ML20024F438
| ML20024F438 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 07/25/1983 |
| From: | Robert E. Uhrig FLORIDA POWER & LIGHT CO. |
| To: | James O'Reilly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| Shared Package | |
| ML20024F432 | List: |
| References | |
| NUDOCS 8309090383 | |
| Download: ML20024F438 (10) | |
Text
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'7 P. O. BOX 14000, JUNO BEACH, F L 33408
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83 MC I All : 14 FLORIDA POWER & UGHMOMPANY July 25, 1983 L-83-427 James P. O'Reilly Regional Administrator, Region 11 U. S. Nuclear Regulatory Commission 101 Marietta Street NW, Suite 2900 Atlanta, Georgia 30303
Dear Mr. O'Reilly:
Re:
St. Lucie Units 1 and 2 Docket Nos. 50-335, 50-389 Inspection Report 83-21/45 Florida Power & Light Company has reviewed the subject inspection report and a response is attached.
There is no proprietary information in the report.
Very truly yours, At/
Robert E. Uhrig Vice President Adva nced Systens & Technology REU/PLP/js Attachment cc:
Ha rold F. Reis, Esqui re 8309090383 830825
{DRADOCK 05000335 PEOPLE.. SERVING PEOPLE
ATTACHMENT f
RE:
ST. LUCIE UNITS 1 AND 2
. DOCKET NOS. 50-335, 50-389 INSPECTION REPORT 83-21/45 FINDING:
10 CFR 20.301 specifies authorized methods for disposal of licensed material and prohibits disposal by other means.
One authorized method is by transfer to an authorized recipient.
Contrary to the above, the licensee transferred radioactive wa ste containing byproduct material under conditions other than those specified.
Specifically, the licensee consigned fo r la nd burial twelve metal,. boxes, of l ow speci fic activity radioactive waste, one of which contained 20 milliliters of liquid, to a person (Chem-Nuclear Systems, Inc., Barnwell, South Carolina) whose license (South Carolina) did not authorize him to accept liquid waste for burial'.
RESPONSE
We concur that the container of radioactive wa ste wa s not in conpliance with 10 CFR 30.41(a), specifically pertaining to Condition 26 of the Soutn Carolina radioactive materials license no. 097, but that this nonconpliance should not constitute a violation in accordance with 10 CFR 2, Appendix C for reasons di scu s sed bel ow.
On May 2,1983, FPL received a. letter from the South Carolina Depa rtment of Health and Environmental Control (DHEC), citing a violation of Condition 26 to the Barnwell Site Radioactive Materials License, due to approximately 20 milliliters of liquid found to be contained in a package of compacted trash f rom the St. Lucie plant.
FPL acknowledge, this violation in our response to the South Carolina letter.
Copies of our response dated May 20, 1983, and the related South Carolina correspondence are attached.
Based upon our own investigation, which was conducted pursuant to the South Carolina Notice of Violation, we concluded that there wa s a reasonable probability that the approximately 20 milliliters of liquid found in the St.
Lucie wa ste wa s caused by matters beyond our control (i.e., condensation).
To prevent this condition from recurring, FPL proposed as a prima ry corrective action the use of an absorbent in the bottom of these containers.
Thi s wa s approved by DHEC on May 12 and was impl emented immediately by the plant.
Recognizi ng the industry-wide potential for such occurrences, DHEC authorized the general use of absorbent material to " absorb incidental and unintentional amounts of liquids that have accumulated during wa ste packaging and t ra ns port".
A statement to this effect was issued by the site operator on May 20.
A copy of this statenent is attached.
It should be noted that prior to this approval, the use of absorbents for this purpose was prohibited.
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Based upon the above, it is our opinion that the NRC's finding in this case is not consistent with the intent of 10 CFR 2, Appendix C, General Policy and Procedure -for NRC Enforcement Actions, which states, " Licensees are not ordinarily cited for violations resulting from matters not within their cont rol,... ".
Pursuant to these provisions of 10 CFR 2, we hereby request NRC to withdraw the violation.
Should our request for withdrawal be denied, it is our opinion that this finding should be downgraded to Severity Level V.
