ML19296D573
| ML19296D573 | |
| Person / Time | |
|---|---|
| Site: | 05000077 |
| Issue date: | 02/20/1980 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML19296D569 | List: |
| References | |
| DD-80-08, DD-80-8, NUDOCS 8003060013 | |
| Download: ML19296D573 (3) | |
Text
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s DD 80-8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT VICTOR STELLO, JR., DIRECTOR In the Matter of Operating License R-31 CATHOLIC UNIVERSITY OF AMERICA DIRECTOR'S DECISION UNDER 10 CFR 2.205 By petition dated October 3,1979, P. Kell,y Fitzpatrick requested, pursuant to 10 CFR 2.206 of the Commission's regulations that: (1) the license issued to Catholic University for operation of a reactor be suspended; (2) an inspection and investigation of alleged violations of the operating ifcense be conducted; and (3) an order be issued to Catholic University to show cause why the license should not remain suspended pending a thorough review of the licensee's operations. The petition was addressed to the Director of the r
Office of Nuclear Reactor Regulation; however,.it was referred to.this office for action because the subject matter of the petition is more appropriately within the jurisdiction of the Office of Inspection and Enforcement.
Notice of receipt of the petition was published in the Federal Register on November 1, 1979 (44 Fed. Reg. 62970).
The bases of Ms. Fitzpatrick's requested action are a number of alleged incidents at the licensed facility inc.luding:
(1) storage of gasoline, an explosive material, within the facility, in violation of license Technical Specifications; (2) storage of licensed material in a chemistry laboratory and a personal office in violation of license Technical Specifications; (3) receipt of radioactive material by persons unauthorized to possess it; and (4) inadequate security program.
80030600(
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,. In response to Ms. Fitzpatrick's petition an inspection and investigation were conducted at Catholic University on October 29 and 30, 1979.
In the course of the investigation, an investigator from the Region I office inter-viewed Ms. Fitzpatrick and her attorney.
The findings of the investigation are set forth in Investigation Report No. 50-77/79-02, a copy of which is attached and incorporated herein by reference.
The findings of the inspection can be summarized as follows:
1.
Allegation: Gasoline and fumes in the reactor room.
Finding: Gasoline and fumes leaked from an air compressor te::!porarily stored in a room next to the reactor room; no violation of Technical Specifications is involved.
2.
Allegation:
Storage of spent nuclear fuel in unauthorized locations.
Finding:
Nuclear fuel was not stored in an unauthorized location.,
3.
Allegation: Unauthorized receipt of radioactive material shipment of tritium.
Finding: No instance was found when a shipment of radioactive caterial was received by an unauthorized individual.
4.
Allegation: Reactor room is without intrusion alarms or surveillance devices.
Finding:
These measures are not specifically required by the university's security plan; no items of noncompliance with regula-tions regarding security were found in this inspection or on a previous one in January 1979.
5.
Allegation:
Real possibility of diversion of nuclear materials or sabotage of reactor.
Finding: No evidence to support this allegation.
6.
Allegation:
Inadequate instruction to security officers in regard to personnel radiation monitoring.
Finding:
Personnel monitoring equipment is not required by NRC regulations for the security officers.
In spite of this, security officers are provided personnel monitoring equipment and instruction to them was determined to be adequate.
... 7.
Allegation:
Improper security clearance for security officers.
Finding:
In one instance, a security guard was dismissed from performing duties in the reactor area following a National Crime Information Center check.
However, this situation did not violate any NRC requirements nor any requirements of the university security plan.
On the basis of these findings I have concluded that the allegations made by Ms. Fitzpatrick were either unsubstantiated in fact or if t' e facts stated in the allegations are true, they do not consti~tute violations of NRC regula-tions.
Therefore, Ms. Fit: patrick's request that the operating license for Catholic University be suspended and an order issued to the licensee to show cause as to why its license should not remain suspended is denied.
A copy of this decision will be placed in the Commission's Public Document.
Room at 1717 H Street, N.W., Washington, D.C.
20555.
A copy of this document will also be filed with the Secretary of the Commission for its review in -"
accordant.e with 10 CFR 2.206(c) of the Commission's regulations.
In accordance with 10 CFR 2.206(c) of the Commission's Rules of Practice, this decision will constitute the final action of the Commission 20 days after the date of issuance, unless the Commission on its own motion institutes the review of this decision within that time.
