ML20148Q905

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $12,500 from Insp on 871005-09 & 19-23. Violations Noted:Individual Working in Restricted Area Not Instructed in Procedures to Perform Enrichment Hood Cleanup

ML20148Q905
Person / Time
Site:	07001100
Issue date:	01/25/1988
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20148Q900	List: ML20148Q905
References
EA-87-195, NUDOCS 8802010236
Download: ML20148Q905 (6)

Text

a NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Combustion Engineering, Inc. Docket No. 70-1100 C-E Power Systems Nuclear Fuel Manufacturing License No. SNM-1067 EA 87-195 During an NRC inspection conducted on October 5-9 and 19-23, 1987, violations of NRC requirements were identified. In accordance with the "General Sta' int of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appe u.x C (1987), 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 and associated civil penalty are set forth below:

A. Special Nuclear Material License No.1067 (SNM-1067), Part 1, License Condition, Section 3.2.8.1, "Contamination Surveys" requires that for Pellet Shop Building #17 removable alpha contamination of 10,000 dpm per 100 square centimeters be immediately cleaned up.

Contrary to the above, from September 15, 1987 to October 23, 1987, plant alpha contamination levels were identified in certain locations of the pellet shop to be as high as 160,000 dpm per 100 square centimeters, and the contamination was not cleaned up.

B. 10 CFR 20.103(b)(1) requires that the licensee, as a precautionary procedure, use process or other engineering controls, to the extent practicable, to limit concentrations of radioactive materials in air to levels below those which delimit an airborne radioactivity area as defined in 20.203(d)(1)(ii).

Contrary to the above, from August 12, 1987 to October 23, 1987, process or other engineering controls were not used to the extent practicable to limit concentrations of radioactive materials in air in the pellet shop.

These controls were deficient in that certain equipment associated with the manufacturing of pellets (such as hoses), which are designed to confine the uranium oxide to the ventilated enclosures that contain the pellet presses, were not adequately maintained, resulting in leakage of uranium in the pellet shop.

C. 10 CFR 20.103(a)(3) requires, in part, that the licensee, for purposes of determining compliance with 10 CFR 20.103, use suitable measurements of concentrations of radioactive materials in air for detecting and evaluating airborne radioactivity in restricted areas.

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Notice of Violation Contrary to the above, from August 12, 1987 to October 23, 1987, suitable measurements were not made of the concentrations of radioactive materials in the air for detecting and evaluating airborne radioactivity in the pellet shop, a restricted area, in order to determine compliance with 10 CFR 20.103, in that the samples taken were not representative of the air breathed by the employees.

D. 10 CFR 20.103(a)(3) requires, in part, that the licensee, as appropriate, use measurements of radioactivity in the body, measurements of radioactivity excreted from the body, or any combination of such measurements as may be necessary for timely detection and assessment of individual intakes of radioactivity by exposed individuals.

Contrary to the above, on August 12 and September 26, 1987, air samples taken indicated that a potential existed for intake of radioactive materials by workers, and appropriate measurements of r:dioactivity in the body, measurements of radioactivity excreted from the body, or any combination of such measurements were not made as necessary in each case to ensure timely detection and assessment of individual intakes or radioactivity.

Specifically,

1. On August 12, 1987, the licensee determined, based on the air sample measurements in the pellet shop, that eleven individuals received between 21 and 68 maximum permissible concentrations (MPC) hours, and only urinalysis for insoluble uranium oxide was performed on these individuals rather than a whole body count and/or fecal analysis which would have been necessary in these circumstances to assess the individuals' intakes; and

2. On September 26, 1987, the licensee determined, based on air sample measurements, that an individual received about 38 MPC hours, and only urinalysis for insoluble uranium oxide was performed on this individual I

rather than a whole body count and/or fecal analysis which would have been necessary in these circumstances to assess the individual's intake.

l E. 10 CFR 20.103(c) specifies, in cart, that when respiratory protective equipment is used to limit the inhalation of airborne radioactive material, the licensee may make allowance for this use of respiratory protective equipment in estimating exposures of individuals to this

, material, provided that the licensee satisfies certain conditions, l

including maintaining and implementing a respiratory protection program l which includes certain elements set forth in 10 CFR 10.103(c)(2) and (3) including: surveys and bioassays as appropriate to evaluate actual exposures; written procedures regarding supervision and training of personnel; and written procedures regarding selection, fitting, and maintenance of respirators, and issuance of a written policy statement on respirator usage, i

l Contrary to the above, as of October 21, 1987 and for an indeterminate I period of time prior to that date, respiratory protective equipment was i used to limit the inhalation of airborne radioactive material and an l allowance was made for this use in estimating exposures, but the respiratory protection program did not include the following elements required by 10 CFR 20.103(c)(2), and (3):

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Notice of Violation a. adequate bioassays and other surveys, as appropriate, to evaluate individual exposures and to assess protection;

b. written procedures for training of personnel in the proper use of respiratory protective equipment;

c. written procedures for properly fitting respiratory protection devices to individeals; and

d. issuance of a written policy statement on respirator usage.

