ML19274C962
| ML19274C962 | |
| Person / Time | |
|---|---|
| Site: | 07000371 |
| Issue date: | 12/21/1978 |
| From: | Jennifer Davis NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Ganley D UNITED NUCLEAR CORP. (SUBS. OF UNC, INC.) |
| References | |
| NUDOCS 7901080092 | |
| Download: ML19274C962 (2) | |
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!9IHIS DOCUMENT CONTA P00R QUAUTY PAGES orc 211978 United Nuclear Corporation Docket No.70-371 Naval Products Division ATTM Mr. D. E. Ganley General Manager 67 Sandy Desert Road Uncasville, Connecticut 06382 Gentlemen:
This refers to your letter and enclosures dated June 16, 1978, in response to our letter of May 31, 1978. Our letter forwarded a Notice of Violation and a Notice of Proposed Imposition of Civil Penalties in the amount of Eleven Thousand Dollars ($11,000) based on the results of an inspection of physical security activities at your Montville facility on February 13-17, 1978.
Your letter and enclosures of June 16, 1978 provide information in support of your protest of the imposition of Civil Penalties. The response states that from February 9 to February 15, 1978, when the isolation zone monitoring system was disabled by snow, the compensatory measures employed by you were consistant with your intent of substitute security measures required by your approved security plan. Your response states that these additional measures provided the level of security around the protected area required by 10 CFR 73.50(b)(4). While we do not agree that the level of security around the protected area fully complied with 10 CFR 73.50(b)(4), we acknowledge that some substitute swasures wers taken. We also recognize the unusual circumstance of the record snow storm which occurred on February 6 and 7,1978.
Consideration of the size and location of buildings within the protected area and the length of the perimeter fence, leads us to conclude that substitute measures implemented during the period of February 9 through 15, 1978 were marginal. 10 CFR Part 73.50(b)(4) requires the isolation zone to be monitored to detect the presence of individuals or vehicles within the zone to the extent that response by armed ammbers of the licensee security organization can be initiated at the time the pro-tected area is penetrated. We have requested that the Office of Nuclear Material Safety and Safeguards provide clarification of the NRC position oo generic requirements in this area.
CERTIFIED MAIL 790108049h RETURN RECEIFT REQUESTED t
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United Nuclear Corporation DEC 21 B78 Based on the fact that some substitute measures were taken, the lack of specific requirements concerning these substitute measures and in view of the mitigating circumstances of the snowfall, we are reclassifying Item No.1 in the Notice of Violation as an Infraction. In view of this action, and in light of all the circumstances noted above, we no longer propose the imposition of civil penalties.
However, with the exception of Item No. 5 which is hereby withdrawn, we conclude that the reemining items of noncompliance did occur as stated in the flotice of Violation. We have reviewed the corrective actions taken and those planned with respect to these items and we have no further questions at this time. Your corrective actions will be examined during a subsequent inspection.
No reply to this letter is required; however, should you have any questions concerning this natter, we will be pleased to discuss then with you. Your letter dated June 16, 1978 and its enclosures have been detemined to be proprietary information pursuant to 10 CFR 2.790(d) and as such will not be placed in the Public Document Room.
Sincerely, osaw s+,4 s,
{ L E Paus John G. Davis Acting Director Office of Inspection and Enforcenent Distribution: w/o cpy of ltr w/ copy ltr dtd 6/16/78 and enclosures:
dtd 6/16/78 and encls J. G. Davi s, ; ~~'.
D. Chapell,,1 E. M. Howard PDR NSIC
.J. P. Murray',' ECD Z _'
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. United Nuclear Corporatbn _
Based on the fact that some substitute measures were t,aken and in view of the mitigating circumstances of the snowfall, we ate reclassifying Item No.1 in the Notice of Violation as an Infracti' n.
In view of this o
action, and in light of all the circumstances not d above, we no longer i
j propose the imposition of civil penalties.
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However, with the exception of Item No. 5 whi is hereby withdrawn, we
' conclude that the remaining items of noncompliance did occur as stated in the Notice of Violation. We have reviewed the corrective actions
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taken and those planned with respect to these itens and we have no further questions at this time. Your corrective actions will be examined during a subsequent inspection.
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No reply to this letter is required; however, should you have any questions concerning this matter, we,will be pleased to discuss them with you. Your letter dated June 16', 1978 and its enclosures have been determined to be proprietary information pursuant to 10 CFR 2.790(d) and i
as such will not be placed in the 'Public Document R6om.
Sincerely, I
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John G. Davis j/
Acting Director
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Office of Inspection l
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and Enforcement Distribution: w/o.cpy of ltr w/ copy ltr dtd 6/16/78 and enclosures:
dtd 6/16/78 and encls J. G. Davis, Copy No.
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E. M. Howard, Copy No.
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D. Chapell, Copy No.
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J. P. Murray, ELD, Copy No.
LPDR
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J. Lieberman, ELD, Copy No.
State of ConnecticV.
G. Abston, IA, Copy No.
SECY J. Crooks, MIPC, Copy No.
CA (3)
Coordinators: Regions I, II, III, IV, V F. Ingram, PA L. C. Roese, 'NF.:.S IETITes Copy No.
R. G. Page, NMSS.
Central Files Copy No.
X00S Reading File Civil Penalty Book Copy No.
ED0 Reading File CON Copy No.
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