ML20058L390
| ML20058L390 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 07/23/1990 |
| From: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20058L389 | List: |
| References | |
| EA-90-111, NUDOCS 9008070137 | |
| Download: ML20058L390 (3) | |
Text
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i NOTICE OF VIOLATION AND i
PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Nuclear Energy Company Docket No.
50-245 Millstone Unit 1 License No. DPR-21 EA 90-111 On May 10-25, 1990, an NRC inspection was conducted in the Region I office and at Barnwell, South Carolina to review the circumstances associated with the shipment of a Transnuclear, Inc., TN-RAM cask containing radioactive material from Millstone, Unit 1 to the Low Level Waste Disposal Site, Barnwell, South Carolina with free standing liquid in the cask in excess of the regulatory limit. This condition constitutes a violation of NRC requirenents as described below.
In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1990), the Nuclear Regulatory Commission proposes to impose a civil penuity 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 violation and associated civil penalty are set forth below:
10 CFR 71.12(a) states, in part, that a general license is hereby issued to any licensee of the Commission to transport, or deliver to a carrier for transport, licensed material in a package for which a certificate of compliance has been issued by the NRC.
10 CFR 71.12(c)(2) states, in part, that this general license applies only to a licensee who complies with the terms and conditions of the certificate.
Condition 7 of NRC Certificate of Compliance No. 9233, issued for a Transnuclear, TN-RAM shipping cask (package) requires that the inner cask cavity and the secondary container be free of water when the package is delivered to a carrier for transport.
10 CFR 61.56(b)(2) requires, in part, that wastes containing liquid be converted into a form that contains as little free standing and noncor-rosive liquid as is reasonably achievable, but in no case shall the liquid exceed 1% of the volume of the waste when the waste is in a disposal container designed to ensure stability.
Contrary to the above, on May 7,1990, a Transnuclear, TN-RAM shipping cask containing approximately 16,000 curies of irradiated hardware was delivered by the licensee to a carrier for transport to the Low Level Waste Disposal Site, Barnwell, South Carolina (Barnwell), and upon receipt of this shipping cask at Barnwell, the cask was found by an employee of the Low Level Waste Disposal Site to contain approximately 196 gallons (approximately 40% of the cask internal volume) of slightly contaminated water (having a near contact dose rate of 5 mR/ hour).
This is c Severity Level III vio'lation (Supplement V).
Civil Penalty - $50,000 Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy Compar.y (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 0FFICIAL RECORD COPY CP PKG MILLSTONE TRANS 0007.0.0 07/19/90 9008070137 900723 ADOCK0500g5 FDR
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Notice of Violation 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 alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further 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 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 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 Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or i
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 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 extenu-ating 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, 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 (1990), 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 2.205, 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, U.S.C. 2282c.
OFFICIAL RECORD COPY CP PKG MILLSTONE TRANS 0008.0.0 07/19/90
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.The. response'noted above (Reply to.a Notice ~of Violation, letter with payment I
of civil penalty, and Answer to a Notice'of Violation) should be addressed to:
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN
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Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, and the' Senior Resident Inspector at if
~ Millstone, i
FOR THE NUCLEAR REGULATORY COMMISSION l>
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[ original signed by W. F. Kane]
l Thomas T. Martin Regional-Administrator Dated at King of~ Prussia, Pennsylvania.
this gg$ day of July 1990 i
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