ML20040F620

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Forwards IE Insp Repts 50-333/81-22 & 50-333/81-29 & IE Investigation Repts 50-333/81-28 & 50-333/81-01 on 810527 28, 0924 & 1118 & Notice of Violation
ML20040F620
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 01/08/1982
From: Martin T
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To: Leonard J
POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
Shared Package
ML20040F621 List:
References
NUDOCS 8202090419
Download: ML20040F620 (3)


See also: IR 05000333/1981022

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Docket No. 50-333

Powe- Authority of the State of New York

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James A. FitzPatrick Nuclear Power Plant

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ATTN:

Mr. John D. Leonard

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Resident Manager

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P. O. Box 41

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Lycoming, New York 13093

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Gentlemen:

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Subject:

Inspection Nos. 50-333/81-22, 50-333/81-28 and

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50-333/81-29

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This refers to three inspections of shipments of radioactive waste from

the James A. FitzPatrick Nuclear Power Plant. The first was conducted

on May 27-28, 1981 near Wasta, Soutn Dakota by a member of our Region IV

office. A second inspection was conducted on September 24, 1981 at

Barnwell, South Carolina by a representative of the State of South

Carolina. The third was conducted on November 18, 1981 at Richland,

Washington by a representative of the State of Washington.

Areas examined during these inspections are described in reports attached

to the Office of Inspection and Enforcement Inspection Reports 50-

333/81-22, 50-333/81-28 and 50-333/81-29, which are enclosed with this

letter.

The inspections consisted variously of reviews of shipping

papers, placarding, marking and labeling, radiation measurements, selective

contamination surveys, and examinations of the packages and the tractor-

trailers.

Based on the results of these inspections, it appears that certain of

your activities were not conducted in full compliance with NRC requirements

as set forth in the Notice of Violation enclosed herewith as Appendix A.

The violations in Appendix A have been categorized at the severity level

described in accordance with the Interim Enforcement Policy as published

in the Federal Register (45 FR 66754) dated October 7,1980.

You are

required to re; pond to this letter, and in preparing your response you

should follow tne instructions specified in Appendix A.

Two of the violations listed in Appendix A have alread been the subject

of enforcement action.

In connection with item A2, on November 23, 1981

the State of Wa.;hington suspended your authorization to use the Richland,

Washington commercial low-level waste burial site.

In connection with

item B, on September 28, 1981, the State of South Carolina assessed a

civil penalty of

,000.

In both cases, you were

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to submit evidence that adequate measures had been implemented to assure

compliance with all applicable provisions of Federal and State law.

In view of the circumstances surrounding this matter, we have exercised

our discretion under the Interim Enforcement Policy and have chosen to

issue at this time the enclosed Notice of Violation.

After reviewing

your response to this Notice of Violation and your proposed corrective

actions, the NRC will determine whether further NRC enforcement action

is necessary in order to ensure compliance with NRC regulatory requirements.

In accordance with 10 CFR 2.790(a), a copy of this letter and the enclosures

will be placed in the NRC Public Document Room unless you notify this

office, by telephone, within ten days of the date of this letter and

submit written application to withhold information contained therein

within thirty days of the date of this letter.

Such application must be

consistent with the requirements of 2.790(b)(1).

The responses directed by this letter and the accompanying Notice are

not subject to the clearance procedures of the Office of Management and

Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Your cooperation with us in this matter is appreciated.

Sincerely,

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Thomas T. Martin, Director,

Division of Engineering and

Technical Inspection

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Enclosures:

1.

Appendix A, Notice of Violation

2.

Office of Inspection and Enforcement Inspection Reports

50-333/81-22, 50-333/81-28 and 50-333/81-29

cc w/encls:

George T. Berry, President and Chief Operating Officer

J. P. Bayne, Senior Vice President-Nuclear Generation

A. Klausmann, Vice President - Quality Assurance

M. C. Cosgrove, Quality Assurance Superintendent

J. F. Davis, Chairman, Safety Review Committee

C. M. Pratt, Assistant General Counsel

State of New York

NRC Resident Inspector

South Carolina Department of Health and Environmental Control

State of Washington Department of Social and Health Servfces

Director, Region 1 Motor Carrier Safety Office, USDOT

Director, Region 8 Motor Carrier Safety Office, USDOT

OFFICIAL RECORD COPY

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Power Authority of New York

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bec w/encls:

Region I Docket Room (with concurrences)

Chief, Operational Support Section (w/o encls)

Director, Division of Resident and Project Inspection

Regional Administrator, Region IV

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OFFICIAL RECORD COPY