ML20151H499

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Responds to Questions Re Problems Noted in Insp Rept 50-160/87-08,per 880513 & 0613 Ltrs.Info Received Thus Far Inadequate.Believes Ultimate or Root Causes Indicates Weakness in Mgt Controls & Programs
ML20151H499
Person / Time
Site: Neely Research Reactor
Issue date: 07/18/1988
From: Grace J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Crecine J
Neely Research Reactor, ATLANTA, GA
References
NUDOCS 8808010314
Download: ML20151H499 (11)


See also: IR 05000160/1987008

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Ge gia Institute of Technology

TN: Dr. J. P. Crecine, President

225 North Avenue

Atlanta, GA 30332

Gentlemen:

SUBJECT: RESPONSE T0 QUESTIONS CONCERNING INSPECTION REPORT N0. 50-160/87-08

This is in reference to (1) the letter dated May 13, 1988, which responded

to NRC concerns regarding progress toward renewed operation of the Georgia

Institute of Technology (Georgia Tech) .Research Reactor, and (2) the letter

dated June 13, 1988, asking specific questions concerning recent NRC actions.

It appears from the May 13, 1988, letter that NNRC management may still be

focusing their attention on specific issues and individuals involved with the

August radioactivity contamination event rather than evaluating the program

and management controls over the program that allowed the specific event to

occur.

The fact that the event had minor radiological consequences is

fortuitous.

The event, in and of itself, showed management and program

weaknesses that are slowly being addressed by Georgia Tech.

Further, the

Order issued on January 20, 1988, requires an evaluation of the management

controls that allowed this situation to exist.

The information received thus far indicates that many of the identified

problems relate to issues that are "proximate" causes.

We believe the

"ultimate" or "root" cause is a weakness in management controis and programs

at your facility.

The information we have received from Georgia Tech to date

does not recognize that this root cause exists which causes us to question

the long-team effectiveness of any corrective actions.

Thus, we find this

submittal to be inadequate.

Surprisingly, the questions in the letter of June 13, 1988, and the content

of the interim report both indicate that NNRC management's investigation into,

and understanding of, the event were apparently somewhat superficial.

The

questions indicate a lack of full discussion with facility staff and also

an inadequate assessment of the consequences of the contamination event.

Enclosure 1 is a general response to the questions.

Enclosure 2 is a response

to the specific questions.

If you have any questions on the above, or the enclosures to this letter,

I would appreciate it if you would contact me personally for resolution.

Sincerely,

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J. Nelson Grace

Regional Administrator

Enclosures:

(see page 2)

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Enclosures:

1. ' General. Response to-Questions

2.

Response to Specific Questions

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. M T. E. Stelson, Senior Vice President

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ENCLOSURE 1

General Response

The June 13, 1988, letter appears to question the conclusions concerning the

degree of contamination of the reactor building in Inspection Report

19, 1987, survey result showed only minor

50-160/87-08, since the Au

contamination (100-200 cpm) gust

in a small area of the reactor building floor.

(The August 1987, survey document did not show contamination on the catwalk,

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the second floor, or on the first floor except for a 10 square foot area.)

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This apparent lack of understanding, at this the time, of the circumstances

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associated with this event is quite surpris.'ng.

It should be clearly

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understood that:

(1) The referenced August 19, 1987, documented survey gave the initial

indication of contamination above normal; it was not a documentation of

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all of the surveys of the reactor building associated with the

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radioactivity contamination event.

Licensee personnel (operations and

health physics) stated that after noting the widespread contamination,

they began to survey and decontaminate areas without recording results.

(2) Surveys for contamination were conducted throughout the NNRC.

The

contamination was indicated to be spread in discrete locations over

approximately one-third of the building area.

(3) Licensee personnel stated that the catwalk approximately 60 feet from the

top of the reactor shield was contaminated.

(4) Licensee personnel and the Director, NNRC, steted that the Director, NNRC,

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was directly responsible in overseeing the decontamination effort over

large areas of the facility.

(5) Licensee personnel stated that during decontamination efforts, the

personal clothing (pants) of an operator involved were contaminated to

levels exceeding release limits.

