ML20127A002
| ML20127A002 | |
| Person / Time | |
|---|---|
| Issue date: | 09/14/1981 |
| From: | Thompson D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Alderson C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| Shared Package | |
| ML20127A006 | List: |
| References | |
| FOIA-85-3 EA-81-076, EA-81-76, EGM-81-29, NUDOCS 8110140479 | |
| Download: ML20127A002 (1) | |
Text
f,'., 1 UNITED STATES 3 ^,s,4. ,g { . NUCLEAR REGULATORY COMMISSION c .; 4 /,#j wassinoitu. o. c.:csss -
% ,[# SEP 14 193I d
EA 81-76 EGM81-29g/ d 6 V
MEMORAUNDUM EOR: Carl E. Alderson, Director Enforcement and Investigation, Region II j'. .
FROM: - Dudley Thompson, Director Enforcement and Investigations, IE i
SUBJECT:
PROPOSED ACTION - ELORIDA POWER AND LIGHT COMPANY This 'is to document our agreement with the proposed course of action in this
~
case as set forth in your September 2,1981 memorandum (copies furnished earlier to Regional Enforcement Coordinators). Our agreement is primarily based on the 00T interpretation of 49 CFR 173.392(d), shipment of bulk LSA caterial, that states, "any packaging of your choice may be used, provided there is compliance with all requirements of S173.392(d)." The D07 interpretation is stated in their letter to the licensee dated May 4,1981, attached.
Whether or not shipment records indicate that individual drums were the intended containers is not relevant here because of DOT's interpretation.
Further, the licensee's ex ost facto determination that the material shipped met the requirements for711 . 9 EdoJ has precedent, in that in an earl.ier enforcement case, Jersey Central Power and Light. Company, determined by analysis after the fact that liquid leaking from ~a container was not
. radioactive and there was no leakage from inner packages containing
. radioactive material. The JCPL violation was later withdravn. ,
ley
.?r son, Director -
Enforcement and Investigations, IE
Enclosure:
RII memo, with encl.
p w/ encl:
/H. Thornburg T. Brockett N. Moseley J. Metzger T. Harpster R. Carlson, RI, w/o encl.
J. Lieberman .J. Streeter, RIII ~
R. Wessman J. Gagliardo, RIV G. Barber A. Johnson, RV -
'. fll9/j 'wji g
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