ML20125B526

Forwards Insp Repts 50-269/85-03,50-270/85-03 & 50-287/85-03 on 850211-0310 & Notice of Violation.Civil Penalty Not Proposed Due to Prior Good Transportation Record & Util Decisive Corrective Action

ML20125B526
Person / Time
Site:	Oconee
Issue date:	06/06/1985
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Tucker H DUKE POWER CO.
Shared Package
ML20125B529	List: IR 05000211/2003010 ML20125B526 ML20125B547
References
EA-85-056, EA-85-56, NUDOCS 8506110444
Download: ML20125B526 (2)

See also: IR 05000211/2003010

Text

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JUN 0 61985 Dcs

Duke Power Company

ATTN: Mr. H. B. Tucker, Vice President

Nuclear Production Department

422 South Church Street

Charlotte, NC 28242

Gentlemen:

SUBJECT: NOTICE OF VIOLATION: EA 85-56

RADI0 ACTIVE MATERIAL TRANSPORT

(INSPECTION REPORT NOS. 50-269/85-03, 50-270/85-03, AND 50-287/85-03)

A safety inspection of activities authorized by the Nuclear Regulatory Commission

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(NRC) Operating License Nos. DPR-38, DRP-47, and DPR-55 for the Oconee facility

was conducted by this office during the period of February 11 - March 10, 1985.

The-inspection included a review of the circumstances surrounding inadequate

package preparation for shipping of radioactive material. As a result of this

inspection, significant failures to comply with NRC regulatory requirements were

identified, and accordingly, an Enforcement Conference to discuss this matter was

held in the' Region II office on March 26, 1985.

The violation associated with this event involved a failure to adequately prepare

a radioactive shipment. Your representatives stated, during the Enforcement-

-Conference on March 26, 1985, that the cause of this event was a judgmental

error in installing only 6 of 14 clamps to secure the cover to the shipping

container. As a result of this failure, the top of the shipping container came-

off during-transport. There was no release of radioactivity from this event.

The NRC is concerned that this violation of regulatory requirements could have

resulted in contamination levels outside the package in excess of NRC limits.

In accordance with the " General Statement of Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (1985),.the violation described in the enclosed Notice

has been classified at a Severity Level III. Normally, a civil penalty is

considered for a Severity Level III violation. However, after consultation with

the Director, Office of Inspection and Enforcement, I have decided that a civil

-penalty will not be proposed in.this case because of your prior good transportation

history and the fact that Duke Power Company discovered and reported this event,

, promptly investigated the circumstances of this event, and took decisive corrective

action to preclude its sacurrence.

You are required to respond to the enclosed Notice and should follow the

instructions specified therein when preparing your response. Your response

should'specifically address the corrective actions taken or planned with regard

to ensuring that future packaging and shipment of containers of radioactive

8506110444 850606

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Duke Power Company 2 JUN O 61985

materials are properly installed and secured and are free of defects. In your

response, appropriate reference to previous submittals is acceptable. After

reviewing your response to this Notice of Violation, including your proposed

corrective actions, the NRC will determine whether further NRC enforcement action

is necessary to ensure compliance with NRC regulatory requirements.

In accordance with 10 CFR 2.790 of-the NRC's " Rules of Practice," Part 2,

Title 10, Code of Federal Regulations, a copy of this letter and its enclosures

will be placed in-the NRC's Public Document Room.

The responses. directed by this letter and accompanying Notice are not subject to

.the clearance procedures of the Office of Management and Budget as required by

the Paperwork Reduction Act of 1980, PL 96-511.

Should you have any questions concerning this letter, please contact us.

Sincerely,

ORIGWAL 3'G'ED BY!

j.NELS0i!GMCE

J. Nelson Grace

Regional Administrator

Enclosures:

1. Notice of Violation

2. Inspection Report Nos. 50-269/85-03,

50-270/85-03, and 50-287/85-03

cc w/encls:

M. S. Tuckman, Station Manager

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