ML20041F238

Notice of Violation from Insp on 820205.Noncompliance Noted: Licensed Matl Used by Unsupervised Persons,At Unauthorized Location & No Records Posted at Lab

ML20041F238
Person / Time
Issue date:	02/22/1982
From:	Riedlinger B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:
Shared Package
ML20041F234	List: ML20041F233 ML20041F238
References
NUDOCS 8203160317
Download: ML20041F238 (11)

Text

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Appendix _A

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fl0TICE OF VIOLATIO!1 Smith Kline/Accupath Licensehio. 53.18280-01 2469 South King Street

'u-lionolulu, Hawaii 96826 As a result of the inspection conducted on February 5,1982, and in

~ accordance with the Interim Enforcement Policy, 45 FR 66754 (October 7, 1980), the following violations were' identified:

A.

License Condition 12. states that licensed material shall be used by, or under the supervision of, Lynne Thornton or Dr. Robert C.

Flair.

Contrary to the above, at the time of the inspection, February'5, 1982, licensed material was being used by four persons who were not under the supervision of Lynne Thornton or Dr. Flair.

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

- B.

License Condition 10. states that licensed material shall be used w-only at 2828 Paa Street, #1140; Honolulu, llawaii.

Contrary to the above, at the time of the inspection, February 5,1982,'

licensed material (175 microcuries of iodine-125) was being used at-2469 S. King Street, Honolulu, llawaii.

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

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10 CFR 30.51(a) requires each licensee to maintain records. showing C.-

the disposal of byproduct material. Also,110 CFR 20.401 (c)(3) requires that records of disposals made pursuant to 20.303 -to the sanitary sewer be maintained until the' Commission authorizes their a

-disposition.

Contrary to these requirements, -at the time of the inspection,-

there.were no records maintained by the. laboratory of materials-disposed to the sanitary sewer between the date of ifcense ' issuance, January 5,1979, and the date of the inspection. February,5,1982.

This is a Severity Level V Violation (Supplement VII).

D.-

10 CFR 19.11(a) and (c) require that each licensee shall post current copies of the following documents:

(1) the' regulations in this part and in part 20 of this chapter; (2) the license, license -

conditions, or documents incorporated into a license by reference, and anendments thereto; (3) the operating procedures applicable to the licensed activities; (4) Fom NRC-3.- 10 CFR 19.11(b) states l

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ta that if; posting of a doc ~uinent specified in paragraph (a)(1), (2) i or (3) cf this section' is not practicable, the licensee may post a J.

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Contrary to the above' requirements.. at the time of the, inspection.

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(the above documents and Form NRC-3).were not' posted in the.labora-

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tory, nor was there la iot eicaiained.;

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aC' This,is a; Severity i.eveF91$ Violation (Suplement VII).

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I JPursuant)to' the provisions of -10 'CFR 2.201 - Smith'Kline/Accupath is hereby required to submit to this office within: thirty days of the date ofi this No,tice, a written statement'or explanation in reply,' including:

(1 'the corrective steps which have been taken and the results achieved; (2 corrective steps which (will be taken to avoid-further items of.

t noncompliance; and (3) the"date 'when full. compliance will be: achieved.

Consideration may be given to extending'your response. time for' good cause shown.

Under the authority of Section 182 of thF atomic Energy Act of 1954', as amended, this response shall be submitt r oath or affirmation.

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dated B. A. Riedlinger, Radiation Specialist RadiologicalSafetyBranch.

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66751 l'ederal Register / Vol. O. No.196 / TuerJav. October 7.1960 / Proposed Rules NUCLEAR PECULATORY eliminated the provision limiting the "metic.lous attention to detail" ' and COMVISSiON total cini peralties payabMn any 30-

"high standard of compliance" 'will be

<!ay period to S25.000, achies ed. Furthermere. " licensees who 10 CFR Part 2 The proposed statement of gennal cannot achieve and maintain adequate pohcy set out below ( Appenda C to Part levels of protection will not l>e permitted Propoicd General Shtement of Policy

2) explains how the Commission wdl to operate." '

Cnd Procedure for Enforcement utdi:'e it5 various enforcement II. Legal Framework Action

• authontics. The Commission is The Commission's enforcement particularly interested in comments on AGENCY: NW ! Par Rydatoly g.g.M eS-l F),

jurisdiction is drawn CS5entially from C"" M ""-

the Atomic Energy Act of 1934, as ACTION: Proposed general stm.. ment of Appendix C-General Poh.cy and amended (sections 161,180, and 234)

Procedure for NRC l'nforcement Actions and the Energy Reorganizaiton Act pohcy.

wing statement of gmral (secnons 2 and 224 suuwmy:The US. Nutfear Iteguh: tory pohc3 and procedure explains the Section 101 of the Atomic Energy Act Comrcksion (NRC) has imder p hun and pmcedure:, to be followed authorizer NRC to conduct inspections considera' ion 'he fe!!aw m13taff.

by the U.S. Nuclear Reaulatmy and issue any orders that may be Comm,ssa n and its staff in initiating necessary or desirable to promote the moposed calicy pa'emont on i

enforce ment policies and procedures.

C".Iorcemw acu ns and by presiding common defense and security or to This propo.ed puhey statement is fn.cene. the Atomic Safety and protect health or to mmimize danger to mtended to Mform brencees and the I.icensing Appeal Boards, and the life or property. Section 180 authorizes public of the bases for t4ing various C"mmission in reviewing these actions.

NRC to revoke licenses under certam enforcement actmns. P is intended that D.8 5'#"a is appucable to circumstances (e g., for matenal false this pchcy, a.t iinally adoptrd, be ed enent m. maMus m, v Iving the statements, in response to conditions rmhfied as App mda C to part 2 of Tido NE Od

@b"""

10 of th9 Ccde af Federal Regulatio is.

defense and security, and the license on an original application, for a Pendr.g final adoption of the pohcy, the ensonnwnt?

hemee s fahm to % or opmte a Proposed G..neral Statement of Policy facility in accordance with the terms of wdl be used as guidance to the NRC I. Introduction and Purpose the permit or license, and for violation ataff :a teking enforcement actions.

The goals of the NRCs enforcement of a Commission regulation). Ilowever.

licensees must be given an opportunity DATE:Coramenu are due on or before program are:

December 31,19S0.

