ML19305B106
| ML19305B106 | |
| Person / Time | |
|---|---|
| Site: | 05000077 |
| Issue date: | 02/20/1980 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML19305B102 | List: |
| References | |
| DD-80-08, DD-80-8, NUDOCS 8003190170 | |
| Download: ML19305B106 (3) | |
Text
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-Q DD 80-8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT VICTOR STELLO, JR., DIRECTOR In the Matt'er of Operating License R-31 CATHOLIC UNIVERSITY OF AMERICA DIRECTOR'S DECISION UNDER 10 CFR 2.206 By petition dated October 3,1979, P. Kelly 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 license be conducted; and (3) an order be issued to Catholic University to shew 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 4
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 requeste.'. action are a number of alleged incidents at the licensed facility including:
(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.
8003190Mo
[m" 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 temporarily 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 material was received by an unauthorized individual.
4.
Allegation:
Reactor room is wiinout 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.
Allegaticn:
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.
. v #* 7.
Allegation:
Improper security clearance for security officers.
Finding:
In one instance, a security guard was dismissed from perforcling duties in the reactor area following a National Crime Information Center check.
However, this situation did not violate any HRC 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 the facts stated in' the allegations are true, they do not constitute violations of NRC regula-tions. Therefore, Ms. Fitzpatrick's request that the operating license for Catholic University be suspended and an order issued to the licensee to chow cause as to why its license should not remain suspended is denied.
A copy of this decisicn 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 accordance with 10 CFR 2.205(c) of the Commission's regulations.
In accordance with 10 CFR 2.205(c) of the Commission's Rules of Practice, this decision vill constitute the final action of the Commission 20 days after the date of issuance, taless the Commission on its own motion institutes the review of this decision within that time.
gy Vic~ tor Stell6,' Jr.', Director Office of Inspection and Enforcement Dated at Bethesda, Ma^ryland this 266 day of February,1580 At tachment:
Investigation Report No. 50-77/79-02
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