ML19309H195
| ML19309H195 | |
| Person / Time | |
|---|---|
| Site: | 05000054, 07000687 |
| Issue date: | 04/28/1980 |
| From: | Ballinger R UNION CARBIDE CORP. |
| To: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| References | |
| NUDOCS 8005090335 | |
| Download: ML19309H195 (7) | |
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l 80U5090335 e'
UNION CARBIDE CORPORATION MEDICAL PRODUCTS DIVISION P.O. BO X 324, TUX EDO, NEW YO RK 10987 TELEPHONE: 914-351 2131 Ea.cld. 5/5/Bo April 28, 1980 Mr. Victor Stello, Jr., Director Office of Inspection and Enforcement 4
U.
S. Nuclear Regulatory Commission Washington, DC 20555 Ref:
Docket No.70-687, Docket No. 50-54
Dear Mr. Stello:
Your letter dated April 7, 1980, alleges that on December 10, 1979, Union Carbide Corporation (Union Carbide) delivered to a carrier certain readioactive materials without providing instructions for maintenance of exclusive use controls in violation of 10 CFR 71.5 (a) and 4 9 CFR 173. 3 93 (j ).
The alleged violation has been classified as a Severity Level II violation pursuant to your Commission's " Criteria for Enforcement Action for Failure to Comply with 10 CFR 71" dated December 3, 1979 (the Criteria).
A civil penalty in the mmount of $3,000.00 is proposed.
Pursuant to the provisions of 10 CFR 2.205(b), Union Carbide respectfully submits this answer and requests that the proposed penalty be reduced for the reasons hereinafter stated.
As re-quired by Appendix B to your letter, a separate statement pur-suant to 10 CFR 2.201(a) is appended hereto and made a part
' hereof, which statement specifies the corrective actions taken by Union Carbide to prevent recurrance of similar violations or of related possible violations specified in the report of your Commission identified as "IE Combined Investigation Report f
No. 30-05986/80-01; 50-54/80-01; 70-687/80-01; 27-48/80-01 and 27-39/28-01" (hereinafter, the " Report").
)
e U.S.N.R.C. April 28, 1980 According to the Report, there were five incidents involved in connection with the matters presented therein; see inter alia, i
- p. 19.
Two of the said incidents resulted from actions taken by Union Carbide, the first involving allegedly improper pack-1 aging and offering of certain liquid waste materials, and the second involving the allegations specified in your letter of April 7, 1980.
With respect to the latter, the Report acknow-ledges that although Union Carbide was the ostensible shipper at Tuxedo, New York and prepared certain shipping documents, Union Carbide relied on its understanding and contractual ar-rangement with Nuclear Engineering Company, Inc. (NECO), and i
on the knowledge, experience and expertise of that company, for making shipping arrangements in conformity with applicable re-gulations.
Thus, the Report notes that NECO " considered themselves to be the single consignor having exclusive use of the Tri-State transport vehicle" (p. 6); NECO retained Tri-State as the carrier (p. 10); and NECO coordinated the loading of the carrier's vehicle (p. 12).
Under those circumstances, had Union Carbide marked its bill of lading to require exclusive use of the vehicle for its shipment only, such direction would have interfered with the driver's prior instructions regarding NECO's, but not Union Carbide's exclusive use of the same vehicle (Report, p. 12, second paragraph).
Indeed, the carrier's rate tariff as published and filed with the Interstate Commerce Commission pursuant to law, expressly provides that "All rates -named in this Tariff provide for the exclusive use of vehicle".
(See attachment hereto, which reproduces the title page of Tri-State Motor Transit Co. Tariff ICC TRSM 4007 and page 42 thereof, including Item No. 1170.)
Accordingly, despite Union Carbide's failure to request exclusive use by notation to that effect on the shipping document, the carrier would have been legally required by the terms of its own tariff to provide. such use exclusively for Union Carbide--- but for the apparent contrary instructions by NECO!
'In viewof the foregoing, and of numerous other statements through-out the Report, it is abundantly clear that any violation by Union Carbide resulted from confusion as to the respective obli-gations of NECO and Union Carbide.
It is equally clear that such violation would have been avoided entirely had Union Carbide in-sisted, as it properly could have, that all shipping documents tendered to the carrier be prepared by NECO as the " single consi-gnor having exclusive use".
