ML20023C341
| ML20023C341 | |
| Person / Time | |
|---|---|
| Site: | Armed Forces Radiobiology Research Institute |
| Issue date: | 03/03/2020 |
| From: | Travis Tate NRC/NRR/DANU/UNPO |
| To: | Durell Wooten US Dept of Defense, Armed Forces Radiobiology Research Institute |
| Takacs M, NRR/DANU/UNPO, 301-415-2042 | |
| References | |
| Download: ML20023C341 (6) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 3, 2020 Captain Danielle Wooten, Director Armed Forces Radiobiology Research Institute National Naval Medical Center 8901 Wisconsin Avenue Bethesda, MD 20889-5603
SUBJECT:
ARMED FORCES RADIOBIOLOGY RESEARCH INSTITUTE - U.S. NUCLEAR REGULATORY COMMISSION NOTICE OF VIOLATION
Dear Captain Wooten:
This letter refers to the event reported to the U.S. Nuclear Regulatory Commission (NRC)
Operations Center (Event No. 54349) on October 24, 2019, involving a lost fission chamber at the Armed Forces Radiobiology Research Institute (AFRRI) reactor facility. In response to this event, the NRC staff conducted a reactive inspection at the AFRRI reactor facility on November 14, 2019. The results of the inspection were discussed with the former AFRRI Director, Captain John Gilstad, and members of his staff on November 14, 2019. In addition, you submitted a written report to the NRC, dated November 22, 2019, which presented the facts and circumstances surrounding the lost fission chamber. Based on the results of the inspection, the NRC staff had identified an apparent violation regarding this incident which would be tracked as an unresolved item until January 22, 2020, at which time, this issue would be further evaluated in accordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
The NRC staff has now determined that a Severity Level IV violation of NRC requirements has occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the reactive inspection report, dated December 30, 2019. However, the reactive inspection report is nonpublic due to the security-related information contained within the report. This violation is being cited in the Notice because it constitutes a failure to meet regulatory requirements that has more than minor safety significance.
You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. If you have additional information that you believe the NRC should consider, you may provide it in your response to the Notice. The NRC review of your response to the Notice will also determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.
In accordance with Title 10 of the Code of Federal Regulations Section 2.390, Public inspections, exemptions, requests for withholding, a copy of this letter, its enclosure, and your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System, accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy or proprietary information so that it can be made available to the Public without redaction.
D. Wooten If you have any questions concerning this matter, please contact Mr. Michael Takacs at (301) 415-2042 or by e-mail at Michael.Takacs@nrc.gov.
Sincerely,
/RA/
Travis L. Tate, Chief Non-Power Production and Utilization Facility Oversight Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No. 50-170 License No. R-84
Enclosure:
As stated cc: w/enclosure: See next page
Armed Forces Radiobiology Research Institute Docket No. 50-170 cc:
Director, Maryland Office of Planning 301 West Preston Street Baltimore, MD 21201 Montgomery County Executive 101 Monroe Street, 2nd Floor Rockville, MD 20850 Environmental Program Manager III Radiological Health Program Air & Radiation Management Adm.
Maryland Dept. of the Environment 1800 Washington Blvd., Suite 750 Baltimore, MD 21230-1724 Director Air & Radiation Management Adm.
Maryland Dept of the Environment 1800 Washington Blvd., Suite 710 Baltimore, MD 21230 Test, Research and Training Reactor Newsletter Attention: Ms. Amber Johnson Dept of Materials Science and Engineering University of Maryland 4418 Stadium Drive College Park, MD 20742-2115 Manager Nuclear Programs Maryland Department of Natural Resources Tawes B-3 Annapolis, MD 21401 Mr. Walter Dale Tomlinson Reactor Facility Director Armed Forces Radiobiology Research Institute 4555 South Palmer Road, Building 42 Bethesda, MD 20889-5648
ML20023C341 *concurrence via e-mail NRC-002 OFFICE NRR/DANU/UNPO/SS* NRR/DANU/UNPO/LA* NRR/DANU/UNPO/BC NAME MTakacs NParker TTate DATE 1/27/2020 1/27/2020 3/3/2020 NOTICE OF VIOLATION Armed Forces Radiobiology Docket No. 50-170 Research Institute License No. R-84 Following a U.S. Nuclear Regulatory Commission (NRC) reactive inspection conducted November 14, 2019, a violation of NRC requirements has been identified. In accordance with the NRC Enforcement Policy, the violation is listed below:
Title 10 of the Code of Federal Regulations (10 CFR) 20.1801, Security of stored material, requires that the licensee shall secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas.
Contrary to the requirement referenced above, the licensee failed to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas. Specifically, the licensee reported to the NRC on October 24, 2019, that a fission chamber containing approximately 0.27 microcuries of uranium-235 (serial number 14K024C5) was missing. Furthermore, the licensee, using historical records and physical searches, could not determine the location or final disposition of this fission chamber.
This is a Severity Level IV violation (Section 6.7 of the NRC Enforcement Policy).
Pursuant to the provisions of 10 CFR 2.201, Notice of violation, the Armed Forces Radiobiology Research Institute is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a Reply to a Notice of Violation and should include: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.
Because your response will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs document system (Agencywide Documents Access and Management System), accessible from the NRC Web site at https://www.nrc.gov/reading-rm/adams.html, to the extent possible, it should not include any personal privacy, proprietary, or Safeguards Information (SGI) so that it can be made available to the public without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the Enclosure
bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.390, Public inspections, exemptions, requests for withholding, paragraph (b) to support a request for withholding confidential commercial or financial information). If SGI is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21, Protection of Safeguards Information: Performance Requirements.
In accordance with 10 CFR 19.11, Posting of notices to workers, you may be required to post this Notice within two working days of receipt.
Dated this 3rd day of March 2