-ently bef.ng stored in a chemistry laboratory on campus. More-over, petitioner has in her possession documents showing that the lfcensee is planning, or was planning within the past few months, to store spent nuclear fuel within the personal office of Dr.
P.
W.
Chang. Scme modification of Dr. Chang's office for this purpose has been suggested in connection with this proposal.
These practices and/or plans appear to constitute further direct violations by the licensee of the specific re-cuirements of its operating license.
5.
Petitioner has witnessed the receip
^f shipped radio-active material by persons not authorized to possess it. Petit-ioner has been told of at least one instance in which a shipment Of radioactive tritium was accepted by an academic office within the University and not delivered to the appropriate offices for several days. Petitioner alleges generally the li~censee's lack of coordinated and safe procedures for receiving and handling radioactive substances.
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- 6. The reactor room is without surveillance devices, burglar alarms, or other equipment which would detect the entry or presence of a burglar or vandal.
Because the contents of the licensee's security program is not publicly available, it is not known whether such equipment is required.
- 7. Petitioner is unaware of the extent or gravity of the health and safety hazards presented by the incidents and circumstances described above.
It appears, however, that in at least two cases the licensee has violated the express terms of the operating license issued it by the Commission. Cum-ulatively, these incidents indicate a threat of not only an cperating accident and consequent release of radiation, but also the real possibility that nuclear materials might be diverted or the reactor itself sabutaged. In addition, there is no reason to assume that over the many years in which the licensee has owned and operated the reactor there have not been other, perhaps more serious violations.
- 3. On behalf of herself and other students and residents in the v'cinity of the licensee's reactor, Petitioner requests that the Cc= mission, pursuant to its obligations under the Atomic Energy Act, (1) suspend immediately the University'r cperating license, (2) conduct a prcmpt inspection of the licensee'.; facilities to determine the existence of any immed-iate hazards, (3) prevent the licensee from resuming reactor Operations until it has appeared before the Cc= mission and 17(v/
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demonstrated that the reactor can and will be operated in compliance with the terms of its license and in a manner protective of the public health and safety, and (4) take any other action which it may deem necessary or appropriate.
By P. Kelly Fitzpatrick, Bv her attorney, [
d Dated: October 3, 1979
'}/
Doughe[ty
.es B.
1416 S.
St.,
N.W.
Washington, D.C.
20009 (202) 452-9600 1 7 0. 4
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AFFIDAVIT OF P.
KELLY FITZPATRICK I hereby allege that the facts alleged in tha fore-going Petition for Emergency and Remedial Action are true and correct to the best of my knowledge and belief.
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