It should be noted that the NRC Notice of Violation incorrectly states that Barnwell is not authorized to accept liquids for burial. While freestanding liquids are not allowed in solid radioactive wa ste (i.e., the St. Lucie wa ste package), conditions 26 and 31 of the South Carolina radioactive materials license do permit disposal of liquids up to 0.5% of the wa ste volume for " solidified" waste or for dewatered resins or filter media in non-high integrity containers. Consequently, if the amount and activity of the liquid in the St. Lucie waste is conpared to the amounts and activity of liquids permitted in other veste forms (i.e.,
dewatered resins), and evaluated with respect to radiological health and safety of the public, the conclusion would be that this finding represents a minor safety or envirornental significance.
Our response to items 2 through 4, pursuant to the provisions of 10 CFR 2.201, is addressed in our May 20 response to DHEC which is attached.
In response to item 5 compliance with the proposed corrective actions was achieved on May 20, 1983.
The referenced procedure changes were approved by the Facility Review Group on June 13, 1983.
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' BOARD 3-i J. Lorin Mason, Jr., M.D., Chairman jh h
Gerald A. Kaynard, Vice-Chairman N g gsplANT
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Leonard W. Douglas, D., Secreta Moses H. Clarkson, Jr.
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James A. Spruill, Jr.
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F.P. & L-Robert s. Jackson, M.D.
2600 Bull Street C
Columbia, S.C. 29201 April 26, 1983 CERTIFIED MAIL Mr.
C.M.
Wethy, Plant Manager Florida Power & Light Co.
St. Lucie Plant P.O.
Box 128 Fort Pierce, Florida 33450
Dear Mr. Wethy:
An investigation conducted on April 21, 1983, by the South Carolina Department of Health and Environmental Control revealed that a shipment of radioactive waste received at the Chem-Nuclear Systems, Inc. burial facility in Barnwell, South Carolina was in noncompliance with applicable state and federal regulations.
The violation is identified as follows:
Radioactive Waste Shipment No. 0483-261-A, classified as Radio-active Material, LSA, n.o.s.,
described as solid metal oxides on compacted trash, and contained in metal dumpsters, was found to have liquid in container No.83-154, contrary to the requirements of Condition No. 26, S.C.
Radioactive Mateial License No. 097, issued to Chem-Nuclear Systems, Inc.
This constitutes a violation of Section 1.2, Department Regulation 61-83.
Please be informed that pursuant to Section 13-7-180, S.C.
Code of Laws, 1976 (as amended) and Section 7.3 of the Department's Regula-tions for the Transportation of Radioactive Waste Into or Within South Carolina, you are hereby assessed a civil penalty of one Thousand Dollars ($1,000.00).
In addition to the civil penalty, you are hereby required to submit to the Department evidence that adequate measures have been implemented to ensure compliance with all applicable provisions of i
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federal and state law.
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Mr.
C.M.
Wethy, Plant Manager CERTIFIED MAIL Page Two April 26, 1983 If you do not wish to appeal this decision, payment of the civil penalty shall be submitted no later than May 23, 1983, and made payable to the "S.C. Department of Health and Environmental Control".
Information concerning corrective measures and procedural modifications shall be submitted accordingly.
You are entitled to a full administrative hearing upon request.
However, should you wish to discuss this matter with us in an informal setting, representatives of this Bureau will be made available to meet with you at a mutually convenient time.
Should E
you desire such a conference or wish to request a formal adminis-trative hearing, please contact Mr. Virgil R. Autry of the Bureau of Radiological Health, (803) 758-5548.
Very truly yours, H
ard
- Shealy, hief Bureau of Radiological Health HGS:kn cc: ' Robert S.
- Jackson, M.D.
Commissioner Ms. Barbara Hamilton, Esq.
DHEC Legal Counsel Mr. David Reid, Exec. Asst.