(6) One additional record showed smearable contamination of 20 mrem /hr.

(7) When records are incomplete, interviews of personnel must be utilized to

provide missing information.

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ENCLOSURE 2

Response to Specific Questions

1.

Did the Manager of the Office of Radiation Safety (MORS) or other Office

of Radiation Safety (0RS) personnel in fact inform the Radiation

Specialist Inspector of the existence of the August 1987, survey document

or its contents?

At no time during the inspection did licensee personnel provide a copy of

the survey to the inspector and inform him that this survey documented the

extent of contamination after the August event.

The August 19, 1987, survey document was not reviewed by the inspector

until after the January 22, 1988, exit interview.

Licensee personnel

informed the NRC that this survey document recorded the -routine surveys

conducted up to and including the initial finding of contamination within

the reactor building, but did not include the specific details regarding

the subsequent surveys conducted during decontamination efforts. Licensee

personnel, both operations and health physics (HP) staff members, stated

that they conducted additional contamination curveys, including the top of

the reactor shield, areas of the reactor building floors and equipment

located there, and other building areas such as the corridors and access'

point leading into containment of the Neely Nuclear Research Center

(NNRC).

The inspector specifically asked for these survey results.

The

inspector was informed that when a contaminated area was found, the area

was immediately decontaminated without recording the survey results.

Initially, there may have been a misunderstanding between the inspector

and MORS regarding the information requested, the information available,

and the final records provided to the inspector for review.

At no time

during the inspection did the MORS appear to deliberately _ withhold

information as noted by the availability of other pertinent data, for

example, air sampling records and memoranda detailing the contamination

event, which were provided to the inspector.

The failure to document the detailed survey results was attributed to both

operations and HP licensee staff.

The extent of surveys should have been

known by the Director, NNRC, who was responsible for and observed the

decontamination efforts in progress.

Although the Director, NNRC, was

responsible for the decontamination activities, at no time during the

onsite NRC inspection did he present the August 19, 1987, survey results.

Neither did he provide any additiona'. information, either qualitative or

quantitative, regarding other surveys conducted and which indicated the

extent of (or absence of) contamination levels measured.

It should also

be noted that the person responsible for decontamination activity in the

reactor building (Director, NNRC) limited access to the area for an

extended period of time.

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Enclosure 2

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2.

Did the inspector ask to see all pertinent records and if so.were they

provided to him for his inspection?

The inspector requested of all licensee personnel (operations, HP, and the

Director, NNRC) to provide any information which would assist in properly

evaluating the cadmium contamination incident.

Data reviewed and

discussed with HP personnel included the radiological analyses of air

samples collected within the reactor building for August 1987, routine-

radiation survey levels in the reactor building, post-decontamination

survey records, and memos relating to the building and personnel

contamination surveys.

The inspector was informed by HP and operations

personnel that, although they did perform decontamination work, data

indicating the measured radiation survey results were not recorded because

personnel were involved in decontamination activities and failed to record

the measured survey results as the work progressed.

In addition, on January 14, 1988, both the radiation specialist and the

NRC Region II Section Chief discussed explicitly with the Director, NNRC,

the importance of obtaining, either from himself or his staff, all data

relating to the August incident.

The Director stated that the NRC would

be provided with all data.

The rationale for detailing the NRC concerns

to the Director, NNRC, and requesting his input in gathering til facts

regarding the August event is outlined below.

The Director, NNRC, stated to NRC personnel that he previously had

evaluated the August spill himself when it had occurred, had been

responsible for decontamination activities, and had informed the campus

radiation safety officer (RS0) of the incident.

In addition, the

inspector was informed by staff and the Director, NNRC, that the Director

observed the decontamination activities.

Given the above information, the

inspector concluded that to complete the evaluation of the event, the

Director had reviewed all pertinent survey documents.

At no time during

the inspection did the Director, NNRC, take exception to the inspector's

comments regarding the spread of contamination nor did he voluntcar the

August 19, 1987, survey data.

Throughout the onsite inspection period (December 16, 1987 through January

22,1988), the Director, NNRC, was aware of the NRC's concern regarding

the extent of contamination and was reauested to provide all data

necessary to evaluate the August incident.

