ML20045C164
| ML20045C164 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1993 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20045C159 | List: |
| References | |
| REF-QA-99990003-930608 EA-93-115, NUDOCS 9306220146 | |
| Download: ML20045C164 (5) | |
Text
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Steel Warehouse Company, Inc.
Docket No. 99990003 South Bend, Indiana General Licensee EA 93-115 During an NRC inspection conducted on April 22-30, 1993, violations of NRC requirements were identified.
In accordance with the
" General Statement of Policy and Procedure for NRC Enforcement Actions,"
Appendix C,
the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C.
2282, and 10 CFR 2.205.
The particular violations and associated civil penalty are set forth below:
l I.
Violations Assessed a Civil Penalty i
10 CFR 71.5(a) requires that licensees who transport licensed material outside the confines of their plant or deliver licensed material to a carrier for transport comply with the applicable requirements of the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR Parts 170-189.
Pursuant to 49 CFR 172.101, radioactive material is classified as hazardous material.
1.
49 CFR 177.817(a) requires that a carrier not transport a hazardous material unless it is accompanied by a shipping paper prepared in accordance with 49 CFR 172.200 through 172.203.
Contrary to the above, on November 30, 1992, the licensee transported a hazardous material outside the confines of its plant and it was not accompanied by a shipping paper prepared in accordance with 49 CFR 172.200 through 172.203.
Specifically, a Data Measurement Corporation gauging device, Model No. AM-5A and Serial No. BS954804, containing 1 curie of Am-241, was transported without shipping papers.
2.
19 CFR 173.465(a)
- requires, in part, that Type A packaging be capable of withstanding the tests described in Section 173.465.
49 CFR 173.461 requires, in part, that compliance with the test requirements.in Section 173.465 shall be shown by methods prescribed in Section 173.461(a).
Contrary to the above, on November 30, 1992, the licensee delivered to a carrier for transport one Data Measurement Corporation fixed gauging device, Model No. AM-5A and 9306220146 930608 REG 3 GA999 EEC*****
99990003 PDR
June 8, 1993 Serial No. BS954804, containing 1 curie of Am-241 sealed source, a quantity that requires DOT Specification 7A Type A packaging.
The packaging, a cardboard box with bubble wrap and foam pellets, had not been tested or evaluated using the methods of Section 173.461 to I
demonstrate compliance with the test requirement in Section 173.465, for the material offered for shipment.
3.
49 CFR 172.300(a) requires, in part, that each person who offers a hazardous material for transport shall mark each package containing the hazardous material in the manner required.
49 CFR 172.310 requires, in part, that each package of radioactive material which conforms to the requirements for Type A or Type B packaging, be plainly and durably marked on the outside of the package in letters at least 1/2 inch (13 mm) high, with the'words " TYPE A" or " TYPE B" as appropriate.
Contrary to the above, on November 30, 1992, the licensee offered a hazardous material for transport and did not mark the package containing the' hazardous material in the manner required.
Specifically, a
Data Measurement Corporation fixed gauging device, Model No. AM-5A and Serial No. BS954804, containing 1 curie of Am-241, was transported without any of the required markings.
4.
49 CFR 172.400(a) requires, in part, that each person who offers a package containing a hazardous material for transport shall label it, when required, with labels prescribed for the material as specified in 172.101 and in accordance with 49 CFR Part 172, Subpart E.
Contrary to the above, on November 30, 1992, the licensee transported hazardous material without labels as prescribed for the material as specified in 172.101 and in accordance with 49 CFR Part
- 172, Subpart E.
1 Specifically, a
Data Measurement Corporation fixed gauging device, Model Number AM-SA and Serial Number BS954804, containing 1 curie of Am-241, was transported without any of the required labelling.
)
l This is a Severity Level III problem (Supplement V).
1 Cumulative Civil Penalty - $250 (assessed equally among the j
four violations).
1 l
II.
VIOLATIONS NOT ASSESSED A CIVIL PENALTY l
1.
10 CFR 31.5 (c) (3) requires that any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to a general license shal.' assure
l y
June 8, 1993 that tests for leakage of radioactive material and proper operation of the on-off mechanism and indicator, if any, and other testing, installation, servicing, and removal from installation involving the radioactive material, its shielding or containment, are performed:
(1) in accordance with the instructions provided by the labels; or (2) by a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to perform such activities.
Contrary to the above, in January 1990, the licensee installed a Data Measurement Corporation fixed gauging device, Model Number AM-5A and Serial Number BS954804, containing a 1 curie Am-241 sealed sourm and removed the same device from installation on November 29, 1992.
The installation and removal were not performed in accordance with the instructions provided by the labels or by a person holding a specific license pursuant to 10 CFR Parts 30 and 32 or from an Agreement State to perform such activities.
This is a Severity Level IV violation (Supplement VI).
2.
10 CFR 31. 5 (c) (5)
- requires, in part, that upon any indication of a possible failure of, or damage to, the on-off mechanism or indicator, the licensee shall, within 30 days, furnish to the Regional Administrator of the appropriate Nuclear Regulatory Commission Region, a
report containing a brief description of the event and the remedial action taken.
-l
)
Contrary to the above, on November 30, 1992, the licensee observed the indicator window to be damaged on a fixed gauging device, Model Number AM-5A and Serial Number BS954804, containing a 1 curie Am-241 sealed source. The j
licensee did not furnish the appropriate Regional j
Administrator, within 30 days, a report containing a brief description of the event and the remedial actions taken.
Specifically, a report was raot sent to Region III until February 4, 1993, a date exceeding the 30 days.
This is a Severity Level IV violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, Steel Warehouse Company, Inc.,
(Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, within 30 days of the date of-this Notice of Violation and Proposed Imposition of Civil Penalty (Notice).
This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) 1
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June 8, 1993 the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further j
violations, and (5) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued to show cause why the 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 the Act, 4 2 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 addressed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, with a check, draf t, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Of fice 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 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 penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C, should be addressed.
Any written answer in 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 parts of the 10 CFR 2.201 reply by specific reference (e.g.,
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. 2 05, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C.
2282c.
, ~.... c, Notice of Violation 5
June 8, 1993 The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, ATTN:
Document Control
- Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region III, 799 Roosevelt Road, Glen Ellyn, IL, 60137.
For the Nuclear Regulatory Commission
[k J.
Martin Regional Administrator Dated,aq Glen Ellyn, IL this W day of June 1993
Steel Warehouse Company 4
June 8, 1993 In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice,"
a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
The responses directed by this letter and the enclosed Notice are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub.
L.
No.96-511.
Sincerely, Original Signed by HMiller for J.
B.
Martin Regional Administrator
Enclosure:
Notice of Violation and Proposed Imposition of Civil Penalty A$
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