Office of the Governor Mr. ' Al Gibson, USNRC Region II Mr. U1 ray Clark
-State of Florida
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, 3. 2.:c -r w, May 20, 19 83 P NS-RC 81 Mr. Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health' and Envi ronnental Control 2600 Bull Street Cclumbi a, SC 29201 Dea r Mr. Shealy:
Re:
Notice of violation, Mr. Heyward G..Shealy to Mr. C. M. Wethy, dated April 25, 19 83 Radioactive Waste Shipment No. 0483-2 61-A This letter provides infon.iation pertaining to our investigation of the following notice of violation.
" Radioactive Waste Snipment No. 0483-261-A, classi fied as Radioactive material, LSA, n.o.s., described as solid metal oxides on conpacted trash, and contained in metal dumpsters, was found to have liquid in container No.83-154, contrary to the requirements of Condition No. 26, S.C. Radioactive Material License No. 097, issued to Chem Nuclear
.ystems, Inc."
Based on our evaluation, we believe that the presence of the small quantity of unintentional liquid in the St.'Lucie waste package was an isolated case and that this condition can be prevented fran reoccurring by the addition of absorbent medium in the botton of each container.
A copy of our evaluation along with the corrective measures we are instituting is nerewith attached.
We f urther believe that this violation constitutes a minor non-radiological violation of the Barnwell Site Radioactive Materials License as provioed in Section 7.3 of the Department's Regulation No. 61-83 and hereby request tnat the Department reconsider this violation for the purpose of rescinding or reducing the civil penalty.
Pursuant to this request and our di scussions with your of fice on May 12, we are not remitting payment of the civil penalty at this time.
Sincerely yours, u
/
Alan J.
ould Nuclear Energy Specialist AJG/mpc Attachment J. W. Willi ams, Jr., C. M. Wethy cc:
PLC PL E SE3 s'd Fc?LE
5-EVALUATION REPORT
Subject:
Water in St. Lucie Waste Container On April 23, Ipt received notification fran the Barnwell Site Operators, Cnen Nuclear Systems, Inc., that one of two packages fron St. Lucie Plant Snipment l
No. 0483-26-A had been fnund to contain approximately 20 ml of drainable liquid (2.2 E -3 uti/ml).
Subsequently we were in formed that three additional packages fron the same snipment were also inspected and that no additional liquids were detected.
Purs uant to the above notification, the following actions were immediately initiated.
Al l St. L uc i e Pl a nt cam pa ct o r ope ra to rs and H. P. s upe rv i so rs were notified of the violation and precautions were stressed concerning the importance of excluding liquids fran solid radioact ive waste pac kages.
Administrative actions were taken to preclude any material being conpacted which might contribute to the presence of l iquids.
An evaluation was initiated into the adequacy of applicable procedures and practices related to canpliance Mth Condition 26 of the Barnwell Site lic'ense.
1 Based upon nur evaluation we believe that the small quantity of liquid in the St. Lucie shipment can best be explained by one of the following found pos,sible cacses.
Condensation - We believe that there is a reasonable 1
.I probability that condensation or sweating may be occurring on the metal surface inside the waste package.
Such condensation may not show up in all of the packages because much of the material within these containers is absorbent, Damp Materials - St. Lucie procedures provide that free standing liquids shall not be included in any containers of dry radioactive waste.
Damp material, however, is permitted provided that it is " wrung out before conpaction."
It is possible that because of the large compaction forces applied to these containers, a small amount of absorbed liquids-is being squeezed out.
During the past two weeks, approximately one third of tne fif ty or so packages I
containing compacted waste, which were on hand at the time we received the violation notice, have been checked for liquid.
The procedure used to check these packages for liquid is as follows:
I, The box is tilted (approximately 5 incline) with the bottom drain plug placed in a low point position.
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6 Tne drain plug is removed and the ooxes are left in this
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position for 24 4 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> or more.
Except for one drop fron one box, no liquids have been found in any of tne All of the renaining packages will be similarly packages checked to date.
chec ked.
Currently we have no reason to Delieve that the small quantity of unintentional liquid detected in the St. Lucie shipment represents anytning We also believe that this condition can ce more than an isolated case.
prevented fron reoccurring by the use 'of small amounts of aosorcent medium in the bottom of the container.
