ML20058K670
| ML20058K670 | |
| Person / Time | |
|---|---|
| Issue date: | 11/10/1993 |
| From: | Martin J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Monica Ford COMO PLASTICS CORP. |
| Shared Package | |
| ML20058K676 | List: |
| References | |
| REF-QA-99990003-931110 EA-93-261, NUDOCS 9312160001 | |
| Download: ML20058K670 (3) | |
Text
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_ [gOceyjo NUCLEAR REGULATORY COMMISSION UNITED STATES s
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799 ROOSEVELT ROAD GLEN ELLYN ILLINOIS 60137-5927 k..../
i November 10, 1993 i
General. License (10 CFR 31.5)
EA 93-?61 Como Plastics, Inc.
Attn: Ns. Melinda Ford Plant Manager Post Office Box 387
't Columbus, Indiana i
Dear Ms. Ford:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY
$750 (INSPFCTION REPORT 99990003/93036)
This refers to the safety inspection conducted at your facility on September 28, 1993, concerning the loss of stati eliminator devices containing nominally 10 millicuries of polonium-210 which you possessed under a General license issued pursuant to 10 CFR 31.5.
The report documenting the
. inspection is enclosed with this letter. The inspection identi:ied a 1
significant violation of NRC requirements and a copy of the inspection report is enclosed. On October 25, 1993, you were contacted by Mr. Cameron of this 1
office and offered the opportunity to further discuss the issues surrounding the violations at an enforcement conference. You declined the invitation l
based on your belief that all pertinent facts were known and had previously I
been discussed.
On~ february 17, 1992, Como Plastics informed NRC Region III that two static eliatinator devices had been lost. One of the devices was subsequently
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F iocated. An inventory was conducted during the NRC inspection and an additional device could not be located.
The violation is fully described in the enclosed Notice of Violation and concerns the failure to control access to licensed materials for radiation purposes as specified by NRC requirements. I.n accordance with the " General i
Statement of Policy and Procedure for NRC Enforcement Actions," (Enforcement Policy) 10 CFR Part 2, Appendix C, the violation is categorized at Severity Level Ill.
l lhe root cause of the violation appears to be a lack of management oversight i
of.the radioactive materials in the possession of Como Plastics.
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Como Plastics, Inc.
2 The NRC recognizes the low safety significance of the loss of the static eliminator devices because of the form of the material. Nevertheless, the loss i
of byproduct material possessed under a General License represents a potential hazard to the health and safety of the general public and indicates a serious lack of control over licensed material.
The loss also demonstrates a significant lack of managemant involvement in the oversight of the use of radioactive materials.
The general license under which Como Plastics, Incorporated, possessed nuclear I
materials requires that radiation safety be managed effectively.
Incumbent on Como Plastics is the responsibility to protect the health and safety of employees and the public by assuring that all requirements of the NRC gener 1 license are met. Therefore, I have decided to i.ssue the enclosed Notice of Violation and Proposed imposition of Civil Penalty (Notice) in the amount of 5750 for the Severity Level Ill violation.
The base value of a civil penalty for a Severity Level 111 violation is 550;.
The civil peralty adjustment factors in the Enforcement Policy were considered.
The civil penalty was mitigated 50 percent because of the l ~
corrective action (i.e. returning all nuclear materials to the manufacturer).
liowever, the base civ1'. penalty was escalated 100 percent for your poor past performance in maintaining control of byproduct materials. On July 29, 1988.
you reported the loss of three static eliminator devices, containing polonium-210. On February 17, 1992, you reported the loss of two more such devices, but subsequently reported that one of these had been located. Then, during our special inspection conducted on September 28, 1993, an inventory disclosed that a fifth device was missing.
Therefore, no credit was given for the civil penalty adjustment factor for identification.
The remaining factors in the Enforcement Policy were also considered and no further adjustment to the base civil penalty is considered appropriate. On balance the amount of the civil penalty was increased 50 percent.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room.
The response 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 Reductn 1 Act of 1980, Public Law No.96-511.
Sincerely, b
/
Join B. Martin Regional Administrator
Enclosures:
1.
Notice of Violation and Proposed 2.
Inspection Report No. W 990003/93036 Imposition of Civil Penalty
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3 DISTRIBUTION.
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H. Thompson, DEDS l
J. Sniezek, DEDR j
J. Lieberman, OE i
L. Chandle, OGC l
J. Goldberg, OGC R. Bernero, NMSS C. Paperiello, NMSS i
Enforcement Coordinators
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F. Ingram, GPA/PA D. Williams, OIG B Hayes, 01 S. Schwartz, SP E. Jordan, AEOD R. Caniano, Rlli OE:ES l
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