ML20083D723

Responds to NRC Re Violations Noted in IE Insp Rept 50-247/83-19.Corrective Actions:Personnel Reinstructed & Shipping Procedure Revised to Require Addl Shoring for Heavy Matl Shipments

ML20083D723
Person / Time
Site:	Indian Point
Issue date:	10/09/1983
From:	Otoole J CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:	Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
Shared Package
ML20083D716	List: ML20083D723
References
NUDOCS 8312280230
Download: ML20083D723 (6)

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, , ., John D. O'Toob 4 Vice Pfe$4ent Consondated Ed son Company of New York, Inc 4 Irving Place, New York, NY 10003 Telephone (212) 460-2533 October 9, 1083 Re Indian Point Unit No. 2 Docket No. 50-247 Mr. Thomas T. Martin, Director Division of Engineering and Technical Inspections U. S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, Pa. 19406 Dear Mr. Martina This refers to Inspection Report No. 50-247/83-19 prepared by Mr. P.

Clemons and reporting the results of an inspection on August 29, 1983 of activities authorized by NRC License No. DPP-26 at Indian Point Station. Your September 9, 1983 letter stated that it appeared that one of our activities was not conducted in full compliance with NRC requirements.

Provided herewith as Attachment A is our response to the Notice of Violation enclosed as Appendix A to Inspection 50-247/83-019 Appendix A was based on the results of an inspection by a respresentative of the South Carolina Department of Health and Environmental Control on July 28, 1983. We did not agree that the South Carolina findings indicated that an item of non-compliance occurred and subsequently South Carolina has since withdrawn its notice of violation. A copy of the letter withdrawing the violation is included in Attachment A. It is also our position that this activity did not constitute an item of non-compliance with NRC requirements as discussed in the Attachment.

Our response is being provided pursuant to Section 182 of the Atomic Energy Act of 1954 as amended. Should you or your staff have any questions, please contact us.

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Very truly yours,

& W q John D. O'Toole Vice President Subscribe nd a n to before th a // day of ^4to , 983.

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Not ry Publ c CONRAD TROMDA Notary Pubf.: State of New York No. 30 4022J75 Attach. 0uann '

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cc Mr. Thomas Foley, Senior Resident Inspector U. S. Nuclear Regulatory Commission P. O. Box 38 Buchanan, New York 10511 l

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50-247/83-19 -

ATTACHMENT A RESPONSE TO NOTICE OF VIOLATION ," .

APPENDIX A Violation As a result of an inspection conducted on July 28, 1983, by a representative of the South Carolina Department of Health and Environmental Control of a shipment of licensed material sent from your facility in Buchanan, N.Y. on July 26, 1983, and in accordance with the NRC Enforcement rolicy, 10 CPR 2, Appendix C, the following violation was identified:

10 CFR 715 prohibits the delivery of licensed material to a carrier for transport unless the licensee complies with the regulations in 49 'CFR Parts 170-189. 49 CFR 173.24(a) requires that each package used in such transfer has its contents so limited that under conditions normally incident to transportation the effectiveness of the packaging will not be substantially reduced.

Contrary to the above, on July 26, 1983, a package (Package No. 19920) containing 87 millicuries of licensed radioactive material was delivered to a carrier for transport and its contents were not so limited. Its effectiveness was substantially reduced under normal transport conditions. The package was found to have puncture holes in the bottom of the container.

This is a Severity Level III Violation (Supplement V.C.1).

i Response .

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l The Radjoactive Waste Shipment No.83-44U, Allocation 0783-346-A classified as Radioactive Material-Low Specific Activity, described as solid compacted waste, and contained in twelve metal dumpsters, was found to have two small "pinnoles" in the bottom of Container No. 19920.

Our records projected conservatively that the 98 Cubic Foot container l

l contained 87 millicuries. The contents consisted of 37 pieces of scrap steel with fixed contamination.

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To provide -filler material for the . crate without excessive

• weight t!'rteen (13) sealed bags of trash from the controlled area were packed with the scrap steel.

• In addition to limiting the weight of the crate, the added bags aided in avoiding problems during shipping. The bags of trash had no external

, contamination. Based on the following considerations, i

1. the contents of the container, (fixed contamination or otherwise i

contained material),

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2. the type of container, a steel reinforced crate,

3. the conservative estimates on the activity contained, I

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4. the small size of the two " pinholes" identified on the crates,

5. the State's surveys of the container which clearly identified levels below those specified in 49 CFR 173.397 and which found that the material was packaged in a strong, tight, package so that there was no leakage of radioactive material, I 6. the effectiveness of the packaging which was not substantially I

reduced under conditions normally incident to transportation,(See l

l attachment hereto)

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we request that the NRC reevaluate in find.tny in tuAJ matter. A similar application was made to the South Carolina Department of Health and Environmental Control and Con Edison received favorable consideration.

1.'otwithstanding our position in this case, we have re-instructed our personnel and revised our shipping procedure to require additional shoring for shipments of heavy materials. We have been in close contact with both your staff and the burial site to insure a quick and satisfactory resolution of this matter.

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Soutil Carolina Department of Henith and Environmental Control 6

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September 30, 1983

=l E C E W C D Mr. R.D. Gauny, Gener el Manager 00T G E83 Environmental Healti. & Safety Consolidated Ed: sen Co. of !T.Y. , Inc.

"~ GENERAL MANAGER ~~

Indi6n Foint Stacion EHa5 Broadway & Bleakley Avenues Buchanan, New York 10511-1099

Dear Mr. Gauny:

This is in refererice to our letter of August 4, 1983, and your response of September 13, 1983, regarding our notice of violation of applicable regulations for a shipment of radioactive waste received at the Che=~ Nuclear burial facility, and assessment of a corresponding civil penalty. ,

We have reviewed the inforraation provided in this matter and have reconsidered cur original decision. Based upon your respcnsive-ness and the circumstancer of the event, we hereby withdraw the citation and reccind the civil penalty.

However, we vill maintain close observation of future shipments and aniticipate strict compliance with all applicable regulations and requirements.

Should you have any further questions, please do not hesitate to contact me or Virgil R. Autry.

Very truly yours, I

l H W ard#/

G. Shealy, thief Bureau of Radiological Eealth HGS:kn .

cc Mr. Al Gibson, USNRC, Region II l