ML20041B952
| ML20041B952 | |
| Person / Time | |
|---|---|
| Site: | University of Wisconsin |
| Issue date: | 02/09/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Shain I WISCONSIN, UNIV. OF, MADISON, WI |
| References | |
| EA-82-011, EA-82-11, NUDOCS 8202250435 | |
| Download: ML20041B952 (2) | |
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'.T Docket No. 50-156
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University of Wisconsin ATTN:
Dr. Irving Shain
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Chancellor D
/O Madison, WI 53705
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Gentlemen:
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After reviewing your December 23, 1981 response to the Notice of Violation i
that was transmitted with cur letter dated November 24, 1981, we have care-fully reevaluated those criteria that resulted in our concluding this was a Severity Level III violation and therefore was a basis for issuing a civil
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penalty.
The Interim Enforcement Policy, 45 FR 66754 (October 7, 1980) states:
" Severity Levels I, II, and III comprise violations that are of significant regulatory concern.
In ceneral, violations that are included in these severity categories involve actual or high potential impact on the public."
l In spite of the small safety significance of not having an operator at the l
controls of a TRIGA reactor for 12 seconds, it is the NRC position that i
failure to have an operator present at the controls of any operating reactor at all times does constitute a matter of significant regulatory concern.
This position is supported by 10 CFR 50.54(k) which states:
"An operator or senior operator licensed pursuant to Part 55 of this chapter shall be present at tne controls at all times during the operation of the facility." This regulatory
. requirement does not provide an exemption for operators of research reactors.
i The information contained in your December 23, 1981 response discussed the
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j limited safety significance of this event. Additionally, your prompt response in reporting this violation, and your prompt implementation of. corrective measures, including oral and written reprimands which were issued to the licensed operators, provide a basis for remission of the proposed civil i
penalty.
Accordingly, the proposed civil penalty is hereby remitted.
Our l
records will be mcdified to reflect this change.
The nature of this violation should not be minimized; it was fortunate that the operator's absence was quickly noticed by the reactor director. We 6
' CERTIFIED MAIL RETURN REQUESTED a.
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8202250435 820209 PDR ADOCK 05000156 l
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o FEB 0 b 1932 University of Wisconsin wish to emphasize that in the future there must be faithful compliance with the requirement that a licensed operator or senior licensed operator be at the controls at all times during the operation of your facility.
In accordance with section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter will be placed in the NRC's Public Document Room.
Sincerely,
'Oricinal sicnca 37 R. c. Dc.yu.y.
Richard C. DeYoung, Director Office of Inspection and Enforcement Distribution Department of Health & Social Services PDR ATTN:
Mr. Lawrence J. McDonnell, Chief NSIC Radiation Protection Section LPDR P.O. Box 309 ACRS Madison, WI 53701 SECY CA RCDeYoung, IE JHSniezek, IE JLieberman, IE VStello, DED/ROGR HDenton, NRR JMurray, ELD DFredland, ELD JCummings, 0IA JCrooks, AE0D JCraig, IE TBrockett, IE APuglise. CON Directors, El Staff N_. e [
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