A Vicitor StelloT Jr.',
Director Office of Inspection and Enforcement Dated at Bethesda, Ma~ryland this 76G.- day of February,1980
Attachment:
Investigation Report No. 50-77/79-02
' * *' as UNITED 5TATES o
NUCLEAR REGULATORY CoMMisslON e
REG lCNt s
j 831 #A51K AVENWE f
MINQ QF PftU138A. PENN3YL.VANIA 1HC8 u
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DEC t 2 1979 Docket No. 50-77 Catholic University ATTN:
Dr. Y. C. Whang, Chaiman Mechanical Engineering Department 620 Michigan Avenue, N. E.
Washington, D. C.
20064 Gentlemen:
Subject:
Investigation 50-T//79-02 This refers to the investigation conducted by Dr. C. O. Gallina of this cf9.e on October 29-30, 1979 of activities authorized by NRC License No. R-31 and to the discussions of our findings held by Dr. Gallina with Dr. Jordan and Dr.
Ebert at the conclusion of the investigation.
Arecs examined during this investigation are described in the Office of Inspection and Enforcement Investigation Report which is enclosed with this letter. Within these areas, the investigation consisted of selective examinations of procedures and representative records, interviews with personnel, measurements made by the investigators, and observaticas by the investigator.
Within the scope of this investigation, no items of noncompliance were cited.
However, an inspection of your Radiation Protection Program, which was perfomed concurrently with this investigation, identified two deficiency level items of noncompliance. These items are described in der. ail in NRC Inspection Report No.
50-77/79-03, which has been fo:varded to you under a separate cover.
In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosed investi-gation report will be placed in the NRC's Public Document Room.
If this report contains any infomation that you (or your contractor) believe to be proprietary, it is necessary that you make a written application within 20 days to this office to withhold such information from public disclosure. Any such application must be accompanied by an affidavit executed by the owner of the information, which identifies the document or part sought to be withheld, and which contains a statement of reasons which addresses with specificity (the items which will be considered by the Commission as listed in subparagraph b) (4) of Section 2.790 The infomation sought to be withheld shall be incorporated as far as possible into a separate part of the affidavit.
If we do not hear from you in this regard within the specified period, the report will be placed in the Public Document Room.
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Catholic University 2
No reply to this letter is required; however, should you have any questions concerning this investigation, we will be pleased to discuss them with you.
Sincerely, eh,
C f
t
Enclosure:
Office of Inspection and Enforcement Investigation Report Number 50-77/79-02 cc w/ encl:
Dr. E. D. Jordan, Director of Information Systems and Planning W. Keene, Radiation Safety Officer bec w/ enc 1:
IE Fttil & Files (For Apprcpriate Distribution)
Central Files Public Docu: cent Room (PDR) tiuclear Safety Infomation Center (?! SIC)
- Technical Infor ation Center (TIC)
REG:I Reading Room Director, Region IV (Report Only)
District of Colu=bia N
U.S. NUCLEAR REGULATORY COMMISSION 0FFICE OF INSPECTION AND ENFORCEMENT Region I Report No. 50 77/79-02 Occket No. 50-77 License No. R-31 Priority Category G
Licensee:
Catholle University of Anerica (CDA) 620 Michigan Avenue, N.E.
Washington, D.C.
20017 Facility f!ame:
Catholic University of America Investigation at: Washington, D.C.
Investigation conducted:
Octo r 29-30, 1979 Investigators:
A,ha d. M1AE
- -/9 79 C. O. Galli
, investigation Spec 1alist date signed t w / n / ~1 9
- 4. 'E. Plumlee, Raolation Specialist date signed date signec care signeo Approved by:
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j ) - J Q
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[J. 'i. Allan, Deputy Director, NRC-Region I care signea b
Investication Sunmarv:
Investigation on October 29-30,1979 (Investication Recort No. 50-77/79-02)
Areas Invest 1catec:
ine Investigation covered several allegations relating to tne operation of the AGN-201 research reactor and related radiation safety and security programs.
The allegations were made in writing as part of a petition filed with the USNRC on October 3,1979, in accordance with the provisions of 10 CFR 2.206.
In addition. other allegations were included in correspondence to the President of CUA dated September 26, 1979, and during an interview with NRC investigators on October 29, 1979. The investigation involved 14 man-hours on site by one NRC investi ator and one NRC inspector.
Resu ' -
ticated, five (5) were found to be
.uns
, while substantiated, invoJved mini security, and did not violate any DUPLICATE DOCUMENT ompliance or deviations are cite NOTE Entire document previously 5 was conducted concurrent -
witn entered into system under:
iciency level items of noncom-
=
deta
[
ed in 10 CTR 19.11.
The plia ANO noncompliance are documented i" N No. of pages:
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