ML20150F901
| ML20150F901 | |
| Person / Time | |
|---|---|
| Issue date: | 03/29/1988 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| To: | Heike P AFFILIATION NOT ASSIGNED |
| References | |
| FOIA-88-139 NUDOCS 8804060068 | |
| Download: ML20150F901 (2) | |
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INFORMATION ACT (FOlA) REQUEST MAR 2 91988 e
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REOutsTER Mr. Paul R. Heike PART 1.-RECORDS RELEASED OR NOT LOCATED ISee cAacked bones)
No agency records avbrect to the request have been located No additonal agency records svbr ct to lhe request have been located.
e Agency records subr ct to the request that are contifed in Apperda a'e already ava4able for pu%c scopecten and copeng m the NRC Public Document Room, e
1717 H Street, N.W., Washegton, DC.
Agency records subrect to the request thM are identrfed e Appendia A
a,e bemg made a,saabie fo, pome especten and copyme e tre NRC Pv%c Document X
Room,1717 H Street. N W., Washmgton, DC, e a folder under the FOiA numrer and requester name The nonpropretary verson of the proposaftsi that you ag eed to accept m a tesophone conversaton noth a member of my staM e now bem made avaiable for pupc kepecten and coysng at the NRC Pv%C Documeet Room. "17 H Street. N W. Washegton. DC, e a foeder wreer the FotA number and requester name.
X Enctooed a mformaton on how you may obtam access to ar.d the charges for copymg records piaced e the NRC Pv%c Document Room.1717 H Street N W., Washmgton, DC.
Agency records subst to the rnvest s's exiosed Any appikabte charge for copies of the enoros provided and payrrent procedu es are noted m the comm+nts secton r
Records sobrect to the request have been re er'ed to another Federal age 6cytesl for reven and d. rect response to you s
in vow of NRC's response to tNs request. no further acton a bemg taken on appeal letter cated PART ll A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certan eformaton m the reques.ed records e being *<thheld from pupc $sclosure pursuant to the FOIA enemptons descobed e and for the reasons stated it, Part H, sec-tons B. C. anc D. Ar'y redessed v>rtons cf the documents fo *Ncb only part of the record a being w thheld are being made avadable for pu%c mapute, and copymg m the NRC Pw%c Document Room.1717 H Street. N W., Washmgton. DC. m a fokser under tNs FOIA number and requester reme Comments 8 880329 EIKEBB-039 PDR si iyat. 0*ECTom Divts utts aso maconos
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FOIA-88-139 APPENDIX A
RECORDS MAINTAINED IN THE PDR UNDER THE ABOVE REQUEST NUMBER NUMBER DA3 DESCRIPTION 1.
3/30/82 Letter to Brantley from DeYoung enclosing Notice of Violation and Proposed Imposition of Civil Penalties.
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UNITED CTATES g
- j NUCLEAR REGULATORY COMMISSION rs WASHINC TON, D. C. 20555
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MAR 3 0 1982 Docket No. 30-4581 License No. 20-00320-13 j
(A 82-28 New England Nuclear Corporation ATTH:
Dr. J. C. Brantley Vice President for Administration 575 Albany Street Boston, Massachusetts 02118 Gentlemen:
On October 8,1981, you notified the NRC Region I (King of Prussia active contamination of your property and public highwa
, Pennsyl-during the evening of October 8.our Region 1 Office were immediately Representatives of hazard and protect the health and safety of your workers and the pu special safety inspection was conducted on October
,a tion and Proposed Imposition of Civil Penalties enclo 8-9, 1981.
The violations o a-letter.
Discussions of the inspection findings were held between you o this of your staff, and Mr. Kinneman of our Region 1 Of fice at the conclusi
, members inspection on October 9, 1981.
h21d at the Region I Office between you, members of yo rence (Administrator, Region I), and members of his staff on November 18, Ronald C
, 1981.
The results of the special inspection indicat'e that two containers in a sh of phosphorus-32 waste between your Boston and Billerica, Massach pment i
on October 7, 1981 were foproperly packaged.
in leakage of the phosphorus-32 and contamination of public highwaysTh s
event did not cause a significant hazard to the health and safety of the pu This but the potential for such' hazard did exist.
ago and appropriate action was taken to assess the hazard to the public protect your employees, a required immediate report of this incident was not cade to the NRC.
because it allows NRC the opportunity to promptly assess appropriate corrective action.
ensure i
/ CERTIFIED MAIL 1 RETURN RECEIPT. REQUESTED N
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I MAR 3 01932 New England Nuclear Corporation,
In order to emphasize the need for the proper packaging of radioactive materia and the necessity for timely reporting of incidents, we propose to impose civil penalties on New England Nuclear Corporation in the cumulative amount of Three Thousand Six Hundred Dollars for the two violations identified in the enclosed Notice of Violation.
These violations have been categorized at the severity levels described in the NRC Enforcement Policy published in the Federal Register 47 FR 9987 (March 9, 1982).
Violation A, loss of package integrity resulting in F surface contamination in excess of ten times the Department of Transportation i
limits,is. classified as a Severity Level I violation; Violation B, a delay of approximately one day between the identification of the incident and reporting it to the NRC, is classified as a Severity Level II violation.
The amount of the civil penalties proposed conforms with the NRC Enforcement Policy for the severity level and type of licensee.
You are required to respond to the Appendix and, in preparing your response, you should follow the instructions specified in the Appendix.
Your response to this letter and Appendix and your corrective actions will be considered in determining i
whether additional enforcement actions are warranted.
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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 the enclosure will be placed in the NRC's Public Document Room.
