ML20128A842

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $50,000.Noncompliance Noted:On 920922 Licensee Retrieved & Handled Startup Source Holder Containing Source That Was Neither Properly Labeled Nor Identified on Record

ML20128A842
Person / Time
Site:	Brunswick
Issue date:	01/21/1993
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20128A810	List: ML20128A807 ML20128A842
References
EA-92-217, NUDOCS 9302020328
Download: ML20128A842 (3)

Text

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4 NOTICE OF VIOLATION AND PROPOSED IMPOSITION civil PENALTY Carolina Power and Light Company Docket No. 50-324 Brunswick Steam Electric Plant License No. DPR-62 Unit 2 EA 92-217 During an NRC inspection conducted on September 23-28, October 26-30, and November 12, 1992, violations of NRC requirements were identified. In accordance with the " General Statement of Poiicy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (57 FR 5791, February 18, 1992), the Nuclear Regulatory Commission proposes to impose a civil penalty 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 violations are set forth below:

A. 10 CFR 20.203(f), " Containers," requires, in part, that (1) except as provided in paragraph (f)(3) of this section, each container of licensed material shall bear a durable, clearly visible label identifying the radioactive contents. Paragraph (f)(3) specifies, in part, that notwithstanding the provisions of paragraph (f)(1), labeling is not required for containers which are accessible only to individuals authorized to handle them, or to work in the vicinity thereof, provided that the contents are identified to such individuals by a readily available written record.

Contrary to the above, on September 22, 1992, the licensee retrieved and handled a startup source holder containing a 5.4 Curie americium-241 source from the Unit 2 Spent fuel Pool that was neither properly labeled nor identified on a readily available written record.

B. 10 CFR 20.201(b) requires that each licensee shall make or cause to be made such surveys as (1) may be necessary for the licensee to comply with the regulations in this part, and (2) are reasonable under the circumstances to evaluate the extent of radiation hazards that may be present.

Contrary to the above, on September 22, 1992, the licensee failed to perform surveys that were reasonable under the circumstances to evaluate the extent of radioactive hazards that were present prior to cutting a startup source holder that may have contained a startup source and was later determined to contain a 5.4 Curie americium-241 source.

This is a Severity Level 111 problem (Supplement IV).

Civil Penalty $50,000 Pursuant to the provisions of 10 CFR 2.201, Carolina Power and Light Company is hereby required to submit a written statement or explanation to the U.S.

Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region II, and a copy to the NRC Resident Inspector at the Brunswick Steam Electric Plant, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of 9302020328 930121 PDR ADOCK 05000324 G PDR

Notice of Violation Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achiaved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time. Under the authority of Section 182 of the Act, 42 U.S.C.

2232, this response shall be submitted under oath or affirmation. E 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 addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer 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 Regula-tory Commission. Should the Licensee fail to answer within the time speci-fied, 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 De 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 extenuating 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 in whole or in part, such answer may request remission or mitigation of the civil penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of 10 CFR Part 2, Appendix C (57 FR 5791, February 18,1992),

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 deter-mined 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, 42 U.S.C. 2282(c).

Notice of. Violation -

The response noted above (Reply to Notice of Violation, letter with payment '

of civil penalty, and Answer to a Notice of Violation) should be addressed to:- Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,

' ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II, and

, a copy to the NRC Resic .c Inspector at the Brunswick Steam Electric Plant.

Dated at Atlanta, Georgia this13Fday of January 1993

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