-to ensure " compliance with NRC to demonstrate or achieve compliance ADDRESSES: Send cornments and regulations and license conditions"; s before n license may be revoked or 4tnestior.3 to: Secretary of the

-to obtain " prompt correction of suspended (except in cases of willfulness or those in which the public Qmm9ison, U D. Nuclear Regulatory hceraee weaknesses"; a

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health, interest.or efety require Commwon. Wa-Mngton. D.C. 20355

-to deter " future noncompliance otherwise). Section 234 authorizes NRC a'tentian: Docketina rind Service Drench.

through strong enforcement t impose caul penalties for the uopies of com acnts may 1,c examined measures"

• and vi lation of certain specified licensing in thir U.3. fluclear Regulatory

--to encourage improvement oflicensee pmvisi ns I the Act, rule s, orders, and Commission Publ.c Document Room, perform mcc, thus enhancing the license terms implernenting these 171711 Street N.W. % ashmaton, D.C.

degree of proteciton of public health ns, and violations for which pm s FCd FU' tit 4R iP FOfWAflON COHTACT:

and safety, common defense and hcmes can bc mmM Dudley T..smpson. Executive OfFcer for secunty, and the environment.

The Atomic Energy Act (Chapter 18)

Operatu,ns Support. Office of hspection To help achieve these goals the also authorizes NRC to obtain ard Enforcement, t'.S. Nuclear enforcement pmgram will emphasize injunctions in response to violations of Regulatory Commission. Washington.

prompt and vigorous enforcement, the Act (or any reguation or order issued D C. :'0535 (301--192-8 ta7).

when dealing with persons 'who ar" under the authority of the Act). In

'UPPLEMENTARY WF0FtFA ATION:The ungilung ply with NRC addition, the Act provides for varying criteria used by the Commission's staff

' quirenwn s and,in any case, will levels of criminal penalties (i.e..

to determine enforcament action and

• " " "" benefit categories of 'n ncompliance (referred to

1. ""!"S""." R kuuldH*

.'s It 18 I""

monetary fines and imprisonment) for willful violations of-herefrem as " Criteria") were first (1) Sections 57,92.101, and 108; p..hhshed on ' h tober 17.1972 (37 FR

""'"'E" l2I A"Y "IhCF "d"" "I lh" A't "f ""Y 21721, 'l hi".e Cutriia were regulahon or m der prea nhed or is*.ned rodeo spe ntly etothbed on janu.n y :1 "l.

under t c4 f um M or nuinections itilb..

IT3 (10 FR (CO) and on th cember 3 161i., or 1010.; and IT9 l141 :1771 %). Since late 1W9. thic imp einentauon that assums..that (3)The requirements set forth in the Commicsion has been considriing the o esp nsi than Act concerning the receipt, tampering.

"".Y.is publica' ion of a comprehensive and disclosaic of flestricted Data and stateinent ofi aforcement policy. Added "I

""Ce*"Y trespass upon Commission installations.

orency for the den lopment of such a Section :L'3 of the Atomic Energy Act poh< y statement has arisen from the

. a ng,,,,,,,,,,,,,,,,,,,,,,,ig g,g,, %g, also estabhshes criminal penalties perdency, and now the enactment and on unc h - h....(

approval of Pab. L 90-:Vi[ approved

'Twal kers ent wi Poin y Planmos. sad "dd"n pl%a para H Aa a

'ta6aarannuM nagno w a g a 1 Arc June 30.1980). that, among other things.

P""."f."'t p.n a !! 112 6.

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s53. s55 (1%0).

ameioled section 234 Gf the Atom.ic

.fj 3, g, y,.,,, itamhn resin ~ taorator,cs.

Energy Art to ra: e the mnimum civil ei.r,.t p r. n A 3 b.

Inc. 2 Ar c 423. 42.a. tea ai pena;ty fium S3.0tM i ) $100.000 and

• /.f..t p re 11 a 21

'PorG. et r. ira H A : e.

Federal Rnister / Vol. G. h mi) / Tuesday. October 7. tam / I'rroomi Roles 66755 applicable to certain individuals of a of NRC requirements; for example, when

%e NRC hects licensees and firm constructing or supplying the a safety problem not previously covered applicants to provide fulf, complete.

components of any utilization facility by a requirement is discovered. NRC timely, and accurate information and licensed under section 103 or 104(b).

Imposes civil penalties, however, only reports. Accordin;;Iy. unless otherwise Those individuals include any director, on the basis of a violation of an existing catotorized in the Supplements, the officer, or employee of such firms. Under requirement.

severity lesel of a violation involving

,the section. it would be a criminal III.Severityof Violations the failura to make a required report to offense if any of these individuals by the NRC will be based upon the act or omission. in cormection with such Hegulatory requirements have vary.mg sigmficance of and the circumstances construction or supply, knowingly and degrees of safety. safeguards, or surrcundmg the matter not reported. The 5

willfully violates or causes to be environmental significance. I'his policy ses crity Icvel assio,ned to material false j

violated, any section of this Act(ic.. the statement catesonics all violations in statenwnts may be St venty Level 1.11 or j

Atomic Energy Act of ITi4. as arnended) terms of six levels of severity to show III. d< pending on the circumstances i

any ru!c regulation, or order issued their relatwe importance. Severity Level l

thereunder, or any license condition.

I has been assigned to slolations that currounding the statement. Similarly.

which violation results, or if undetected anqhe rnost sigmficant; Seventy I evel fu lure to enake a required Part 21 report could have resuhed,in a significant VI ymlatwr.s are the least significant.

may be assigned Severity f.evel I. II or gg, impairment of a b,es1c component of

[,on / compn,s

{

IV. Enforcement Actions such a facility 1

4.. basic component"is defined in regulatory concern. In general.

Thia section desciibes the i

section 223 generally along the lines of slolations that are mcluded in these enforcemt at ranctions available to NRC the definition in 10 CFR Part 21. part 21 severity categones involve actual or and specifies the conditiens under i

implements section 200 of the Energy high potentialimpact on the publ,c.

which each is to 1:e umf. The basic i

Reorganization Act of1W4.Section 206 Severity Lercl/V v lations include sanctions are notices of uolation cisil of the Energy Reorganization Act degradation of engineered systems or penalties, orders otT anous ts pes, and authorizes NRC to impose a civil management control systems designed the less forcad enforcomentmechanisms t assure proper plant construction or to such as bulletms and immediate action penalty in an amount equal to that authonzed b section 231of the Atomic detect, prevent or mitigate an event.,

letter s.

i Y

i Energy Act for certain failures to report Althour,h Seventy LeselIV violations m thernselves are not cause for significant A. Nct!re of 17alatien ac$t es o ac les Se ion 00 has an concern, they are the sort of violations A Notice of 170/ctio, is a written approach similar to section 223, but that, if left uncorrected. could lead to notice setting forth cne or more section 200 does not provide for criminal nutters f significant c ncern.Seven,ty violationa of a 1. qdly bindir:g f.erel Vc vers ther less serious penalties and is not as limited in scope requiicment. The,nntire requires the as is the language in sectm.n 223.a violations that are of other than minor licensee to m ottae a wntten statement.

