ML20002A909

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Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in IE Waste Packaging Insp Rept 15000039/80-14
ML20002A909
Person / Time
Site: 02700047, FitzPatrick
Issue date: 10/28/1980
From: Galen Smith
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Pasternak R
POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
Shared Package
ML20002A910 List:
References
NUDOCS 8012090149
Download: ML20002A909 (1)


See also: IR 015000039/1980014

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NUCLEAR REGULATORY COMMISSION

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Docket No. 50-333

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Power Authority of the State of New York

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James A. FitzPatrick Nuclear Power Plant

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ATTN: Mr. R. J. Pasternak

Resident Manager

P. O. Box 41

Lycoming, New York 13093

Gentlemen:

Subject:

Inspection 50-333/80-14

This refers to your letter dated September 18, 1980, in response to

our letter dated September 3,1980.

Thank you for informing us of the corrective and preventive actions

documented in your letter. These actions will be examined during 1

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subsequent inspection of your licensed program.

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Your cooperation with us is appreciated.

Sincerely,

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Geo ge

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F cility and Materials

fety Branch

cc:

George T. Berry, President and Chief Operating Officer

J. P. Bayne, Senior Vice President-Nuclear Generation

A. Klausmann, Director, Quality Assurance

M. C. Cosgrove, Site Q,tality Engineer

J. F. Davis, Chairman, Safety Review Committee

C. M. Pratt, Assistant General Counsel

G. M. Wilverding, Manager-Nuclear Licensing

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POWER AUTHORITY OF THE STATE OF NEW YORK

.IAMES A. FIT 2 PATRICK NUCLEAR POWER PLANT

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RAYMOND J. PASTERNAK

P.O. Box 41

Res; dent Meneger

Lycoming, New York 13093

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315-342 3840

September 18, 1980

JAFP-80-738

SERIAL:

Mr. Boyce H. Grier

United States Nuclear Regulatory Commission

Region I

631 Park Ave.

King of Prussia, PA 19406

Subject:

INSPECTION NO. 50-333/80-14 (15000039/80-14)

Dear Mr. Grier:

With reference to the inspection conducted by Mr. T. C. MacArthur of your

Region II office on June 19, 1980 at the Chem-Nuclear Systems, Inc., and in

accordance with the provisions of Section 2.201 of Part II of Title 10 of the

Code of Federal Regulations, we are submitting our response to Appendix A_ Notice

of Violation transmitted by your letter dated September 3,1980 as received by

the undersigned on September 11, 1980.

APPENDI.T A

NOTICE OF VIOLATION

Based on the results of an NRC inspection conducted on June 19, 1980 of the

shipment of radioactive waste which was shipped from your facility on or about

June 17, 1980, it appears that one of your activities was not conducted in full

compliance with federal regulations and the conditions of your NRC facility

license DPR-59 as indicated below.

10 CFR 71.5 prohibits delivery of licensed material to a carrier for transport

unless the licensee complies with applicable regulations of the Department of

Transportation in 49 CFR Parts 170-189.

49 CFR 173.392(c)(8) requires that the outside of each package of low specific

activity radioactive materials transported in a sole use vehicle must be stencilled

or otherwise marked " Radioactive LSA".

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JAFP-80-

Contrary to the above, on or about. June 17, 1980, the licensee delivered a

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. package of low specific activity (LSA) radioactive licensed material to a

carrier for transport to the waste burial site on a tractor-trailer assigned for

sole use and upon arrival at the burial site on June 19, 1980, the outside of

the package (a Model 14-195-H, Number 10 shipping cask) was not stencilled or

otherwise marked " Radioactive-LSA" to identify the contents.

This is a Severity Level IV noncompliance.

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While we cannot dispute the condition of the vehicle upon arrival, we can

. provide evidence that the vehicle was properly placarded and labeled immediately

prior to leaving the Fit: Patrick plant. We do recognize our responsibilities as

the " shipper", however, it should be pointed out that 49 CFR 176.33 and 177.815

require the " carrier" to replace label (s) that become lost or detached.

In

fact, we provided additional placards and labels to the carrier for the purpose

of replacement enroute on this occasion.

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This particular shipment record was reviewed and a copy is available for your

review at the plant. With regard to these records, the fo'. lowing is noted:

1.

The Chem-Nuclear Systems Inc. engineer responsible for preparing the concentrator

bottoms (solidifying) for burial verified, by his signature, that the

shipment, among other things, was properly marked and labeled. This is in

referene to the Barnwell Waste Management Facility shipment record.

2.

The technician responsible for preparing the shipment records, verified by

his signature that the shipment, among other things, was properly marked

and labeled. This is in reference to the Power Authority of the State of'

New York (PASNY) shipment record.

3.

The Home Transport Company driver verified by his initials that he was

tendered and acnepted, two each, additional " RADIOACTIVE" placards and

"RADI0 ACTIVE-LSA" labels. This was done to assure that the carrier would

have an adequate supply of replacement placards and labels to enable him to

conform with the requirements of 49 CFR 177.815. This is in reference to

the PASNY shipment record. The driver, also, verified that just prior to

leaving the site the vehicle and shipping cask were properly placarded and

labeled. This is in reference to the Driver Checklist / Security Checklist

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form.

4.

The driver was provided a one page instruction sheet, which among other

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things, instructed him that each outside package must be stencilled or

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otherwise marked " Radioactive - LSA".

Refer to Chem-Nuclear's " Notice to

Carrier", " Driver Instructions for Exclusive Use Vehicles" which is included

with each set of shipment papers.

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5.

The adhesive quality of the Radioactive - LSA labels used at James A.

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FitzPatrick Nuclear Power Plant was recently tested by placing and removing

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one from an LSA cask.

It was determined that these labels are very difficult

to manually remove and it would be highly unlikely that inclement weather

conditions enroute could result in the removal of both labels that were and

are attached to each LSA package shipped from this plant.

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JAFP-80-

The system of checks just described provides reasonable assurance that the cask

referred to in this inspection was properly labeled prior to leaving this site.

To ensure that future shipments display the proper placards and labels enroute

and at it's destination, Plant Standing Order No. 18 Exhibit 9.1 will be revised.

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This exhibit pertains to a statement prepared by PASNY instructing the carrier

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driver to follow specified routes, to call the plant SS if delayed and to not

tamper with the contents of the shipment.

This statement shall be read and

signed by the driver. We will add to this statement instructions to the effect

that the vehicle be inspected after each significant stop (rest, fuel, food,

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etc) to ensure that it remains properly placarded, the package (s) properly

labeled (if visible) and the cargo area properly sealed (if required).

This added statement will be placed in the procedure, the procedure revision

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approved and issued no later than October 31, 1980.

Very truly yours,

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Raymond J. Pasternak

Resident Manager

CC:

G. H. Smith - NRC

G. T. Berry - NYO

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J. P. Bayne - NYO

A. Klausmann - NYO

J. F. Davis - NYO

C. M. Pratt - NYO

G. M. Wilverding - NYO

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R. Baker

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M. C. Cosgrove

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E. A. Mulcahey

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Document Control Center

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