ML19350C915
| ML19350C915 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 04/07/1981 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML19350C912 | List: |
| References | |
| EA-81-029, EA-81-29, NUDOCS 8104100183 | |
| Download: ML19350C915 (2) | |
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APPENDIX A NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALIIES Docket Nos. 50-321 Georgia Power Company 50-366 Edwin I. Hatch Nuclear Plant, License Nos. DPR-57 Units 1 and 2 NPF-5 EA 81-29 As a result of the inspection conducted on December 10 and 11, 1980, and in accordance with the Interim Enforcement Policy, 45 FR 66754 (October 7,1980),
Section 234 of the Atomic Energy Act of 1954, as amended (42 USC 2282, PL 96-295),
10 CFR 2.201 and 10 CFR 2.205 of the Commission's regulations, the NRC proposes to impose civil penalties in the amounts set forth below for the following alleged violations.
A.
10 CFR 20.105(b)(1) requires that no licensee shall possess, use or transfer licensed material in such a manner as to create in any unrestricted area, radiation levels which, if an individual were continuously present in the area, could result in his receiving a dose in excess of two millirems in any one hour.
Contrary to the above, radiation levels of 10 millirems per hour at three feet above the surface were measured in the waste oil storage area, an area not restricted for purposes of radiation control.
This is a Severity Level III Violation (Supplement IV.C.2).
Civil Penalty - 57,500.
B.
Technical Specification 6.8.1.a requires that written procedure be established, implemented and maintained covering the activities as recommended in Appendix A of Regulatory Guide 1.33, Rev. 2, February l
1978. Appendix A.7. specifies procedures for control of radioactivity.
Contrary to the above, procedures for the control of radioactivity were f
inadequate in that they did not provide for obtaining representative
-samples of the contents of waste oil drums. As a result, a substantial potential existed for release of radioactivity to unrestricted areas.
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This is a Severity Level III Violation (Supplement IV.C.4). Civil l
Penalty - 57,500.
Pursuant to the provisions of 10 CFR 2.201, Georgia Power Company is hereby required to submit to this office within twenty-five days of the date of this l
Notice a written statement or explanation, including for each alleged violation:
(1) admission or denial of the alleged violation; (2) the reason for the violation if admitted, (3) corrective steps which have been taken and the B10.410 0
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8 Appendix A (Continued)..
results achieved, (4) corrective steps which will be taken to avoid further violations and (5) the date when full compliance will be achieved.
Under the authority of Section 182 of the Atomic Energy Act of 1954 as amended, this response shall be submitted under oath or affirmation.
Georgia Power Company, within twenty-five days o'f the date of this Notice, may pay the civil penalties in the cumulative amount of Eifteen Thousand Dollars or may protest the imposition of the civil panalties in whole or in part by a written answer.
Should Georgia Power Company fail to~ answer within the time specified, this Office will issue an Order imposing the civil penalties in the amount proposed above.
Should Georgia Power Company elect to file an answer in accordance with 10 CFP. 2.205 protesting the civil penalties, such answer may (a) deny the violations listed in the Notice of Violation in whole or in part, (b) demonstrate extenuating circumstances, (c) show error in the Notice of Violation or (d) show other reasons why the penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the stat'ement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (r.g., giving page and paragraph numbers) to avoid repetition.
Georgia Power Company's attention is directed to the other provisions of 10 CFR 2.205 regarding, in particular, failure to answer and ensuing orders; answer, consideration by this office, and ensuing orders; requests for hearings, hearings and ensuing orders; compromise; and collection.
Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Atomic Energy Act of 1954, as amended (42 USC 2282).
FOR THE NUCLEAR REGULATORY COMMISSION Victor St 4o, Jr, Director Office of.Inspe ion and Enforcement Dated at Bethesda, Maryland this 7th day of April 1981 i
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