The responses directed by this letter and the 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.
rYSYn ' Signed By R. C. DeYoung' Richard C. DeYoung, Director Office of Inspection and Enforcement
Enclosure:
Appendix, Notice of Violation and Proposed Imposition of Civil Penalties cc:
U.S. Department of Transportation ATTN:
Mr. John J. Whalen - ORMC50 Leo W. O'Brien Federal Building Room 729 Albany, New York 12207 1
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a APPENDIX i
NOTICE OF VIOLATION AND PROPOSED IMPOSITIOR DF CIVIL PENALTIES New England Nuclear Corporation License No. 20-00320-13 Boston, Massachusetts 02118 EA 82-28 On October 8,1981, New England Nuclear Corporation notified the NRC Region I (King of Prussia, Pennsylvania) Office that a shipment of phos had leaked, causing radioactive contamination of the licensee'phorus-32 waste and public highway.
licensee's facility to review the licensee's actions to assess created and to protect the health and safety of employees and the public followi the event.
These actions were found to be adequate.
Following this asses.cment, a special safety inspection was conducted.
i Two violations of NRC requirements were identified.
The first was the failure to properly package radioactive material before shipnent.
this improperly packaged material leaked, contaminating the pu Although, in this instance, the contamination was evenly distributed and did potential for such hazard did exist.not cause a significant hazard to the healt i
mately one day between the identification of the incident and the report
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NRC.
The NRC is particularly concerned about the second violation because timely reporting is necessary for the NM " be able to assess hazards to the h2alth and safety of the public and lisr actions to control such hazards.
4 In order to emphasize the need for pro o packaging of radioactive material and the necessity for timely reporting of incidents, the Nuclear Regulatory Commission s
proposes to impose civil penalties in the cumulative amount of Three Thousand Six Hundred Dollars for this matter.
of 1954, as amended, ("Act"), 42 U.S.C. 2282, PL 96-295 violations have been categorized in accordance with the NRC Enforcement The (10 CFR Part 2, Appendix C), 47 FR 9987 (March 9,1982).
violations and associated civil penalties are set forth below:The particular A.
10 CFR 71.5(a) requires that each licensee transport licensed material h.
in accordance with 49 CFR Parts 170-189.
.o 49 CFR 173.392(c)(1) requires that low specific activity materials be.
packaged in strong, tight packages so that there will be V
49 CFR 173.397 requires that, when radioactive material packages are--
consigned as exclusive use, removable contamination of beta gamma emitting radionuclides not exceed 0.01 microcuries (22,000 disintegrations per minute) per 100 square centimeters.
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Appendix (continued) '
Contrary to the above, on October 7,1981, New England Nuclear Corporati transported, from Boston, Massachusetts to Billerica,. Massachusetts lice material (low specific activity material consigned as exclusive use) in two containers which were not strong, tight packages.
One container was missing a required gasket and the other container had a hole at the bot These defects resulted in surface contamination that produced radiation levels greater than one rad per hour at the package surface when measured upon arrival at Billerica.
These radiation levels indicate ' contamination '
levels in excess of 0.1 microcuries per 100 square centimeters, which is ten times the regulatory limit.
This is a Severity level I violation (Supplement V) i, Civil Penalty - $2,000 g
yr B.
10 CFR 20.205(b)(2) requires that each licensee immediately notify the appropriate Nuclear Regulatory Commission Inspection and Enforcement Regional Of fice when removable radioactive contamination in excess of 0.01 micro-curies (22,000 disintegrations per minute) r-r 100 square centimeters of package surface is found on the external surfaces of a package received.
Contrary to the above, New England Nuclear Corporation failed to immediately
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notify the Nuclear Regulatory Commission Region I Office when removable i
radioactive contamination in excess of the stated limit was found, in the af ternoon ef October 7,1981, on the external surfaces of packages received at the licensee's Billerica, Massachusetts facility.
The notification was not immediate in that it was not made until approximately 1:00 p.m. on October 8,1981, approximately twenty four hours af ter the licensee became aware of the radioactive contamination.
Tnis is a Severity Level II violation (Supplement V)
Civil Penalty - $1,600 Pursuant to the provisions of 10 CFR 2.201, New England Nuclear Corporation is hereby required to submit to this office within thirty days of the date of this Notice, a written statement or explanation including 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 aill be taken to avoid further violations; and (5) the date when full compliance will be achieved.
Consideration may be given t'o extending the response time for good cause shown.
Under the i
authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or af firmation.
Within the same time provided for the response required above under 10 CFR 2.201, New England Nuclear Corporation may pay the civil penalties in tha cumulative amount of Three Thousand Six Hundred Dollars or may protest imposition of the civil penalties in whole or in part by a written answer.
Should New England Nuclear Corporation fail to answer within the time specified, this office will issue an order imposing the civil penalties in the amount proposed above.
Should II-4 I
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O Appendix (continued) ri New England Nuclear Corporation elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalties, such answer may (1) deny the violations j
listed in this Notice in whole or in part; (2) demonstrate extenuating circum-stances; (3) show error in this Notice; or (4) show other reasons why the penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer may request remission or mitigation of the penalties.
In requesting mitigation of the proposed penalties, the five factors contained in Section IV.8 of 10 CFR Part 2, Appendix C 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 by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. l New England Nuclear Corporation's attention is directed to the other provisions of 10 CFR 2.205 regarding the procedure for imposing a civil penalty, j
Upon failure to pay any civil penalties due, which have been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this j
matter may be referred to the Attorney General, and the penalties, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.
FOR THE NUCLEAR REGULATORY COMMISSION l
y Richard C.
- ung, rector Office of I s ectio and Enforcement Dated at Bethesda, Maryland this 30 day of March 1982 b
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