All alleged or suspected criminal concern. Sercrity Lorel VIdefines normally un Jcr oa'h. describing violations of the Atomic Energy Act are v olations that are of minor concern.

corrective act:ans i. ken (or planned),

investigated by the Federal Dureau of llecause of the considerable the remit, achieved, the date when full Investigation of the Department of d fferences in the types of activitics con.pliance wdi La acnicsed, anti regulated by the NltC. violations of concriive ace:nn ta prevent recurrence.

Te ommission hss impicmented the

'"8"M M" E ""

1. " "8 scaled arcading to their relatWe the stand..ru.'N **

enforcement provisionsof the Atonn.e method for fermally Energy Act and the Energy importance within each of the following recorin:: the existence of a violation.

seven areas:

Reorganization Act by regulations set The notice may be the only enfercement

11) Reactor Operations (Supplement 1),

action taker; or it may be used as a basis n

n 2. and 2 205) e d i 10 i P 1.

hyr other enbmment actions, such as 10 CFR 2.20,1 governs the issuance of II)h) Safeguards (Supplement 111).

otvd, penalties and orders. Because the notices of violation. Sections 2.202 and Comnussion wants to " encourage and 2.204 of Title 10 set forth prncedures for, (4)llealth Physics 10 CFR 20 support licensee initiative for self-respectively, (Supplement IV),

identification and cerrection of (5) Transportation (Supplement V),

(1) orders to show cause why b.renses

@) ruct Cycle Operations prob! cms." "NRC wi'l not generally should not be amended, s 2spended, or (Supplement VI). and issue notices of viouthm far a violation revoked or why such other action as (4 htaterials Operations (Supplement that nu eta all of t! c four folhmter, tests:

may be proper should not be taken. and vill.

(t) it was idi ned.cd by the licensee.

(2) orders mechfymg brenset tictailed guidance is provided in g;,1It ht 4 m bevras i.evel V m VI.

immedmirly cifectis e onlering actia.ns Sq.ptenient i I-Vl! for determining th" pl h m arpi rt. d. if required <md pl I. wa, or wal bc. oon ard uithm a inm.t be based on n bnding that the epi.nq,n,ag,,cventy level for unlations

,r p,n,,,i,ig in n.,

pobhc henith interent, or nuh ty respmes in cah of thrne sesen areas of licensed such actions. or that the basis for the 1.io m.r. s nre nat whe:nibe rited for attivitics. Violatmns not specifically violaQms acmhia; Nm u. thrs

>t i

action was a willful violation.

identihed by a sescrity level wdl be within the contrcl of the la ensi e.

Section 2.205 sets forth procedures for placed at the level best suited to the incNdhu d, c nd 'w :. that could not assessing civd penalties.

nigmficance of the particular matter.

have ber i tea

• Enabh forescen. such as, Corrective enforcement act,ons may Suralaily. licensed activities not directly eqmpn. cot f&re;'or.an not the result i

]

be taken in the absence of any violation cos cred by one of the above li.,ted seven of perm,i ener er undequate design, arca!.; e g., aport hcense acthities hill "The precedms descriphons are surrimaries of pot ed ucs, qt d.') a mrarace.

the twsic emorcement prosHwns nf tre st.dutes; be placed in lite activity area riost where important, the actua! wordi c.f the,t.Hufe, suntable in huht of the partico!ar

... ;, n, g,., t, i.,...,,e a pn,,,,

shouill>c tonsuhed.

vio!.ition invois ed.

Go. A.m e.", naPP; i

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667:;fi Federal Regi.ter / Vol. 45, fio.1% / Tuesday October 7.1980 / l'roposed Rules fabrication. testing maintenance, or noncianpliance how it.c problem was furth in Table 1. These distinctions are communfra tions.

identihed. the fmancial impact on the made primarily on the basis of poteetlal A notice of violation may be issued to licensee of a given penalty, the good public consequences.1.icensee classes a licensed operator when a failure to faith of the licensee, the licensce's prior toward the top of the table are penalized comply with an operator's license enforcement histo y and whether the more heavily because their operations contnbutes diecrfly to violitmus of v olation was willful.a generally involve greater nuclear Ses crity Irvels 1.11. or 111. In acneral.'

NRC imposes different levels of materialinventories and greater p tential consequences to the health whenever a licensed operator is issued a penalbes on ddferent classa of and safety of the public as wellas notice of siolation, the f acility 1:censee bren+cetThe base values of civil.

licensee employees.

also racenes a notice of vmfat.cn. For penalus ordinarily iruposed are act egregmus smgle siolations by licensed Tetwo t.-one cMurms operators, or recurnng operator invoh ernent in Seventy 1,cvel 1.11. or !!!

violatioes. aiuspensicn or revocation of s

o, w.i. oe ie,o,.

T8"' A'**"

the operator's hcenw mll be e

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av v

coasi& red.

8 R CivilPe.wlty 6" * * ** IO*'*

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ssomo sao.ouo $4o.000 sis No 55.000 ren w.p d wpan,w,, _ _.

A Q.drenaltyis a mormtary penalty rei.wiv. >== ciw sm w,-

e, we a w.

gew. ornyi.

