ML20151F029

Discusses Insp Repts 50-128/88-01 & 50-128/88-03 on 880307- 09 & 0411-12 & Forwards Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $5,000.Violations Indicate Failure to Exercise Adequate Mgt Control

ML20151F029
Person / Time
Site:	05000128
Issue date:	07/13/1988
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Richardson H TEXAS A&M UNIV., COLLEGE STATION, TX
Shared Package
ML20151F031	List: ML20151F029 ML20151F038
References
EA-88-092, EA-88-92, IEIN-81-26, IEIN-83-59, IEIN-86-044, IEIN-86-44, NUDOCS 8807260311
Download: ML20151F029 (4)

See also: IR 05000128/1988001

Text

...

,

[

UNITED STATES ,

yx ),9 i NUCLEAR REGULATORY COMMISSION

g . '-l REGION IV

611 HYAN PLAZA DE E, SUITE 1000

sg /

)

,, , ARLINGTON. TEXAS 76011

J1.I31988

Docket-No. 50-128

License No. R-83

EA 88-92

Texas A&M University ,

ATTN: Dr. Herbert H. Richardson, Director

Texas Engineering Experiment Station

College Station, Texas 77843

Gentlemen:

SUBJECT: NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY (NRC

INSPECTION REPORTS 50-128/88-01 AND 88-03)

This refers to the inspections conducted'by Mr. H. D. Cheney of this office

during March 7-9 and April 11-12, 1988, at the Nuclear Science Center. During

these inspections, several violations were identified. The violations were

discussed at an enforcement conference on April 5, 1988, at the NRC Region IV

office and on April 12, 1988, at the exit meeting following the April 11-12

inspection.

The violations identified during the inspections included the failure to

provide appropriate personnel monitoring equipment-and proper placement of

personnel monitoring equipment, failure to establish proper control for high ,

radiation areas, and failure to provide radiologicci instructions to personnel

working in a restricted area. As part of the inspections, we reviewed the

circumstances surrounding a possible overexposure reported to the NRC on

December 10, 1987. Although your subsequent evaluation did not establish that

an actual overexposure to the individual occurred, the NRC inspections

uncovered evidence of sh,ortcomings in your programs to guard against such

occurrences. The violations are of significant concern to the NRC because,

collectively, they indicate that there has been a failure to exercise adequate

management oversight and control of the radiation protection program at the

Nuclear Science Center.

To emphasize the need to improve radiation protection control, I have been i

authorized, after consultation with the Director, Office of Enforcement, and j

the Deputy Executive Director for Regional Operations, to issue the enclosed

Notice of Violation and Proposed Imposition of Civil Penalty in the amount of

Five Thousand Dollars ($5000) for the violations described in the enclosed

1

i

I

i

CERTIFIED MAIL  !

RETURN RECEIPT REQUESTED

0807260311 880713 sik

i,

{DR ADOCK0500g8

-)

.

. . ... .

.

Texas A&M University -2- '

,

Notice. In accordance with the "General Statement of Polic and Procedure for

NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988) y(Enforcement

Policy), the violations described in Section I of the enclosed Notice have

been collectively categorized as a Severity Level III violation.

The base value of a civil penalty for a Severity Level III violation is'$2500.

,

The escalation and mitigation factors is the Enforcement Policy were

considered. The base civil penalty amount has been increased by 100 percent

because of prior notification given to you, multiple examples of the

v'iolations, and the duration of the violations, notwithstanding your prior good

enforcement history. These violations existed for approximately four months

and were not discovered by your radiation protection personnel. Given the

number of opportunities available to. identify and correct the violations, added

..

significance has been given to the duration of the violations. During this

perioC there were at least seven examples where individuals were not given

sufficient training. In addition, there have been three NRC_Information

Notices issued since 1981 that should have alerted you to the need for

edditional controls for work in high radiation areas and non-uniform radiation

fields. The three NRC Information Notices are: IN 86-44, "Failure to Follow

Procedures When Working in High Radiation Areas," IN 83-59, "Dose Assignment

for Workers in Non-Uniform Radiation Fields," and IN 81-26, "Placement of

Personnel Monitoring Devices for External Radiation Exposure."

'

In addition,Section II of the Notice of Violation includes a violation for

which no civil penalty is being proposed. This violation, which involves your

failure to perform a safety evaluation for a modification to a drain line from

a radioactive liquid effluent storage tank, has been categorized as a Severity .

Level IV vie'ation.

You are required to respond to this letter and should follow the instructions

specified in the enclosed Notice when preparing your response. In your

response, you should dccument the specific actions taken and any additional

actions you plan to prevent recurrence. After reviewing your response to this

Notice, incicding your proposed corrective actions and the results of future

inspections, the NRC will determine whether further NRC enforcement action is

necessary to ensure compliance with NRC regulatory requirements. j

The inspection findings documented in Section 2 of NRC Inspection Report 50-128/

88-01 also indicated several significant program weaknesses, which were

documented as open items in the report. The NRC is concerned that, if action

is not taken to review and close out these items, future violations could ,

occur. Therefore, you are requested to submit a written statemert, within j

30 days of your receipt of this letter, describing your action f a each I

significant

including: p(rogram weakness identified as an open iten in the report 1) steps wh

(3) a ichedule for completion of action.

l

l

l

l

1

. _ _ _ _ _ _ _ _ _

..

.

.. ..

.

Texas A&M University -3-

In accordance with Section 2.790 of the NRC's "Rules of Practice," Part 2,

Title 10, Code of Federal Regulations, a copy of this letter and its enclosure

will be placed in the NRC Public Document Room.

The responses directed by this letter and the enclosed Nctice are not subject

to the clearance procedures of the Office of Panagement and Budget as required

by the Paperwork Reduction Act of 1980, Pub. L. No.96-511.

Sincerely,

n

.

fl1 D. Martin

egional Administrator

Enclosure:

Notice of Violation and Proposed

Imposition of Civil Penalty

cc: Texas Bureau of Radiation Control

1

)

-

_

- -

, r:

• , ,

'

\ 8 - .%.

.w.'

. #,l.g *. .

gyg3 fog - 11: 3e, tEC H1 lM!TE Fl.ItEF Bl.EG.

'

033, . .. ..

-

,

,

s

JL l31988

,-

Texas A 2 University '

DISTRIBUTION

bec w/ enc F

PDR

SCCY

CA

JMTaylor, DEDA0

lyur)ey,NFR -

' JLiebeman. OE

? *iandler, DGC

f.:,fercoment Officers

PI, A!!, RI!!, RV '

3Denton OGPA

EJerdan,AE00

8 Hayes, Of

5Connetly. 0!A. '

CE ES File ,

OE:EA Ffle

B3ussners, OE (1tr hd)

RSTS Operator

-DCS (IE14)3

R!Y Distribution:

RMartin

A nt 9ceery

( RRangert

BNurray

RBaer

0Chaney

JG11111 erd (1te hd)

G5anborn

RFR/OR5$ Files

EO Files

AlY Fttes

Pls Coordinator '

i

. 1

.I

W t s # . .., . .

4 /

0F vIC RA:Rly w D:0C E

J.lehe.nsen L; handler RDMartin

6/ /88 Jf.f eberme n 6 8 Icr

6/ /BF JF/5/28 F./ /88 4' /88

1

'

tw r- , e- .

i

t' j

i

t