ML20041B915
| ML20041B915 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 12/10/1981 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20041B914 | List: |
| References | |
| EA-82-015, EA-82-15, NUDOCS 8202250356 | |
| Download: ML20041B915 (3) | |
Text
.
APPENDIX NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES Northern States Power Company Docket No. 50-263 Monticello Nuclear Generating Plant License No. DPR-22 EA 82-15 As a result of the inspection conducted at the Monticello Nuclear Generating Plant on November 4-6, 1981, it appears that several violations of NRC require-ments have occurred.
The violations relate to the failure to assure that licensed materials in an unrestricted area were secured from unauthorized removal or were under constant surveillance and immediate control of the licensee.
Because of the failure to maintain adequate control over radio-active waste material the Nuclear Regulatory Commission proposes to impose civil penalties in the cumulative amount of $20,000.
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 associated civil penalties are set forth below:
A.
10 CFR 20.207 requires that licensed materials in an unrestricted area shall be stored such that they are secured from unauthorized removal or tended under constant surveillance and immediate control of the licensee.
10 CFR 20.105(b) states that no licensee shall possess, use, or transfer licensed material in such a manner as to create in any unrestricted area, radiation levels which, if.an individual were continuously present in the area, could result in his receiving a dose in excess of two millirems in any one hour or 100 millirems in seven consecutive days.
Contrary to the above, twenty-eight drums of Low Specific Activity (LSA) radioactive waste were located in an unrestricted area at a truck rental facility inside an unsecured tractor trailer in New Brighton, Minnesota for about 20 hours2.314815e-4 days <br />0.00556 hours <br />3.306878e-5 weeks <br />7.61e-6 months <br /> on November 4-5, 1981.
The drums were not secured from unauthorized removal or tended under constant surveillance and immediate control of the licensee.
The maximum radiation level in an accessible area was 15 milliroentgens per hour.
This is a Severity Level III violation (Supplement IV).
(Civil Penalty - $15,000) 8202250356 011210 PDR ADOCK 05000263 G
PDR h
a
__, _.-,_s m
Q t
Appendix (Continued)-.
B.
Technical Specification 6.5 requires adherence to radiation control procedures.
Procedure E.1.11, " Investigation and Reporting of Radiation Incidents and Occurrences," states in part, that when an undesirable or non-standard condition or occurrence is discovered, Radiation Protection, Operating, and other interested personnel shall take immediate action to bring the situation under control, including any actions required to ensure radiation safety and control.
Contrary to the above, the licensee did not take adequate immediate actions to regain possession of twenty-eight drums of LSA radioactive waste in-advertently removed from the plant site on November 4,1981. The waste remained unattended in an unrestricted area at a truck rental facility until the following morning.
This is a Severity Level IV violation (Supplement IV).
(Civil Penalty - $5,000)
Pursuant to the provisions of 10 CFR 2.201, Northern States Power Company is hereby required to submit to this office within 30 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 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 U.S.C. 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, Northern States Power Company may pay the civil penalties in the amount of Twenty Thousand Dollars or may protest imposition of the civil penalties in whole or in part by written answer.
Should Northern States Power Company fail to answer within the time specified, this office will issue an Order imposing i
the civil penalties in the amount proposed above.
Should Northern States Power 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) demonstrate extenuating 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 t
accordance 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 repetiticn.
Northern States Power Company's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
.-~
-w
Appendix (Continued) 3-Upon failure to pay any civil penalties due, which have 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 penalties unless co:npromised, 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
]} /
mr Richard C. DeYoung, D,i ector Office of Inspection and Enforcement Dated at Bethesda, Maryland this 10 day of December 1981.
-- wm-
-, ~. -
_