ML20052C461
| ML20052C461 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1982 |
| From: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20052C456 | List: |
| References | |
| EA-82-051, EA-82-51, NUDOCS 8205050009 | |
| Download: ML20052C461 (3) | |
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Appendix NOTICE OF VIOLATION AND PROPOSED IMPOSITIOR 5F CIVIL PENALTIES University of Michigan License No. 21-00215-04 4080 Administration B1dg.
EA 82-51 Ann Arbor, MI 48109 As a result of the special inspection conducted at the University of Michigan, Ann Arbor, Michigan, on January 20, 1982, and February 2 and 3, 1982, it appears violations of NRC requirements have occurred.
These violations relate to the licensee's failure to evaluate the concentration of iodine-131 released from a hood over a period of about seven years.
For the past five years the release of iodine-131 was in excess of regulatory limits to an unrestricted area.
Accordingly, in order to emphasize the need for making adequate evalua-tions and controlling the release of licensed material to an unrestricted area, the NRC proposes to impose civil penalties in the cumulative amount of Two Thousand Dollars.
In accordance with the NRC Enforcement Policy (10 CFR Part 2, Appendix C) 47 FR 9987 (March 9, 1982), 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 the asso-ciated civil penalties are set forth in Parts A and B below:
A.
10 CFR 20.201(b) requires that each licensee shall make or cause to be made such surveys as may be necessary for him to comply with the regu-l 1ations in this part.
Section 20.201(a) defines " survey" as an evaluation of the radiation hazards incident to the production, use, release, dis-posal, or presence of radioactive materials or other sources of ' radiation l
under a specific set of conditions. When appropri. ate, such evaluation l
includes a physical survey of the location of materials and equipment, and l
measurements of radioactive material present.
l Contrary to the above, the licensee failed to make an adequate evaluation of the concentration of iodine-131 that was released to an unrestricted area from a hood in the nuclear pharmacy.
Specifically, although the i
production of 131I-iodocholesterol (NP-59) was started in 1975 and the procedure had been repeated every two weeks until February 3, 1982, no measurements of airborne concentrations of iodine-131 released to an l
unrestricted area were made until February 3, 1982.
l l
This is a Severity Level III Violat %n (Supplement IV).
l (Civil Penalty - $1,500).
1 8205050009 020412 NMS LIC30 21-00215-04 PDR
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4 Appendix (Continued) 2-B.
10 CFR 20.106(a) requires that the licensee shall not possess, use, or transfer licensed material so as to release to an unrestricted area radioactive material in cencentrations that exceed the limits specified in Appendix B, Table II of 10 CFR Part 20.
The concentrations may be averaged over a period not greater than one year.
t Contrary to the above, the licensee's bi-weekly production of 131I-iodo-cholesterol (NP-59) resulted in releases of iodine-131 to unrestricted p
areas that were in excess of the neximum permissible concentration.
1 This is a Severity Level III Violation (Supplement IV).
(Civil Penalty - $500).
Pursuant to the provisions of 10 CFR 2.201 the University of Michigan is hereby required to submit to this office within 30 days of the date of this Notice i
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 that have been taken and the t
results achieved; (4) the corrective steps that will be taken to avoid further i
violations; and (5) the date when full compliance will be achieved.
Considera-tion may be given to extending your 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, the University of Michigan may pay the civil penalty in the amount of Two Thousand Dollars or may protest imposition of the civil penalty in whole or in part by a written answer.
Should the University of Michigan fail to answer within the time specified, this office will issue an Order imposing the civil penalty in the amount proposed above.
Should the University of Michigan elect to file an answer in accordance with 10 CFR 2.205 protesting the civil i
penalty, 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 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 penalties, the five factors contained in Section IV (8) of 10 CFR Part 2, Appendix C should be addressed.
Any written answer in accor-dance 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., citing page and paragraph numbers) to avoid repetition.
The University of Michigan's attention 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 has been subsequently deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter m
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Appendix (Continued) 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. 2282.
FOR THE NUCLEAR REGULATORY COP 9tISSION
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Richard C. D ung, Di'ector Office of In ction and Enforcement Dated at Bethesda, Maryland this 12 day April 1982 l
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