40.000 41.000 to o00 r.sno 2.soo far uolation of la) entain specified n-,...wc,wmi is ma iero smo 2000 v.ooo becnsin2 provisions cf the Atomic u om e.a

.d e-wa..+.mo cww..- -_._

s.cco

s. coo 4.000 s.sco 500 rnergy Act or supplementary Comtnissinn rules or o ders. Ib) any A secandary factor considered in provide on incentive to licensees to find requirement for which a hcense msy be Table 1 is the ability of various r. lasses and correct problems on their own.

revoked. or (c) rapor'ing requirements cf licensees to pay the civil penalties. It under section 200 of the Energy is not the Commission's intention that Civil penalties may be increased as Reorcanization Act.

the economic impact of a civil penalty much as 25 percent of the amounts C sil penaities are generally imposed be such that it puts a licensee out of shown in Table 1 if the licensee could in the fol!cwing =ituath,at "

business or adversely affects a reasonably have been expected to have (t) Sestri'y t.e.'el I. II or til violations licensce's ability to safely conduct taken effective preventive measures. For have occurrod:

licensed activities. The deterrent effect example, cases in which a licensee had (2) Severity Level IV ar.d V violations of NRC penalties is best served when know!cdge of a problem as a result of a have occurred that are similar to the amounts of such penalties take into prior NRC inspection or licensee audit, violations discuned m a prevtous account a licensce's " ability to pay." As or issuance of an order, bulletin, enfan ement contmnce, and for which a general rule, the licensee classes circular, information notice, generic the enfor:emcat cen.*erence was toward the top of Table 1 represent letter, notice of violation, or other ineffec' ave in achicving the required larger firms, whereas those toward the means, and still failed to comply despite corrective action: "

bottom tend to be smaller. When such prior warning the additive factor (31 There are knowing and determining the amounts of civil will apply. particularly egregious cases.

conscious "violahons of the reporting penalties for licensees for whom the includmg cases involving willfulness, requirements of aer. tion 200 of the table does not accurately reflect the may result in penalties up to the Energy ileur.pnization Act; or ability to pay. NRC will consider statutory maximum. On the other hand.

(41 Wi'llul uolations of equircments for thnse cases in which the NRC hau occurr.d."

necessary increases or decreases on a concludes that the licensee do,crves in determining the amount of a cav !

case by-case basis.

a penalty to be ar phed. the Commission The dollar values shown in Table 1 civ 1 penalty may be reduced by as believes the g auty of the violation are those normally imposed for much as 25 percent of the adjusted involved (i.e., seventy level)is of uoletions at the severity levels and for values resulting from reductions if any.

paramount concarn. ilowever, when the types of licensees indicated. Ilecause for special mitigation based on "self making this determination. NRC also the NRC considers the potential for an considers the duration of the event to be of similar seriousne s es the occurrence of the event itself, the civil The " good faith" reduction will only a ora :. m., t i.. a in 1:. of. or in i.JJ&a I"9alty n ounts for ScVerity I.evel I and he ppplied j[. in addition to meeting the io. rs a p.n m... to. es... n..itoi,on, if violations are intentionally tHe same-requirements for the 50 percent "o

n. ions co., oat...r rac e orm.ary g rowev.cr. in addition to ciul penalties.

reduction. the licensee has taken

""Y,2 'n"$ a"Y$,N *."'[,',Usin un 0ider is gancrally issued for Severity extraordinarily prompt and 14p Sc4r e. whn heur.e gicalcr. hRC a% conddeus I UVC A I VIUIdl50HS-comprehCDsiVE Corrective BClion.

t!,.- lensee e saca ew in e%hng with smiomfg 1[, priop to NRC discovery. a licensee b,$ IN.n2rI,'a!"r.N N YtI.s'i s u"I'E8 ' "88md (where required)

In the ense of siolations at Severity m not.om... m., ter seur.iv t.nel tv una v reports a violation in a timely fashion.

I.evels I. !!. or 111. the amoants shown m, un'ations tht are can.dered pryamm.im tr.ther the civil penalty will ba reduced by us Table 1 may be imposed for each ina nol.ical r. arc. in*-

much as 50 percent of the nmounts violation. Ilowever, to emphasize the thf shown la Table 1. This policy will focus on the specific event (s) or r.i IieIty n

e problem (3) of concern. the cumulative r.#rx..w neon Act.

aput untatume me! Je those unohma m,.c g,r enr,.re dern,<t from the conferent, total for all violations related to a ra. irn J.rrord of n qmremce.te pep.,,,..n the M M r.HC Authonutwn lklL Specific event or problem will generally

~

Federal Hegister / Vol. 45. No. Do / Tuesday. October 7.19G0 / Proposed Rules 66757 be the amount shown in Table 1. "if the (b) To step facility construction when (1)Enfucement Conferences are a

violations involve more than one (i) farther work could preclude or meetings held by NRC with licensee specific event or prob!cm, civil penalties significantly hinder the identification management to discuss safety, may be assessed for each specific event and correction of an improperly safeguarda or environmental problems, or problem. The failure to make a constructed safety related system or licensee compliance with regulatory required report of an event or problem is component, or (ii) the licensee's quality requirements, a licensee's proposed considered as a separate event.

assurance program implementation is corrective measures (including A greater civil penalty is irnposed if a not adequate nnd effective to provide schedules for implementation), and violation continues for more than one confidence that construction activities enforcement options available to the day. Each of such violation may are being properly carried out; NRC.

constitute a separate violation for the (c) When the licensee has not (2) Ihdletins. Circulars. Information purpose of computing the applicable responded adequately to other Notices und Ceccric l.ctrers are written civd penalty. A contmuing Severity !!!,

enforcement action; notificatiens to groups of licensees IV or V violation which exceeds the (d) When the licensee interferes with identifying specific problems and calling maximum civd penalty for a single the conduct of an inspection or for or recommi nding specific actions on violation of the next higher severity investigation; or their part. Responses to these level must be approved by the (c) For any reason not mentioned notifications may bn required to be Commission, e g, a continuing Severity above for which license revocation is under oath or affirmatian.

I.evel ill violation for a reactor legally authorized.

(3) Notices of Dariation are written exceeding $100.000 rnust be approved by Saspcnsions may apply to all or part notices describing a heensce's or a the Commission. A continuing Scverity I.evel I or 11 violation which exceeds of the liccnsed activity. Ordinarily, a ver. dor's failure to ratisfy an informal three times the maximum civil penalty licensed activity is not suspended (nor is commitment or fa!h.re to conform to the for a single Seventy I notation,i.e.,

a suspension prolonged) for failure to provisions of apphcab!c codes, comply with requiren.cnts where such standards, guidea, or screpted industry

$300.00n, must be approved by the Commission. Civil penahie;in excess of failae is not willful and adequate practicri The co.nmitment, code, correction action has been taken.

standard. practice or suide involved has the hmds for each type oflicense wdl requite specific Co:nraission approval in TI e policies governing immcdiately not made a lega!!y binding requirement, accordancn with gufdance set furth in effective suspension orders and orders but it is a type of nctisity that a class of section V bclow,.

to ahow cause are the same as those licensees h'as been encouraged to previously described above for license follow. The notice of deviation requests C. Orders rmdification orders.

the licensee or vendor to provide a An Order is n written NRC directise (3) Revocation Orders may be used:

written explanatqn er statement

~

to modify, suspend, or revoke a license:

(a) When a licensee is unable or describmq corrective steps taken, the to cease and desist from a givrn practice unwdling to cumply with NRC results achieved (or omrective steps that or activity; or to take such other action requirements, are p! armed), and t! e dote when f

as may be proper (see 10 CFR 2202 and (b) When a licensee refuses to correct correctne acticn wd1 Le completed.

