ML20135F284

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Notice of Violation from Insp on 961025-1125.Violation Noted:No Smear Tests or General Area Contamination Surveys Were Conducted Prior to Experiments Using Subcritical Assembly
ML20135F284
Person / Time
Site: 07001374
Issue date: 12/09/1996
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20135F279 List:
References
70-1374-96-01, 70-1374-96-1, NUDOCS 9612120477
Download: ML20135F284 (2)


Text

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0 ENCLOSURE NOTICE OF VIOLATION Idaho State University Docket No.: 70-01374 Pocatello, Idaho License No.: SNM-1373 During an NRC inspection conducted from October 25 to November 25,1996, two violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violations are listed below:

A. Condition 9 of License SNM-1373 states, in part, that licensed materials shall be used in accordance with the statements, representations, and conditions specified in the application dated March 13,1991, and supplements dated June 8, July 1, and July 13,1992.

1. Page 10 of the application dated March 13,1991, after incorporation of the supplements dated June 8, July 1, and July 13,1992, states, in part that 10 percent of the fuel plates will be tested using the standard smear test for alpha contamination prior to each experiment and at normalinventories. In addition, uranium foils will be tested in conjunction with the fuel plates, and a general area contamination survey of Room 23 will be performed in l conjunction with the fuel plate and foil surveys.

Contrary to the above, on October 6,1995, and on February 26,1996,no smear tests or general area contamination surveys were conducted prior to experiments using the subcritical assembly.

This is a Severity Level IV violation (Supplement VI).

2. Page 5 of the application dated March 13,1991, after incorporation of the supplements dated June 8, July 1, and July 13,1992, states, in part that Varada P. T. Charyulu, Ph.D, Dean of the School of Engineering; Albert E.

Wilson, Ph.D., Professor of Engineering, Reactor Supervisor; and Dewitt T. Neill, Ph.D., Professor of Engineering, Radiation Safety Officer; are the members of Idaho State University who will have direct responsibility for the operation of the subcritical assembly.

1 Contrary to the above, individuals other than those stated above currently hold the positions of Dean of the School of Engineering, Reactor Supervisor, and Radiation Safety Officer,

) This is a Severity Level IV violation (Sup.olement VI).

1 l Pursuant to the provisions of 10 CFR 2.201, Idaho State University is hereby required to d

submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, l ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional i 4

9612120477 961209 PDR ADOCK 07001374

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i 2-Administrator, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, 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 Violation" and should include for each l 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 achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full J compliance will be achieved Your response may reference or include previous docketed correspondence, if the cor,4;pondence adequately addresses the required response. If an l adequate reply is not received within the time specified in this Notice, an order or a l Demand for Information may be issued as to why the license should not be modified, i

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.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b)to support a request for withholding confidential commercial or financialinformation). If safeguards information is necessary to provide an acceptable response, please provide the

, level of protection described in 10 CFR 73.21.

Dated at Arlington, Texas this 9th day of December 1996

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