Additionally, had NECO properly pre-pared and tendered such documents, it could not be maintained (as required under the Criteria for a Severity Level-II violation) that Union Carbide's conduct could result in the carrier's failure to exercise adequate control.
U.S.N.R.C. April 28, 1980 Moreover, as noted above, no failure by any shipper could effectively negate the carrier's legal duty to observe its own tariff requirement for exclusive use.
Thus the carrier's customary practice in conformity with such tariff, coupled with its economic self-interest in being paid for the full utilization of its vehicle, virtually guaranteed that exclusive use would, in fact, be provided.
It is respectfully submitted, therefore, that absent other deviations from the regulations not subject to its control, Union Carbide's conduct in and of itself could not reasonably be expected to result in inadequate carrier controls.
Accord-ingly, giving due consideration to all of the facts and circum-stances surrounding the said incident, the actual consequences reasonably attributable thereto, and the preventive action taken by Union Carbide as shown on the appended statement, it is re-spectfully suggested that the alleged violation should be reduced to Severity Level IV and that an appropriately reduced penalty be assessed.
Respectfully submitted, UNION CARBIDE CORPORATION l,,/ %
By:
4W R.'E.
Bollinger /
Vice-Presiden & General Manager Nuclear Products Medical Products Division JJMcG:lm cc:
C. J.
Konnerth J.
J. McGovern W. G.
Ruzicka M.
H. Voth
se' UNION CARBIDE CORPORATION MEDICAL PRODUCTS DIVISION STATEMENT OF CORRECTIVE STEPS TAKEN (Pursuant to 10 CFR 52.201(a))
A)
Corrective Steps Taken With Regard to Packaging and Shipment of Radioactive Waste Materials:
1)
All drums of such materials currently in storage and awaiting shipment from Tuxedo, New York have been opened and physically examined to assure proper loading and descriptions of contents so as to achieve full com-pliance with all applicable, rules and regulations of the NRC, DOT, and the appropriate disposal-site jurisdiction.
Any discrepancies located ti the course of such examination have been fully and adequately identified and corrected.
2)
Appropriate procedures have been issued in writing to all persons involved in the production, accumulation, packaging and shipment of such materials from Tuxedo, New York, requiring the proper segregation and identification of all such wastes in such manner as to facilitate and achieve full compliance with all such regulations.
3)
A program has been initiated, and will be main-rained, requiring that the contents of all packages con-taining such materials be witnessed and certified in writing-before such packages are sealed and placed in storage awaiting transportation from Tuxedo, New York for disposal.
No such package shall be shipped from Tuxedo or certified as in compliance with such re6ulations in the absence of a vitnessed certification with respect to the contents thereof.
4)
It is expected th~at the corrective steps identified in paragraphs (1) to (3), above, will prevent misidentification of future waste shipments from Tuxedo.
i i
UNION CARBIDE CORPORATION MEDICAL PRODUCTS DIVISION STATEMENT OF CORRECTIVE STEPS TAKEN B)
Corrective Steps Taken With Regard to the Preparation of Shipping Documents:
1)
All future shipments will be arranged directly between Union Carbide and the carrier, without reliance on any intermediaries for such arrangements.
Accordingly,
)
where " exclusive use" of a vehicle is required for any such shipment, such requirement will be communicated to the carrier so that no other shipper (or agent thereof) would be permitted to load materials in the same vehicle.
Suitable controls will be maintained by sealing such ve-hicle, and recording the seal number (s) on the shipping paper, advising the receiving disposal site thereof, and requiring that any deviation from such seals upon arrival at the. site must be immediately reported to Union Carbide.
2)
It is expected that the corrective steps identified in paragraph (B)(1), above, will prevent the shipment of radioactive materials from Tuxedo without appropriate doc-umentation or controls if and as required.
C)
Corrective Steps Regarding Training of Personnel:
1)
A comprehensive new training program, incorporating written manuals and other materials, is presently being developed and, when completed, will be used to train all Union Carbide personnel involved in the preparation, packaging, marking, shipuent and transportation of radioactive materials from Tuxedo, New York, and compliance with all applicable regulations.