At no time during the

inspection, including the January 22, 1988, exit interview, did the

Director, NNRC, provide the August 19, 1987, survey results.

Thus, the

NRC concluded that all pertinent records had been provided.

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Enclosure 2

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3.

If the Radiation Specialist Inspector did not see the August 19, 1987,

smear survey as claimed by the Deputy Regional Administrator and Section

Chief responsible for GTRR, how could the description of the survey

results (as described in Inspection Report (IR) 50-160/87-08) appear in

the report?

It is clear that the information could not have come from

facts provided by NNRC at the related Enforcement Conference, since that

conference was not referenced in the IR.

The August 19, 1987, survey results were presented to the local news media

following the January 22, 1988, exit interview.

Following the exit

interview, the Region II Georgia Tech Research Reactor (GTRR) Section

Chief telephoned the Director, NNRC, and reques.ted the document for

review. The documents were transmitted to NRC Region II (as an attachment

to a letter dated January 22, 1988), by the Director, NNRC.

Thus the

surveys were made available to and reviewed by the radiation specialist

prior to the February 23, 1988, Enforcement Conference, contrary to what

is stated in the June 13, 1988, letter from the Director, NNRC.

Furthermore, the presentation of these surveys to the media following the

January 22, 1988, exit interview and their subsequent submittal to the NRC

Region II Office resulted in their review and inclusion as part of

IR 50-160/87-08, dated February 10, 1988.

4.

What documents contained the above referenced 100-200 cpm above background

levels on the containment (main) floor.

The forms provided by the licensee to the NRC following the January 22,

1988, exit interview.

Specifically, Form RS-51, Daily Masslin Survey

Report, August 1987, indicated that for Area 7 on August 19, 1987, count

rates approximately 100 to 200 counts per minute (cpm) above background

were measured.

These quantitative results were for routine surveys

conducted by a student HP technican.

The existence of elevated contamination levels was discussed by licensee

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staff prior to the inspector's review of the survey results.

During

interviews of the operations and HP staff, selected survey results were

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described as ranging from measurable to approximately 22 millirem per hour

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(mrem /hr).

Both operations and HP staff stated that contaminated areas

were located in the main reactor building which required more detailed

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surveys and decontamination activities which were not recorded.

These

contamination levels never were specifically quantified but were described

as "measurable," that is, detectable above background.

5.

Which documents contained the followup surveys?

Page 6, Paragraph 3, of IR 50-160/87-08 specifically states "Discussion

with cognizant licensee health physics staff indicated that ... the

reactor shield."

The inspector interviewed all personnel involved in the

decontamination activities including operations, HP, and the Director,

NNRC, and all stated that because of the contamination event and

subsequent decontamination activities, followup surveys of personnel and

areas within the NHRC were conductede

Both operations and HP staff

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Enclosure 2

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discussed with and showed to the inspector during tours of the facility,

those areas where they had performed surveys and subsequent

decontamination activities.

Several' of the areas requiring followup

surveys and decontamination efforts were corroborated between the

operations and HP staff, including an operations staff ' member who stated

that he had to decontaminate an area of the catwalk across from the top of

the reactor shield.

6.

Were any results conveyed verbally (without contemporaneous official

documentation backup) to the Radiation Specialist Inspector?

See response to Question No. 5.

By whom?

See response to Question No 5.

What results?

NNRC staff stated that surveys indicating contamination ranged from

measurable up to 20 mrem /hr.

During discussi.on of the contamination

levels, excluding the 20 mrem /hr reading, both operations and HP staff

referred mainly to elevated or measurable contamination levels for areas

within the reactor building where contamination was reported.

Excluding

several memoranda detailed in IR 50-160/87-08, both operations and HP

staff were unable to provide written records of the contamination levels

they measured.

For example,

operations personnel

conducted

decontamination activities on top of .the reactor shield in the area

designated by the licensee to be the location of the August spill and also

to have the highest contamination levels. However, no detailed records of

the survey results used to properly-conduct decontamination activities

were maintained.

