ML20006B662
| ML20006B662 | |
| Person / Time | |
|---|---|
| Issue date: | 01/22/1990 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Murphy G GENERAL FOODS CORP. |
| Shared Package | |
| ML20006B663 | List: |
| References | |
| REF-QA-99990001-900122 EA-89-247, NUDOCS 9002050212 | |
| Download: ML20006B662 (4) | |
Text
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License No. General License (30 CFR 31.5) l-EA 89-247 j
General foods Corporation i
Maxwell House Division l
ATTNi Mr. George Murphy 1
External Affairs Manager 1125 Hudson Street Hoboken, New Jersey 07030 l
Gentlemen:
l
SUBJECT:
NOTICE.0F. VIOLATION (NRC SPECIAL INSPECTION NO. 999-90001/89-014)
This letter refers to the;NRC inspection conducted on~ 0ctoberL12,1989, at 4
your facility-in Haboken, New Jersey and continued in-the NRC: Region I office en December 4,1989, upon receipt of information sent to Lthe NRC in your letter dated November 29, 1989. -The inspection consisted'of a review of: activities authorized by an_NRC general license under 10 CFR'31.5, The report of the
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inspection was forwarded to you on December 15, 1989.
The inspection was conducted to review the circumstances associated with a i
violation of NRC requirements involving the" inadvertent loss of a^ density
' gauge (containing approximately 50 millicuries of cesium-137)fto an unknown
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location. The loss apparently occurred -.inf August 1989 when,. during maintenance, contractors removed the piping to which the gauge:was a,ttached.
7 The loss, which was identified by your staff: on October 4,1989 when,they.
l attempted to leak test the source, was reported to the'NRC.onLthattdate.
On-December 21,.1989, an enforcement conference was held with.you and Mr. R. Lawrence during which the problem, its causes,1and your corrective actions were discussed.
L The NRC recognizes thatL the loss of the material is unlikely to. affect the g
public health and safety bscause the cource-was locked within the shielded j
gauge. Nonethe12ss, the violations. described in.theTenicosed Notic'e':are"
't significant because' they resulted in the loss of radioactive material which; could expose member: of the public to unnecessary amounts of radiation.
Two violations were-identified whict. involved: 1(1) permitting-unlicensed.
individuals to perforr the removal of a radioactive 5auge-from its insta11ed'
'l location, and'(2) transfer or disposal"of a radioactive gauge to persons not=
authorized torreceive the device, specifically, inadvertent transferal. to 'an unknown location'.
N 0FFICIAL RECORD COPY GEN ENFORCEMENT
.0001.0.0 9002030212 900122 01/19/90 N
1 REG 1 QA999 EMVGENF p8/.
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1 General. Foods Corporation 2
1 Because this incident demonstrates the need for you to ensure that adequate oversight and control of generally licensed material.is maintained at all_of your facilities to prevent the future loss or improper disposal of radioactive-materials, the associated violations have been classified as a Severity Level III problem.
in accordance with Supplement IV of the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, (Enforcement Policy) (1989). Normally, a civil penalty is considered for.a Severity level III problem; however, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director for Nuclear Safety, Safeguards, and Operations Support, I have decided that a civil penalty will not be issued in this case because:
(1) the loss was identified by your staff-and~ reported to.the NRC as a result of your policy of leak _ testing the gauge' at intervals of six months instead of the required 3 years; therefore 50%
mitigation of the. penalty based on this factor is warranted; and (2) your corrective actions were considered prompt and extensive, and therefore, 50%
mitigation of the penalty based on this factor is warranted. The other escalation / mitigation factors in the Enforcement Policy were considered and--
no further adjustment is warranted.
While a civil penalty is not being proposed, it is important to emphasize that loss of control of licensed material is of aerious _ regulatory concern and that arty recurrence may result in escalated enforcement action, ir..luding civi1 penalties and modification, suspension, or revocation of yo.;r authority under the general license. Any such future-enforcement action may. affect all facilities or divisions where material is used under the general license.
Further, as stated in the Enforcement Policy, when'a violation is discovered at one facility or location, NRC expects corporate. licensees.to'.take action as appropriate to prevent similar violations from occurring at each facility-or division where licensed material is used.
You are required'to respond to the enclosed. Notice, and should follow the instructions specified therein when preparing your response.
In the response, 1
General Foods should document the specific actions taken and any additional-actions planned to prevent recurrence.
This responseishould be prepared at
.the corporate level and should address all facilities or divisions that use' material under the general license (10 CFR 31.5) in States where-NRC has jurisdiction. To accommodate this process, an additional 30' days has been added to the usual response time provided in the enclosed Notice._ After L,
reviewing your response to this Notice, including your proposed corrective actions and the results of. future inspectiors, the NRC will determine'whether further action is needed to ensure compliance with1 regulatory requirements.
In accordance with Section 2.790 of the NRC's " Rules of Practice,"'Part.2, J
Title 10, Code of Federal Regulations, a copy of this letter and its enclosure a
l will be placed in the NRC Public Document Room.
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l 0FFICIAL RECORD COPY GEN ENFORCEMENT - 0002.0.0 i
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01/19/90 L
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The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required l
by the Paperwork Reduction Act of 1980, PL No.96-511.
Sincerely, L
Original Signed By:
L Thomas T. Martin l
William T. Russell Regional Administrator l
Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty ec w/ enc 1:
Public Document Room (PDR)
Nuclear Safety Information Center (NSIC)
State of New Jersey
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