2.p04).

a victation, (4) larm.?di::te :S ctwn letten (IALsl (1)l.icense Modification Orden are (c) When a licensee does not respond are latters confirming a licen ec's issued when some change in the conduct to c notice of violation, agreement to take certain actions to of a licensed activity is necessary, (d) When a licensee does not pay a remove renceros about health and These orders are made effective fee required by to CFR Part 170, or safety, safeguards. or the environment.

immediately, without prior opportunity (c) For any other reason for revoking a for hearing. whenever it is determined license under section 180 of the Atorme g g,7y77,j, f, g,;,,7f,,yf,fg,fj,,

that the public health, interest, or safety Energy Act (e.g., any condition which Alleged or suspected criminal so requires, or when the order is would warrant refusal of a license on an violations of the Atcmtc Energy Act responding to a violation involving original application).

(and of other re!rvant rederallaws) are willfulness. Otherwise, a prior

( t) Cease andDesh.t Orders are referred to the Ucpart nent of Justice for opportunity for a hearing on the typically used to stop an unauthorized investigation and censideration of modification is afforded. For cases in activity that has continued despite possible prosecutian. Referral to the which the NRC believes a basis could notification by NRC that such activity is Department of justice does not preclude reasonably exist for not modifying the unauthorized.

the NRC frorn taking of her enforcement license as proposed, the licensee wdl ordinarily be afforded an opportunity to

1. UO" # "[o###*C"'AC###"#

action under this Ge. eral Stmement of Policy. Ilowever, sm h m.tmns wdl be show cause why the license shmdd not In nl.hlien to the formal enforcernent roordinated with the Department of be modified in the propor.ed manner.

me hamsms of notu e e,Iviolations, civil justice to she extent pt.n.twah!c.

(2) Suspensmn Un/ cts may be used:

pen dties, and orders, NRC niso usen

[a) To remove a threat to the publ'c inf,umal merlianisms sm h as

f. j,g

,.g,.,

c g,

heahh and safety, common defense and enforcement conferences, bulletins, NRC cnnsidern vio!alions of S. verity g

security, or the emironment; circulars, information notices, generic

!.evels I, II. or fit to be ury serious. If letters, notices of deviation, and repetitive serious viobtiens occur NRC "Mi snbuons.ssomted weh a potuhr ewnt immediate action letters as part of its will runsider inc e; m.!m in E2e c$th

.NE nN[n7 enforcement and regulatory programs.

conjunction with ciul p n dties to

.n..uated wuh the esent. mghi ott.crwne base NRC expects hcensees to adhere achiet e immedta'e con ect a e actions been cunnnua.i. iower.,wenty le et tr. ib.

scrupn'ously to any informat obligations and to dnter further t. currence of 14am iou,i. r.Janon wa.nng.'en *bt h and commitments resulting from these serious violations. N"C ur"ful!v Sit [cI ItI. Y NtIs,Ni gnomes and will not hesitate to issue considers the ci e camnres of c.n h smbnen ir d ronenhutra tun atu d owrewowr, appropiate orders to make sure that case in ulectir.:. cut.ew!png the eme 'n S r,m4 expedanon is realized.

Sanctionb) appratu6 ate 'e t'.e case in

Tederal Regisler / Wil. are, No. Im / 'lut ulav. Ot.lober 7.1980 / I'ropm.ed Itules 66758

=

accordance with ehe enteri.: dentibed exerciws judgment rid discretion in able to perform its intended function in sections IV I! ard IV.C. above.

determming the severity level of the under certain conditions (such as not F,xamples of enfuretment actions that siolations and the appropriato operable unless offsite puwer is (could)(will normaliy) he tat en for enfecement sanctiona. incluiting the available):

i S. s cri.ty 1,cul I. II. or til viol stions are decision to i npose a civil penalty and

3. Felease of radioactisity offsite set ferth in Table 2." Tha actual the ameunt of ruch penalty, consistent greater than the Technic.el Specification pmgession to be med in a parocalar with the p.neral prinoples of this imut *: or case wi'l depend on th3 circumst:ences.

statement of pobey nnd the technical

4. Violation of 10 CFR 50.59 such that rity of the case.

an amendment was not sought.

Table 2.~r ;ma'es o/Preprews of 6c.su-int.lk Commission will be provided IL Severity IV-Violations involving:

cd Eh/orcoment Aluqs ror Cyron s.n rNr d i i d all enforcement

1. Inadequatte review or the failure to o i IVid;j clVil pen 1l ties er Inale H review in accordance with to y

Same A.I.6..y ArcJ UAler IM WM hednbo orda s. Ther Conunission will be CI'It M59 or 10 CIll 21. that does not n, n. ce,sn.m. u.s. v. w.u a r. e.,

consuhed prior to taking enforcement result in a severity level 1.11. or III 6.. me o ww*

s.-,

,1

' *?d" ^'f T"'*

• uticn m the foilcwin;nttuaisons (unless violation:

---_M

'.'.d_.

the uryncy of the sih,ation dictates

2. Any license limit, not covered by

'd immulWte action);

Sesenty Levels L !!. or ill being (1) An acSun uniect, g facihty exceeded:

m n. _..

..a

..n..

opuations that requires balancing the

3. Failure to meet requirements not a: - _..

a e

4.*

peblic health and safety and comron covtred in Severity Levels I II, or Ill,

, 3,%..,., a..r.4

..m..*, cm. o der, nse and security implications of not that measurcably degrades the safety of 0.' O "dO.W.**O l'."P.WI*.

operating the facility with the potential operations incident response. or the

m...

radiological or other hazards associated environment: or

'%.'.M.. mw",T"O Y*.W*RNWl'el'.

with f acil ty operation: "

4. Failure to make a required Licensee m.am =.a A lioposals to impose civil penalties Event Report when the reported matter w.we n.