Details corroborating licensee statements were provided in the August 19,

1987, survey record and subsequent memoranda from the HP staff to the

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Director, NNRC.

For example, a survey indicating 20 mrem /hr was .

documented for a Masslin wipe survey conducted by a HP student technician

which was recorded in a personal log book and also detailed in a

memorandum (Boyd to Karam, August 20, 1987) reviewed by the radiation

specialist inspector. Additional documented survey results were noted for

contamination levels at the storage cask which remained elevated following

decontamination efforts (memorandum, dated August 27, 1987, Sharpe to

Karam).

7.

Given the obvious conflict between the inspector's determination and the

August 19, 1987, survey, how and based on what information did the

inspector determine that approximately one-fourth to one-third of the

reactor containment building had measurable contamination?

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Enclosure 2

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There is no obvious conflict between the inspector's determination and the

August 19, 1987, survey.

This referenced survey, because it was

incomplete, was not used to estimate the area of contamination. As stated

in the previous responses, the August 19, 1987, record only indicated

results of the routine surveys conducted up to the point in time when

definite contamination was observed.

For example, survey data indicating

the extent and levels of contamination on top of the reactor shield, an

area that the Director, NNRC, HP, and operations staff knew to be-

contaminated (memorandum from Boyd to Karam, dated August 20, 1987) and

which required extensive decontamination effort following the August

incident were not recorded on the August 19, 1987, survey.

Furthermore,

the August 19, 1987, survey results would not be used to estimate the

extent of contamination because these routine surveys only monitored a

small area of the reactor building containment floor, each area surveyed

was not drawn to scale on the data sheets, and the surveys appeared to be

conducted for locations near the shield wall of the reactor.

Results of

surveys for floor areas near the outer reactor building wall and equipment

located on the main floor were not listed on the survey.

Thus, the

inspector was required to use interviews of operations and HP staff to

determine the extent of contamination as described.

As previously stated, the Director, NNRC, was responsible for

decontamination efforts; however, he was unable to provide any qualitative

or quantitative survey data.

Furthermore, the Director never provided

information regarding the inspector's concerns of the extent of

contamination nor did he initially take exception to the NRC's comments

during the inspection.

8.

What amount of measurable contamination was found?

See response to Question No. 7.

By whom?

All personnel interviewed at the NNRC indicated that the ' contamination

above background was measured in various locations of the reactor

building.

9.

Is the NRC aware of any supporting documents which indicate contrary to

our best information, that the catwalk, the control room areas of the main

floor or any other area of the main floor (other than area #7) required

decontamination.

It is not at all clear as to what is meant by the phrase "contrary to our

best information" given the full awareness of the NNRC staff and

involvement of the Director in the decontamination efforts.

The inspector was informed by licensee representatives that results of

surveys associated with decontamination efforts in the aforenentioned

areas following the August incident were not recorded.

IR 50-160/87-08

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Enclosure 2

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noted an apparent violation for a failure to maintain appropriate records

for surveys.

However, interviews with operations and HP staff members indicated that

operations personnel physically decontaminated the reactor shield top,

reactor building floor, and an areas of the catwalk across from the

reactor. shield top.

In fact, the Director, NNRC, knew of this operator's

involvement as it was discussed during the February 23, 1988, Enforcement

Conference.

In addition, both HP and operation staff stated to the

inspector that locations in the reactor building other than Area 7 on the

August 19, 1987, survey record, were determined to be contaminated with

cadmium and were subsequently cleaned.

10. Are there any documents which support the numbers provided in the

memorandum from the MORS?

The NRC 'has not reviewed documents which could support nor refute the

numbers stated.

Furthermore, comparison of the 400 cpm contamination

results (memorandum, Boyd to Karam, dated August 20,1987) should not be

compared to the 100 cpm background results (letter from Karam to Grace,

dated June 13,1988).

For example, the 400 cpm was for a qualitative wipe

of a large area, whereas the referenced 100 cpm may represent a wipe

collected over a 100 cm2 area.

Additional data of the area surveyed,

instruments used and their associated efficiencies, and the actual san.ple

locations would be necessary to properly evaluate the numbers presented.