The said program will include appropriate plans for maintaining such written materials to reflect modifications to such regulations or relevant technological changes, timely dissemination of information pertaining to such modifications and changes, training of newly hired personnel, and periodic retraining of all involved personnel.
2)
It is expected that the corrective steps identified in paragraph (C)(1), above, will, within a reasonable time after initiation thereof.on or about-July 1, 1980, result in improved awareness and understanding by all concerned re-garding applicable regulations and the importance of compliance therewith.
- 'h
/
,s' p.C.P.S.C.
MF-2 Cancels S.C.P.S.C. MF-1 ICC TRSM 4007 Cancels MF-I.C.C. No. 205 TRI-STATE KTOR TRANSIT CO., A Corporation i
i Docket No. MC-109397 and Subs 1
e IOCAI, CIMODITY TARIFF Naming i
SPECIFIC TRDCKIDAD CCPNODITY RATES MnEAGE TRUCKIDAD CCMODITY RATES Applying On I
RADIOACTIVE MATERIAIS AND INPTY OCNIAINERS FOR RADIOAC.TIVE MATERIAIS FRCM, 'ID, OR BEINEEN POINIS AND PIACES IN:
Alabama Illinois M3ntana Rhode Island Alaska Indiana Nebraska South Carolina Arizona Iowa Ikvada South Dakota Arkansas Kansas
&H fornia Kentucky New Jersey Texas Colorado Inuisiana New Mexico Utah Connecticut haine New York Vernant Delaware Marylard North Carolina Virginia District of Massachusetts North Dakota Washington Columbia Michigan Ohio West Virginia Florida Minnesota Oklahma Wisconsin Georgia Mississippi Oregon Wyming Idaho Missouri Pennsylvania (To the extent j
authorized)
For Reference to Governing Publications, See Item 830.
f ISSUED:
March 6, 1979 mmE*
April 13, 1979 ISSUED BY:
1 I
E. S. Gordon, Sr. Vice President, Traffic East Seventh Street Road i
Post Office Box 113 Joplin, Missouri 64801 The provisions published herein will, if effective, not result in an effect on the cuality of the human environment.
Tl
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Itm No.
RULES AND FuRJIATIONS GOVERGE TARIFF (Cont. )
IDADIIG OR UNIDADING HEAVY OR BUI2Y ARr1CLES (Cont.)
i i'
f (1) Ten ($10) dollars per man hour (2) A charge of $0.15 per foot of additional chain or cable supplied bf carrier plus the actual cost of any blocking j
I
(
and/or bracing materials.
Except as otherwise directed bf the shipper, the carrier shall f
make determinations for placment of the shiptent for pwper l
I l
weight distribution.
l 1160 (b) Where cranes, derricks, trucks, or other mechanical equignent (Cont.)
are required for loadirg or unloading, same shall be furnished i
by the shipper (or consignee) failing which, carrier shall I
g arrange for such equipnent and the actual cast shall be borne
{
).
by the shipper (or consignee).
3 (c) Charges provided in (a) or (b) above are in addition to all i
other aoplicable charges.
j C
1 EXCwSIVE USE OF VEHICLE I
1170 All rates naned in this Tariff provide for the exclusive use of vehicle.
DEFINITIO4 OF TER4 "PER VEHICLE USED" l,
hhere the term "Per Vehicle Used" appears, a vehicle of not less 1180 than fifteen hundred (1500) cubic feet capacity will be provided.
i l
l E"
l EXCESS vAwE CHacE p
u Shipnents having an actual value more than one million ($1,000,000) l dollars shall be transported at the rates publishal in Sections I 4
=@
l11S0 and II of this Tariff, plus a charge of three ($0.03) cents per each ;
7 one hundred dollars ($100.00), or fraction thereof, that the actual C
value of the shipnent exceeds one million ($1,000,000) dollars. This,
l Eq; charge will be in addition to all other applicable charges.
f I
,y
"'P1JIER SET GUT I
k l
Trailer equipnent ordered set at the facilities of a shipper or i
consignee will, in aSdition to all other apolicable charges, be f
l1200 charged a rate of $1.50 per mile for each mile in excess of 50
/
miles between the point of trailer placment and the nearest l
Tri-State teminal, plus the following:
i (Continued)
For Explanation of Abbreviations and Reference Marks, See Item 820..
42 lL"