Norm.dly the progressioa of in amounts greater than the maximum itself does not constitute a violation.

enlarceraent act:ans for sepeutive values set forth in section IV.U.

F Seventy V-Other violations. such sio!ations will be based en uolations (3) Any proposed enforrement action as failure to follow procedures, that i,nder a r. ins;te hcanse. When more than which the Commissian esks to be have other than niinor safety or one f acility is cosend by a single consuhed en: or environmental significance.

I.cene, the nmu.I pro: renion will be (4) Any action an Office IXrector F. Severity VI-Violations that have based on repetitive siolati.sna at an believes warrants Comraission minor safety or environmental individual f.icdity and not on repetitive involvement.

abgnificance.

s.alvions under 'h* same license.

hpplennont I.-Severity Categories Supplement II.-Ses crity Categories llowever. it shoori se noted that under

.ome ci cumstan. cs.

e.. uhere there is Reactor Optc:ivns Focility Construction e,:rarnou c:ntrol ovenorne facet of.

A. Severity I-Violations involving:

A. Severity I-Violations involving a!!

i farNv riptration :: repet:tive violations 3, A gare,y Limit, as defined in the or part of a structure or system that is j

may be charced Wen thowth the ucond Technical Specifications, being completed in such a manner that it v.olation occurred at a afferent f icdity exceeded; wouhl not have satisfied its intended and/or umler a diffesent 1.cenn For

2. A system designed to prevent or safety related purpose.

i cum'e. a physuul nevnty veA ition at mitigate a serious safety event not beinA IL Severity ll-Violations involving:

Umt 2 of i du.d u<..t plant that repeats

.ibhi to perform its intended safety

1. A significant deficiency D quality an cant'er uol.stion at Umt 1 might be function when actually called upon to assurance program iraplemente!!c3 considered repetil:vr.

work:

related to more thaa one work acGy

3. An accidental criticality! or (e g. structural, piping, electrical, V. Respon3 bilities

4. Release of radioactivity offsite foundations), as shown by multiple i

The liirector. Office of Inspection and rreater than ten (10) times theTechnical program implementation violations that I:nforcen.ent, as the pnncipal Specification limit.'

were not identified and corrected until ca.forcement officer of the Comm.amon.

D. Severity !!-Violaticr.s involving:

after installation (i.e.. completion) and has Lcen delegat.ld the authorit) to

1. A system designeil to prevent er inspection by the quality assurance /

issue notves ul Molation:4. cavd miUgate seriovis hafety events not bein;;

aptality control check pointa that are pra.uties, an.! utd"rs." The Dnector ag,le to perform its interuled safe;y relied upon to identify tuich violations:

1 function:

or O.N.$t [.N.,".N.I"r5NcI.

2.Heira:nmf nnhoactivHy ojf3it"

2. All or part of a v.tructure or system nn ater th.ui five (s) times the recFnical that is completed in such a manner that r

c..mnawmn n ieu rs u m moni u.o.na nun, tw ps.o tu n.-..< < r rw, t Spet!fication limit.*

it cmild have an adverse affect on the am u.rea-r. onh, m.m.of N 4-ar rnc%r C. Severity lit-Violations involving:

safety of operations.

t. A Technical Sjiccification 1.imitina C. Ses erity Ill-Violations ins olving-NNN.NNoNN!.h r

Condition for Operation being exceeded 1.1.ack of quality assurance program r

.rrn.n.y. 6.ut ei n n:-r ca etai nana a uw of this where the appropri ate Action Statement implementatiori related to a single work dttofity l.y Mit And *.YD El/ tet tsr'tip,a o,

.oom, r:ce. is in m the intercse or the put t.c Fealth was not satnhed; actitity (e.g., structural, piping, and u 'oy ta' rmt to Wr.e mu, luna a u alation i.f

2. A system dests:ned to prevent or electrical, or foundations) as shown by

.ny emima reqwrc r et.irra!.uly.H i. nrected tuitigde n serious i;afety event not being mtdtiple progrum implementat. ion ft. o it mn nonn.Hy reatme une of its auth,nty M violations that were not identified and

.ui.m ba.ca on stame nt nnnna

-ry e.mo r.ncy. rtumms..ad Program

' corrected by more than one quality s

n wremcia. nn p.rerwr, ointe e a n..nn.r.a.

ha. i. -a ara ut.a is choney to c.1.a.

r u, it A 2 a assutance/ quality control checkpoint s.uir arJe ts wr..e f enws uoLJe C etirasion

' t h.s aan not apply to instantaneous release relied upon to identify such violations:

...caon t,y u,n,- ce or licen.. en tirrat

Federal Register / Vol. 43. No.1ml / Tuesday. Oc'tober 7.1980 / I'ronosed Itu!cs 6(1759

2. Prcoperational test program

1. Failure to provide protectica or

3. Ile! case of r ad r active rnaterial to iruptementatmn in which the violations control of access into the protected area: an imrestricted arca in excess of 5 times result in fa:Img to confirm the design

2. Failure to provide protection or the lirnits of 10 ClR 20.n00:

safety requirements of the structure or cont.ol of access to a vital area or

4. Fa61ure to make an immediate system: or material access area:

notification as required by 10 Cl R

3. Failure to make a required 10 Cl R

3. Failure to provide protection or 20.40J(a 41) and to CI:R 00.403(a)(2):

50.55(c) report.

control of access to the transport vehicle

5. A rad;ation levelin an unrestricted

!). Se s crity IV-Violations involving:

or the SNM being transported; or

1. Failure to fo!!ow one or more

4. Failure to establish or maintain area that exceeds 50 millirem / hour for a one hour period Quahty Assurance Criteria not safeguards systems designed or used to amounting to Seventy I.evel I.11. or 111 detect the unauthonzed removal of 0.1)isposal of licensed material in violations; or Category !! SNM from areas of quantaies or concentrations in excess of r

2. Inadequate review or the failure to authoriicd use or storage.

5 times the hmits of 10 Cl R 20 303 or

'g.,g g, make a review in accordance with 10 D. Severity IV-Violations involving-CFR Part 21 1.1 ailure to establish or maintain 7.