11.

Did RII or the Office of Investigations (01) investigate the possibility

of personnel of the ORS deliberately misleading NRC inspectors as to the

impact of the August spill?

It would be inappropriate for NRC to comment on possible ongoing

investigative activity, especially to confirm or deny the specific focus

of such investigations.

This standing policy ensures that investigations

are pursued under the best possible conditions.

12.

Did RII make any attempt to independently verify (for example, through the

use of official records, required by the NRC to be maintained by the

licensee) just how accurate or inaccurate the information provided by

personnel of the ORS was?

The NRC did request that all written information pertaining to the August

1987 event be provided to the NRC, in order to better support the

interviews of the operations and health physics personnel.

The NRC has

substantial reason to believe, based on the actions of the entire NNRC

staff after the August,1987, event, that oral information provided by the

ORS staff regarding the contamination in the reactor building was correct.

In fact, the information provided orally was consistent with the limited

available documentation.

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Enclosure 2

13.

If such an investigation was per o'

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it done and what were its

findings?

It would be inappropriate for NRC to comment on possible ongoing

investigative activity, especially to confirm or deny the specific focus

of such investigations.

This position ensures that investigations are

pursued under the best possible conditions.

14. The regulations in 10 CFR 2.201 and 2.202 appear to provide opportunity

for the licensee to answer charges raised under any pretense and

regardless of accuracy. What chain of reasoning caused RII and the NRC to

issue an Order to Modify rather than an Order to Show Cause as is required

by the regulations?

This question only addresses 10 CFR 2.201 and 10 CFR 2.202 and ignores or

overlooks 10 CFR 2.204, "Order for Modification of License," which is the

regulatory basis for the Order that was issued on January 20, 1988.

Regarding the complaint that Georgia Tech was not afforded an opportunity

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to "answer charges," the January 20, 1988, Order specified that the

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licensee "may request a hearing on this Order within twenty day (s of its

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issuance."

Also the licensee erroneously cited Section 2.201 c) as

2.202(c) and cited Section 2.202(b) as 2.202(a)(6).

Regarding the chain of reasoning, it was apparent to the NRC that the

August contemination event occurred because of lack of management controls

over the conduct of irradiations.

Also, the event initially went

undetected, and subsequent documented surveys of the scope of the event

were sparse.

This indicated a lack of management controls over the

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assessment of the consequences of the event, further exacerbated by lack

of management corrective actions to improve future operations.

It is true

that the NRC's judgement is that the particular contamination event in

August did not represent a significant threat to public health and safety.

However, the purpose of the order was not punitive -- it was imposed only

to avoid possible future misoperations of more consequences to public

health and safety and to send a clear message to Georgia Tech that future

irradiations would not be permitted unless suitable enhancements in

management controls were implemented.

15.

Is it policy and practice of the NRC to assume guilt or were these

utterances unauthorized and mistaker. impressions?

The policy of the NRC has always been to expect a licensee to meet the

appropriate requirements of its license and operate the facility in a safe

manner.

Inspections are conducted to verify whether the facility is being

operated safely and in accordance with its license.

During this

inspection process, if problems are identified, they are brought to the

attention of the licensee.

Thus, the inspection process has as its basis

a presumed "innocent" philosophy; but, of necessity, information obtained

is evaluated objectively to determine whether problems appear to exist.

In the case of an enforcement conference, where the NRC does have

information that shcws that there is an apparent safety problem or

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violation, the NRC expresses the concerns to be discussed.

Among the

issues to be discussed are the . items of . noncompliance; and there is a

presumption of guilt at this. stage to the extent that, unless new

information is provided that alters our initial judgement'on the issues,

there will be a conclusion that the violations occurred.

One of the.

purposes of an enforcement conference is to provide a licensee the

opportunity to clarify any misunderstanding concerning the information

associated with the apparent. violation.

Our conference summary dated

March 14,1988, clearly identified ' concerns with management control of

health physics and operation programs.

It is difficult, based on the information you provide, to assess whether

the alleged statements were made in the above context.

If not, we would

appreciate further information on this subject.

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