ML20042G788
| ML20042G788 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 05/10/1990 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20042G785 | List: |
| References | |
| EA-90-055, EA-90-55, NUDOCS 9005160093 | |
| Download: ML20042G788 (4) | |
Text
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L NOTICE-0F VIOLATION AND.
L PROPOSED IMPOSITION OF CIVIL PENALTY I
New York Power Authority Docket No.
50-333 p
James A. FitzPatrick Nuclear Power Plant -
License No. DPR-59'~
- During a special radiol'ogical controls inspection conducted'on-
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March'14-15, 1990,- in response:to an overexposure identified by the' licensee and reported to the NRC, violations of NRC requirements were identified.
In accordance with the " General Statement of. Policy and.
Procedure for NRC Enforcement Actions, 10.CFR Part 2, Appendix C (1989),.
the Nuclear Regulatory Concission proposes to: impose a civil penalty pursuant to Section 234 of the Atomic Energy ~ Act of 1984, as amended ("Act"),.42 U.S.C.
2282, PL 96-295, a'nd 10.CFR 2.205. The particular violations and the associated civil penalty'are set-forth below:
A.
10 CFR 20.101(a) limits the total occupational radiation exposure to the i
hands of an individual in a restricted area-to 18.75 rem per calendar l
quarter.
Contrary to the above, during the-first calendar quarter of 1990, specifically, on March 8,1990, a Radiation and Environmental Services (RES) technician working in the Sample Sink Area of the Radwaste Building, 4
a restricted area, received a total radiation exposure to the thumb of h
the left hand of 48.8 rems while providing radiological coverage for a p
job involving the injection of sodium-24 (Na-24) into the reactor feed-water system during a feedwater flow test. The exposure on March 8,.1990 I
resulted in a cumulative extremity exposure to the individual'for the calendar quarter of 49.06 rems -
i B.
Technical Specification 6.11 (Radiation Protection Program) states that i
procedures for personnel radiation protection shall be prepared and adhered to for all plant operations.
These procedures shall be formulated t
to maintain radiation exposures received during operation and maintenance j
as far-below the limits specified in 10 CFR 20 as-practicable. The proce-1 dures shall include planning, preparation, and training for operation and' maintenance activities. They shall'also include exposure allocation, radiation and contamination control techniques, and final debriefing.
p 1.
Radiation Work Permit Procedure (RPP-4), Section 1.0, states, in part, that the purpose of the Radiation Work Permit (RWP) is. to.
achieve good radiation exposure control. <Section 6.3.2 of RPP states that an RWP is required for jobs where special hazards are involved.
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2 Notice'of Violation-Contrary to the above, neither ' station approved work procedure NWT-INSOL, Revision 0 (Preparation of Na-24 Injection Solution) nor Radiation' Work Permit.(RWP) No. 90-0534-5, both of which were established for a special hazards job involving the injection of Na-24 into the reactor feedwater system on March 8, 1990, were i
- adequate to maintain radiation exposure limits as far below the limits specified in 10 CFR Part 20fas practicable in that the work' procedure and the RWP did not achieve good radiological controls.
Specifically, these documents did not:
'a.
. require any protective c'lothing for the Radiation and'.
Environmental Services (RES) technician (providing the health-physics job coverage) entering and working in the Na-24 preparation and injection area; b.
provide any requirements for performing personnel contamination-monitoring at or near the Na-24 preparation and injection area;.
-t c.
inform.the workers that Na-24 was a beta radiation emitting isotope necessitating aLbeta radiation' survey of the work:
area; and d.
provide any special instructions or precautions cautioning against the direct handling of the Na-24 capsule or capsule cap because of the, potential for substantial levels ofc high specific-3 activity contamination-remaining on the capsule or. cap after removal of its contents, or as to how to' deal:with-a Na-24 leak at the preparation and injection; area,;should one occur.
2.
Station approved work procedure NWT-INSOL, Revision.0,. describes the procedural steps for opening the Na-24 shipping cask and preparing the injection ~ solution. Step 15 (a' procedure step designed to minimize contamination); requires that the'Na-24 i-capsule cap be removed by using the removal tool-and tongs or-tweezers, and that the cap be placed in;a disposable container.
Contrary to the above, on March-8, 1990, Step 15 of NWT-INSOL, Re~ vision 0, was not adhered to-in that:
a.
the Na-24 capsule cap was not placed in a disposable container after it was removed from the capsule by the vendor employees; and b.
the RES technician picked up the capsule cap with a glove on
-his right hand (rather than a removal tool, tongs or tweezers)-
and placed it back on the capsule.
These violations have been categorized in the aggregate as a Severity Level
'III problem.
(Supplement IV) s Civil Penalty - $75,000 (assessed equally among the-violations).
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j Pursuant-to the provisions of 10 CFR 2.201,-New York Power Authority is,hereby g
required to submit a written statement or explanation to the Director, Office ~
1 of Enforcement, U.S. Nuclear Regulatory Commission,-within~30 days of the date-of this Notice. This reply should be clearly marked as a." Reply to a Notice of Violation" and.should include for each violation:
(1) admission or denial of-the alleged violation; (2) the reasons for the violation if. admitted, (3) the' corrective steps that have taken and the results achieved, (4) the corrective steps that will be taken to avoid further. violation, and'(5) the date when full' compliance will be achieved.
If an adequate reply is not received within the i:
time specified in this Notice, an order may be issued to show cause why the i
license should not be modified, suspended, or~ revoked or why such'other action-as may be proper should not be'taken.
Consideration may be given to extending.
the response time for good cause shown.
Under the authority of Section'182 of-
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the Act, 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, the Licensee may pay the civil penalty by letter to-the Director, Office of Enforcement U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer _of the United States in the' amount of the civil penalty proposed above', or may protest imposition of the civil penalty-l in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to-answer within the time specified, an order imposing the civil penalty will be.
issued. Should the Licensee. elect to ' file an answer in accordance with 10_ CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: -(1) deny the violation 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 penalty should not be imposed.
In addition to protesting the civil penalty, t
such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1989), should be addressed. -Any a
l written answer in accordance with 10 CFR 2.205 should be set.forth separately i
from the statement or explanation-in reply pursuant to 10 CFR 2.01, but may -
incorporate parts of the 10 CFR 2.201 reply by' specific reference (e.g...
l citing page and paragraph _ numbers) to avoid repetition.
The attention of the Licensee 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 penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this ' matter' may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be coliected by civil action pursuant to Section 234c of the-Act, 42 U.S.C. 2282c.
The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, L
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Notice of Viclation 4
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U.S. Nuclear Regul6 tory Commission, ATTN: Document Control Desk, Washington, DC 20555, a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, 475 Allendale Road, King of Prussia, rA, 19406 and a copy to the NRC Senior Resident laspector, FitzPatrick.
FOR THE NUCLEAR REGULATORY COMMISSION Original Signed By:
Thomas T. Martin Thomas T. Martin Regional Administrator Dated 4t fing of Prussia, PA-this /vTo day of May 1990 8
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