F. 10 CFR 20.201(b) requires that each licensee make such surveys as may be necessary to comply with the regulations in Part 20, and are reasonable under the circumstances to evaluate the extent of radiation hazards that may be present. As defined in 10 CFR 20.201(a), "survey" means an evaluation of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a specific set of conditions.

Contrary to the above,

1. surveys were not made to assure compliance with 10 CFR 20.103(a),

which limits the exposure of individuals to concentrations of radioactive materials in air in restricted areas, in that:

a. On Saptember 26, 1987, an evaluation was not made of the radio-logical hazards existing at the Pellet Press No. 1 enrichment hood to ensure that a worker assigned to perform an enrichment clean-up on the highly contaminated equipment was provided with appropriate protective equipment.

b. As of October 23, 1987, evaluations of the radiological hazard to workers drinking water in the Pellet Shop from two water fountains contaminated with radioactive material had not been made until after decontamination of the fountains.

2. On October 23, 1987, an adequate survey was not made to assure compliance with 10 CFR 20.103(a) to evaluate the extent of hazards present when individuals and equipment exited the Pellet Shop, in that the frisker used to detect the presence of contamination on individuals and equipment exiting the Pellet Shop was malfunctioning.

G. SNM-1067, Part 1, License Condition, Section 2.7.2, "Operating Procedures for Nuclear Fuel Manufacturing" states, in part, that all operations involving radioactive materials shall have written procedures which shall include the appropriate safety requirements and which shall be followed.

Section 3.1.1, "Radiation Work Permit Procedures" states, in part, that written operating procedures for the Health and Safety group are provided and followed.

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Notice of Violation Contrary to the above, as of October 23, 1987, the Health and Safety group was not provided with certain procedures that were necessary to implement the radiation protection program. Specifically, no written procedures were provided for several radiological safety activities including the requirements for writing Radiation Work Permits as required by SNM-1067, section 3.1.1; for implementing the respiratory protection program as required by 10 CFR 20.103(c); for implementing a bicassay program as required by 10 CFR 20.103(a)(3); or for sampling liquid waste tanks as required by 10 CFR 20.106(c)(7).

H. 10 CFR 19.12 requires that all individuals working in a restricted area be instructed in the precautions and procedures to minimize exposure to radiation and radioactive materials, and in the applicable provisions of the Commission's regulations and licenses.

Contrary to the above,

1. On September 26, 1987, a individual working in a restricted area was not instructed in the procedures and precautions necessary to perform the enrichment hood clean-up, and to minimize an intake of concentrations of radioactive material.

2. As of October 23, 1987, individuals working in the Pellet Shop, a restricted strea, had not been instructed in the purposes and functions of protective devices (i.e. , respiratory protective equipment), or in proper frisking techniques to minimize their exposure to radioactive materials.

I. 10 CFR 19.11 (a) requires in part that each licensee post ary notice of violation involving radiological working conditions, and any licensee response to the Notice.

Contrary to the above, as of October 23, 1987, neither the Notice of Violation sent to the licensee on May 26, 1987 with NRC Inspection Report No. 70-1100/87-01, nor the licensee's response, dated June 17, 1987, to the Notice, had ever been posted.

J. 10 CFR 20.401(b) requires in part that each licensee maintain records showing the results of surveys required by 10 CFR 20.201(b).

Contrary to the above, as of October 23, 1987, records of surveys for an incoming damaged fuel assembly on April 6, 1987 and of surveys to support the RWP which controlled the work on the fuel assembly on April 7, 1987 were not maintained in accordance with 10 CFR 20.401(b).

Collectively, these violations have been categorized as a Severity Level III problem (Supplement IV).

Cumulative Civil Penalty - $12,500 assessed equally among the violations.

Notice of Violation Pursuant to the provisions of 10 CFR 2.201, Combustion Engineering, Inc. is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each alleged violation:

(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may ue proper should not be taken. Consideration may be oiven to extending the response time for good cause shown. Unde" the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shal' be submitted under oath or affirmation.

Within the same time as orovided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil p.nalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Direc-tor, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accord-ance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may: (1) deny the violation (s) 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, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1987), should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately l from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 re, sly 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-l mined in accordance with the applicable provisions of 10 CFR 2.205, this matter j

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. 2282c.

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Notice of Violation The responses to the Director, Office of Enforcement, noted above (Reply to a 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, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, for the appropriate Region, and, if applicable, a copy to the NRC Resident Inspector, at the facility which is the subject of this Notice.

FOR THE NUCLEAR REGULATORY COMMISSION

/(AJLLG-T William T. Russell W

Regional Administrator Dated at King of Prussia, Pennsylvania this pf day of January 1988 4

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