ML20031H506

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Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $40,000 for Item of Noncompliance Noted in IE Insp on 810727-29
ML20031H506
Person / Time
Site: Brunswick Duke Energy icon.png
Issue date: 10/01/1981
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML20031H505 List:
References
EA-81-077, EA-81-77, NUDOCS 8110280012
Download: ML20031H506 (3)


Text

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APPENDIX NOTICE OF VIOLAT'ON AND PROPOSED IMPOSITION OF CIVIL PENALTIES Carolina Power and Light Company Docket No. 50-324 Brunswick Unit 2 License No. DPR-62 EA 81-77 On July 17, 1981, a radiation worker at the licensee's facility (Brunswick Unit 2) in Southport, North Carolina received a whole body radiation dose of approximately 4.2 rems while repairing a valve with high radiation leve1E.

The overexposure was reported, by telephone, on July 17, to the NRC Region II office.

On July 27-29, 1981, a special NRC inspection was conducted which disclosed' that the worker's radiation exposure had been monitored by a radiation control technician who had computed an allowable stay-time of 2 minutes, but had permitted the worker to remain on the job for approximately 6 minutes.

The survey made by the licensee for this maintenance activity did not consider dynamic radiological conditions occurring during the maintenance which resulted in increased radiation levels.

A major contributing factor to the resulting overexposure appears to be that the licensee's radiation control technician did not have the minimum experience required by the facility Technical Specifi-cations.

Because the licensee failed to prevent an excessive radiation dose to a radia-tion worker, the Nuclear Regulatory Commission proposes to inaose civil penalties in the cumulative amount of $40,000 for this matter.

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 CFR 2.205, the particular violations and their associated civil penalties are set forth below:

A.

10 CFR 20.201(b) requires licensees to make or cause to be made such surveys as may be necessary to comply with the regulations in 10 CFR 20.

A survey as defined in 20.201(a) is an evaluation of the radiation hazards incident to the use of radioactive material under a specific set of conditions.

Contrary to the above, surveys, including evaluations of the radiation hazards associated with the repair of a valve on July 17, 1981, were not conducted adequately to assure compliance with the whole body dose limits specified in 10 CFR 20.101(b) in that an individual received a quarterly whole body dose in excess of 3 rems.

This is a Severity Level III Violation (Supplement IV).

(Civil Penalty - $25,000).

1 PDR:

Appendix (Continued) B.

10 CFR 20.101(b) requires licensees to restrict the total occupational dose to the whole body of an individual in a restricted area to 3 rems during any calendar quarter.

Contrary to the above, an individual received a total occupational whole body dose of approximately 4.2 rems during the third calendar quarter of 1981.

This is a Severity Level III Violation (Supplement IV).

(Civil Penalty - $10,000).

C.

Technical Specification 6.3.1 requires that each member of the facility staff shall meet or exceed the minimum qualification of ANSI N18.1-1971 for comparable positions.

Paragraph 4.5.2 of ANSI N18.1-1971 states, in part, that te':hnicians in responsible positions shall have a minimum of two years of working experience in their specialty.

Contrary to the above, a radiation control technician with less than two years experience was serving in a responsible position, in that on July 17, 1981, this individual with fourteen months experience and training, established radiation protection. requirements for work concerning the Unit 2 reactor water cleanup system filter "B" resin discharge valve withcut prior review of the' requirements by a qualified technician or supervisor.

This is a Severity Level IV Violation (Supplement IV).

(Civil Penalty - $5,000).

Pursuant to the provisions of 10' CFR 2.201, Carolina Power and Light Company is hereby required to submit to this office within thirty days of the date of this Notice, a written statement or explanation including for each alleged violation:

(1) admission or denial of the alleged violation; (2) the reasons for the-violation 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 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time provided for the response required above under 10 CFR 2.201, Carolina Power and Light Company may pay the civil penalties in the cumulative amount of Forty Thousand Dollars or may protest imposition of the civil penalties in whole or in part by a written answer.

Should Carolina Power and Light Company fail to answer within the time specified, this office will issue an order imposing the civil penalties in the amount proposed above.

Should Carolina Power and Light Company elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer may (1) deny the violations listed in this Notice in whole or in part; (2) damonstrate extenu-ating circumstances, (3) show error in this Notice; or (4) show other reasons why the penalties should not be imposed.

In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.

Any written answer in accordance with 10 CFR 2.205 should

Appendix (Continued) be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but ma and paragraph numbers) y incorporate by specific reference (e.g., giving page to avoid repetition.

Carolina Power and Light Company's attention is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalties due, which have been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.

The responses directed by this Notice are not subject to the :learance proce-dures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

FOR THE U.S. NUCLEAR REG 11LATORY COMISSION

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V or Stel Jr., Director Office of Inspection and Enforcement Dated at Bethesda, Maryland this 1st day of October 1981 1

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