ML20011B169
| ML20011B169 | |
| Person / Time | |
|---|---|
| Site: | University of Wisconsin |
| Issue date: | 11/24/1981 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20011B166 | List: |
| References | |
| EA-82-011, EA-82-11, NUDOCS 8112040330 | |
| Download: ML20011B169 (2) | |
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Aopendix NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF A CIVIL PENALTY l
University of Wisconsin Docket No. 50-156 Madison, WI 53706 License No. R-74 EA 82-11 As a result of an inspection conducted at the University of Wisconsin, Nuclear Reactor Laboratory, Madison, Wisconsin, on September 18, 1981, the violation of NRC requirements listed below was identified.
The violation relates to the operation of the research reactor at full power without an operator present at the controls.
The period during which the reactor was unattended was brief.
Because of this, and on account of the operational characteristics of TRIGA reactors, the safety significance of the incident is limited.
However, but for the coincidence that a licensed senior operator observed the absence of an operator at the controls within seconds, the period could have been much longer.
This event demonstrates an unacceptable practice and a failure of management to ensure that an operator be at the controls whenever the reactor is operating.
Accordingly, a civil penalty is being proposed to emphasize the importance of assuring the presence of operators in the control room.
In accordance with the Interim Enforcement Policy, 45 FR 66754 (October 7, 1980),
and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended ("Act"),
42 U.S.C. 2282, PL 96-295, and 10 CER 2.205, the violation and associated civil penalty are set forth below:
10 CER 50.54(k) states that an operator or senior operator licensed pursuant to Part 55 of this chapter shall be present at the controls at all times during the operation of the facility.
Contrary to the above, on September 1,1981, at or about 2:35 p.m., with the reactor at full power, neither an operator nor a senior operator was present at the controls for a period of time.
This is a Severity Level III violation (Supplememt I).
(Civil Penalty '$500).
Pursuant to the provisions of 10 CER 2.201, the University of Wisconsin is hereby required to submit to this office within thirty days of the date of this Notice a written statement or explanation, including for the alleged violation:
(1) admission or denial of.the alleged violation; (2) the reasons for the vio-lation if admitted; (3) the corrective steps which have been taken and the results achieved; (4) the corrective steps which will be taken to avoid further violations; and (5) the date when full compliance will be achieved.
Consider-ation may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 USC 2232, this response shall be submitted under oath or affirmation.
8112040330 811124' PDR ADOCK 05000156 G
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Appendix (Continued) Within the same time as provided for the response required above under 10 CFR 2.201, the University of Wisconsin may pay the civil penalty in the cumulative amount of Five Hundred Dollars or may protest imposition of the civil penalty in whole or in part by a written answer.
Should the University of Wisconsin fail to answer within the time specified, this office will issue an Order imposing the civil penalty in the amount proposed above.
Should the University of Wisconsin elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:
(1) deny the violation listed in this Notice in whole or in part; (2) demonstrate extenuating circumstances; (3) show error in this Notice; or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
Any answer in accord-ance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.
The University of Wisconsin's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
i Upon failure to pay any civil penalty due, which has been subsequently deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this 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 Act, 42 U.S.C. 2282 FOR THE NUCLEAR REGULATORY COMMISSION
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Richard C.
oung irector Office of spection and Enforcement Dated at Bethesda, Maryland this 24thday of November 1981
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