ML20153H526
| ML20153H526 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point, 05000000 |
| Issue date: | 09/14/1981 |
| From: | Thompson D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Alderson C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| Shared Package | |
| ML20151G218 | List: |
| References | |
| FOIA-88-353 EA-81-076, EA-81-76, EGM-81-29, NUDOCS 8809090222 | |
| Download: ML20153H526 (1) | |
Text
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UNITED STATsS a f,i NUCLE AR REGULATORY COMMISSION
,i t h %(g f i
e.2 smNoroa. o, c. 20s55 y umj/
b.,,,,-
SEP 14193I EA 81-76 EGM 81-29 MEMORAUNDUM FOR:
Car E. A?derson Director Enforcement and investigation, Region II FROM:
Oudley Thompson, Director Enforcement and Investigations, IE
SUBJECT:
PROPOSED ACTION - FLORIDA POWER AND LIGHT COMPANY This is to document our agreement with the proposed course of action in this case as set forth in your September 2 1981 memorandum (copies furnished earliertoRegionalEnforcementCoordinators).
Our agreement is primarily based on the 00T interpretation of 49 CFR 173.392(d), shipment of bulk LSA material, that states "any packaging of your choice may be used, provided there is compliance wIth all equirements of $173.392(d)."
The 00T interaretation is stated in their letter to the licensee dated May 4, 1981, attacled.
Whether or not shipmerit records indicate that individual drums were the intended containers is not relevant here because of DOT's interpretation.
Further, the licensee's ex post facto determination that the material shipped met the requirements for71TT392TdThas precedent, in that in an earlier enforcement case, Jersey Central Power and Light Company determined by analysisafterthefactthatliquidleakingfromacontaInerwasnot radioactive and there was no leakage from inner packages containing radioactive material.
The JCPL violation was later withdrawn.
!N'beyJgohmpson,Directork g<(p Enforcement and Investigations, IE
Enclosure:
RII memo, with encl.
cc w/ encl:
H. Thornburg T. Brockett N. Moseley J. Metzger T. Harpster R. Carlson, RI, w/o encl.
J. Lieberman J. Streeter, RIII R. Wessman J. Gagliardo, RIV G. Barber A. Johnson, RV Fo24 fr 3 f3 g 90 g 2 880817 UNNERSTA83-353 PDR 1
.