Pursuant to our discussions with SCOHEC' officials on May 12, we have already started using an aosorbent in tnis manner.
In addition to tne use of an aosorbent, tne following procedural cnanges will be implemented.
A statenent will be provided clarifying that free standing liquids in solid radioactive waste must be "zero" (none d rai nable).
The ststement pertaining to damp materials will be revised to reflect that prior to packaging any material wnicn nas been used to absorb liquids, i.t must be thoroughly squeezed, wrung out or otnerwise dried so it will not result in any free standing li~ quids in the package.
The statement concerning the inspection of compacted LSA boxes will be revised to reflect that an inspection will be conducted with the box tilted and should be conducted as close as possible to the date of shipment.
If there is any evidence'of liquid, the H.P. supervisor should be notified.
A detennination can be made regarding repackaging of any sucn container.
We believ'e that tne steps described herein will be sufficient to preclude a reoccurrence of the situation which resulted in tne violation of Condition 26 to S.C. Radioactive Materials License No. 097.
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BOARD l
J. Lorin M: son, Jr., M.D., Chairman
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Gerald A. Kaynard,Vica-Chairman i
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Leonard W. Douglas, M. D., Secretary
' Oren L. Brady, Jr.
I, Moses H. Clarkson, Jr.
Barbara P. Nuessie
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James A. Spruill, Jr.
COMMISSIONER Robert S. Jackson, M.D.
2600 Bull Street C
Columbia, S.C. 29201 NUCLEAR CriERGy May 31, 1983 JUN - 31933 Mr. Alan J. Gould
?uclear Energy Specialist Florida Power & Light Company P.O.
Box 529100 i
Miami, Florida 33152
Dear Mr. Gould:
1983, which This is in reference to your letter of May 20, actions' for a shipment of outlines your findings and corrective l-facility found in non-radioactive waste to the Barnwell waste
' compliance with applicable requirements.
satisfactory We have reviewed your corrective action and find it in consideration of your request, we to the Department.
- Further, have reviewed your findings and hereby reduce the civil penalty to i.
Five Hundred Dollars ($500.00).
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Should you have any questions, please do not hesitate to contact Mr. Virgil R. Autry at (803) 758-7951.
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Very truly yours, 02.h f
Heyward G.
Shealy, Chief Bureau of Radiological health l
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M_ay 20, 1983 ED-286-3 I.
CLARIFICATION OF FREE STANDING KATER REQUIREMENTS IN DRY SOLID HASTE License Condition 26 states:
Unless otherwise specified in this
- license, the NUCLEAR ENERGY licensee shall not receive any liquid radioactive waste regardless of the chemical or physical form.
MAY 2 3 933 Solidified radioactive waste shall have no detectable free standing liquids.
For purposes of this condi-
- tion, the terminology "no detectable free standing liquids" means one-half percent (0.5%)
by waste volume of non-corrosive liquids per container.
Solid waste does not fall under this criterion.
This criterion only applies to solidified liquids and dewatered resins or filter media.
Therefore, all other solid waste received at the Barnwell Site must contain "no" free standing liquids.
To help ensure that the solid wastes meet the requirements of this condition, absorbent material (vermiculite, diatomaccous earth, Speedi-dry, etc.) may be placed in the l
waste packages. This material may only be used to absoro incidental and unintentional amounts of liquids that have accumulated during waste packaging and transport.
The use l
of absorbent material is not intended as a substitute for solidification media, when solidification is required.
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II.
FLUIDIZED TRANSFER DEMINERALIZATION SYSTEM Chem-Nuclear is pleased to re-introduce our Fluidized l
Transfer Demineralization (FTD) System to the nuclear industry.
This innovative concept of liquid waste treatment offers an alternative to current processing practices.
The FTD System is simple in concept.
Vessels are loaded
.with ion exchange media specifically optimized to achieve maximum performance based on the waste stream composition.
Upon depletion of the ion exchange media, resin is sluiced, using remotely operated equipment, to disposabic containers.
This concept is not new to Chem-Nuclear.
In 1980, Chem-Nuclear designed, fabricated and put into service an FTD System.
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