' M.i r M Wrdd E. Sescrity V-Other violatmns. Such safe:Nards systems designed or unas in ewss of 5 hmes the lumts of to as fadure to follow procedures, that ernployed to detect the unauthgrized CFR 20.10 J.

hate other than minor safety or removnl of Category III SNM from areas C. Eeverny IH4 iolations involving:

ein ironmental signihcant e.

of authorized use or storage:

1. Ihpom of a workct to Icvels in F, Severity VI-Violations that have 2 Fadure of the security organization excess of those specified in 10 CFR minor safety or environmental to follow procedures to cope with actual 20.101 or suot; significance.

security incidents that are not covered

2. A ta.hatimt level in an unrestricted by Ses crity I.evels I, !!. or Ill; area that exceeds 5 millirem / hour for a Supplement III.-Ses en.ty Categon.es

3. Failure of corporate or site security one hour period:

t Safeguards management to provide adequate

3. Failure to uake a r t. hour e

A. Severity I-Violations involvm, g:

direction or supervision of the security notificarloa as requi ed by 10 CFR 1

1

1. Actual entry of an unauthorized program that do not result in Severity 20.4031bl er an intnediate notification l

Indmdualinto a vital area or material I.evel f. II. or 111 violations: or required by 10 CFR 20.4rcla):

4. Inadequate review or the failure to

4. Substanthl potential for an eIthat a review in ace rdance with to espo.:ure or release in c cess of 10 CFR as und cte at t e tim of CFR 1, art 21.

20 where such es; esure or release does I

Actual theft. loss. or diversion of SerW er a

M.su not ccur (e.g. entry into high radiation I

special nuclear material (SNM) or an act M

uN w pmce re8 M an area 'vithout h.n mg performed an of radiological sabotate; or 8m y n.

M adequito scruv. operation of n

3. Faigure to prompt,y report nn actuay than minor safeguards sigmficance, radiat:on facihty nith a nonfunctioning i

F. E verity VI-Violations that have interlock systemi-M 8dicBu8td5 8I nificanC"-

E t f rad of 11 tg.

5. Relcaw of ra lioactive material to It Severity ll-Violations involving:

Supplement IV.-Severity Categories an enresnic.ed area in excess of the 1.11reakdown of security systems designed or used to prevent any 1/cohh Phyrics la CTil fart 20 6.1)e im d oflicensed maten. l not a

unauthorized individual from entering a A. Severity I-Violations involving:

covered in Severity f.cvels I or II:

vital area or material access area frorn

1. laposure of a worker in excess of

7. Thpasure cic wmker in restricted outside the protected area such that tre rems of radiation to the whoe body.

areas m excess of tha limits of 10 CFR access could have been gained without m iens to the niin of the whole body, cruo0:or detection:

or 375 rems to the feet, ankles, hands, or

8. Relean for unrestricted use cf 1 Failure to operate the central (or fore..rms:

contaminated material or equipment secondary) alarm station:

2. Ihposure of a member of the public substantially in excess of NHC or

3. F.nlure to respond to unauthorized in eurss of 0.' rems of radiation:

license limits or il.o fadure to a

or unanticipated security alarm

3. I clease of radioactive material to decontaminate plant areas as required.

annunciation ::

an unrestricted area in excess of to

4. Fadure to establish or maintain tunes the h,mits of to CFR 2a100:

D. Severny IV-Vialations involving:

safeguards si stems designed or

4. A radiation !cvelin an unrestricted

1. Failure to fol:ow requirements (e.g..

errp!oyed to prevent or detet.t the uma that exceeds 100 millirem / hour for inadequate s.urvey incomplete do. im'n'. igm r FMd et unauthorired removal of Category I a one mur pedod

'I ".

Lovered M Seventy IM els I.11. or Ul.

. M fr m areas of authorired use or

'] '

Ihyl.sule:tantially rednes the n.. r :m of d

} {s dur limHs of to CFR 2a303 or g[radi dion ! m I in an um cericted 3,,j i!!reakdown of transportation sn.urity systems designed or employed y

area such th it an in fin ht il may receive to prevent the theft. loss, or diversion of SNM or acts of rarfio!ogical sabotage, aren n excess of10 times the lunits of greater den 2 rn$ rent in a one nour C. Severity HI-Violations involvmg:

waa petiod or 100 nullircra in any m en R S.-

NViolations involving.

consecutim days:

• Some transport 4uon requir meriti are app!wd ta

, mum a wdain mss of 5 1 M" N de 1 4h i

i anore than one twen c. iwelved m e. 4m, rems of radiation to the whole body 30 notification requ.ced oy 10 Cl,R 20.105:

edie sty such me a shipper l10 U N rJ 70) and e rt m3 to tLe s. kin of the whole body, or 75 or c.roer (to O R to w) w hen...u! ur.n of aue h a terns to the feet, ar.kles, hands, or

4. h: oicquate renew or failure to requiretrent orcurs, ento.ren.cnt a.. hun== tl be d.rtste 1 og unit the rnponsible ha rnse, wish fon t.lf ms; make.t res'ew in accord.me.e with 10 und r the occumn nte of e., m c.y bane u, 1lbp"sute of a menber of Ihe public CF.R P.trt 21.

rnore ra ite bcen.. inmi.e.

in een of 01 terna of ra liation;

r. Secenty V-V...h.fmns involting:

. ~

C570,0 Federal Re,ister / Vol. 45. No.196 / Tuesday. October 7,1980 / Psoposed Rules D-

1. Failure in male a followup written Severity l evel 1. II, or Ill violations: that

1. A technically unqualified or repcrt a4 retr.ared by 10 CFR 20A02(b),

reduces the margin of safety; or unauthorized person conducting a 20EU. and 20Nxt or

3. !aadeouate review or failure to licensed activtty that results in radiation

2. Aay other ma!!er, including f.ulure make a review in accordance with to levels, contamination levels, or releases to follow procedcres, that has r,ther than CFR part ;:1.

that exceed 10 times the limits specified micor safety or environmental E. Severity V-Other violations, such in the license:

significance.

as failure to follow procedures, that

2. Use of unauthorized equipment tha, t F. Se.erity V!-Violations that havn have other than minor safety or results in radiation levels.

rdnor sately or emironmental envir,nmental significance.

contamination levela, or releases that sier:if:cante.

F. Severily VI-Vialations that have eseced 10 times the limits specified in Supplement L.-Ses crity Categories riiner safety or ern *ronmental the license:

i,ignificance.

3. possession or use of unauthorized l

Trwportation materials requiring a license, that results j

Supplement *.,l.-Severity Categon.es in radiation levels, contammation levels.

A. % verite 14,lo!ations of NRC

/ *4.

C /,z Operation or releases that exceed 10 times the 1

tronque st%a n quir tr.entilavciv"Mt:

limits specified in the license:

1. Madaatui evosure of a memte r of A. Severity I-Violations invo,aving:

4. Failure to perform required surv ys, the p dd c ia escen at 0.5 rems of

1. A nuciaar criticahty r.ccident; or tests or evaluations, or to institute radiation; nr

2. A system designed to prevent or required r,afety precautions that results i

, 2. lors of pariice interri:y reau! ting snitigate a serious safety event not bein3 in radiation 1, vels, contamination levels, m ntface contammatien oc exte[nal operable when actually requircd to or releases that exceed to times the rechtmn levels in nere of ten t10J perforra its design function.

limits specified in the license: or times the NRC or Denarm ent of

11. Seventy II-Violations involving:

5. A system designed to prevent or fra: sportatina f r,OT) hm.:1.

1. A system designed to prevent er mitigate a serious safety event not being

9. Scurry !!-Violation:: of AFC tratigate a serious nafety event beina operable when actually required to transportatje,n trqcher:ients mvmrtig; inoper9 tive:

perform its design function.

1.1.us i of packr.ge inten: ty resulting

2. Conduct of aethitles not authoilzed

13. Se verity II-Viola tions involving:

j in surface contamination or exterrml by the licenso that have a significant

1. A technically unqualified or

~

raducion levels m excess of NRC or safety implication; or unauthorized persen conducting a DOT.qu'rernents:

3. Failcre to taake nn immediate or licensed activity tha: results in radiation

2. berface con: amination er axternal prompt report required to be made by levels, contamination levels, or releases ramat.on levels m eues.i of thren thnas i,dephane or other electronic means.

In excess of license limits:

N! C or f)OT 1:m:ts that dia ra,t sesult C. Severity fil-Violations involving:

2. Possession or use of unauthorized frcm a bicath of package inte;;rity; or

1. A de :raded system designed to equipment or material in the conduct of

~ klm to :: ake esquired inhiel prevent or mitigate a serious r,afety licensed activities that results in wisabons associated wnh Seventy event (eg. confinement barriers or radiation Icvels, contaminat!on levels, or I.cvel1 o 11 violations.

criticahty controls); or releases that exceed limits specified in C. S,r.t roy id-Qdations o! NRC

2. Operation with a technically the license.

Ic::nnnrt tion requirement s 1avolving:

unquahfied or unauthorized person

3. Fadure to perform required surveys,

' Ere a n of package tutegn,ty; resultin,;in a reduc ed margin of safety.

tests, or evaluations that results in l

2. h f 4ce wataire nation or external D. Severity IV-Violations involving:

radiation levels, contamination levels, or radiation levels m excen of. tut les'

1. Inadequate review or the failuro to releases that exceed the limits specified than a fu tar cf thice above NRC or review nctivities in accordance with to in the license.

DO T ret;ainop: ent:,, that did not rt:sultCFR Part 21 or mana;;ement reviews

4. Failure to make required initial from a breat of p uage interrity:

required by the license that are not notifications associated with Severity

3. Any noncompi.ance with labelh.ng.

performed or are performed I.evel I or !! siolations: or placard:ng t,hippmg paper, packaging, inadequately but that do not result in a

5. A system designed to prevent or Icading, or other requirements that couhi Severity Level I. !!. or !!! violation:

mitigate a serious safety event being reasonably resu!t m the f.dlowing:

2. Any operation limit not covered by inoperative.

n. !mproper identit'ication of the type' Severity I.crel I. !!, or til violations C. Severity I!!-Violations involving:

l quantity, or ferra cf matenal:

being exceeded:

1. Failure to control access to licensed b.1,adure of the carrier or rec..ipwnt t" evrar.o adequate controls; or i Faihne to follow requirements not materials far radiation purposes as

c. Subsl.mtsal nti otial Ior perronnel md h h W L M h R m m specifi; d liy NRC requirements; y pn..u.caon or m.e of unauthotired i

gg g

,, g,

npogane or e ont.nnm ilum: or g

eipdpna nt or material.iin the e onduct of 4 I clure to make te. pored Huttal

]j, en.w,. m g,y;gje3; entifa at.on ;

.30. i est with beg a nly

l. Procmement of radioactive material level !!! siolatums.

" "[ *,

[or human use where such use is not D. Severity 1w -\\ solations of NiR tri:nmortati5n ret;mrement i invelving:

os f.nlam to faHow pmcedures, that authorized'-

h"*"

h"# h"" i" ' "" "'I "'

4. Conduct of licensed activities by a

1..iny rencompliance intohirg packa:;e seltction or preparatica C"' I'"""".ntal s.amfn:ance.

technically unqualified or un.nuthorized person'-

i requiremants w h!ch does rot result in n

.F. Seventy VI-Violations that have bn a h of packare intmrity or surfre

""""' *"I"' Y C i i'"5"C"I dI

5. Fadure to make required initial cont aminatr.n or enternal radiation senmen:nx.

notifications associated with Severity Level !!! s iolations: or leselg in excess of NRC or DOT Supp!cment VII.-Severity Categories n Degradation of a system designed to reqw re.ra nt s.

2. l'ailura !., follow t rocedures: or pnah Ojwrations pn sent or mitigate a serious safety pg,g in.2dequ ete 5 mced.r.2. not coverol in A. Seurity I-Viniations ins olving:

D. Severity IV-Violations involving:

e Federnt Register / Vol. 45. No. It>0 / Tuesday, October 7,1980 / I'roposed Rules 66 61

1. Fa. lure lo follow requirements not rovered in Severity I.evel I II. or 111 violations that reduce the margin of safety (e g, failure to determine that a sadiographic source is fu!!y retracted after an exposure);

- 2. Failure to rnaintain patients containing cobalt 00. cesium 107. or iridium.192 implants hospitalized, to i

conduct required leakage or contamination tests, or use of improperly cabbrated equipment; or i

3. Inadequate review or the failure to review activities in accordance with 10 CIR Part 21 or management resiews required by the license that are either not performed or not performed adequately but that do not result in a Severity I.evel I. !!. or til violation.

E. Severity V-Other violations. such as failure to follow procedures, that have other than minor safety or enn ironmental significance.

F. Severity VI-Violations that have minor safety or environmental signifscance.

Dated at liethesda, ht!). this ist day of Octutser 1tel l'or the Nuttrar Regulatory Commission.

Victor Stello. fr.,

threi tor. Office ofin spection and Enforcement.

pN D..c skmno bl.a M 6e a M emj SILLueG CODE PH0-09-M D

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