ML20198P849
| ML20198P849 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1997 |
| From: | Blough A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Knabe T STROH BREWERY CO. |
| Shared Package | |
| ML20198P854 | List: |
| References | |
| REF-QA-99990001-971104 99990001-97-21, EA-97-486, NUDOCS 9711120033 | |
| Download: ML20198P849 (3) | |
Text
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November 4, 1997 Docket No.: 99990001 License No.: General Licensee EA No.97-486 Mr. Timothy P. Knabe Plant Manager The Stroh Brewery Company P.O. Box 25013 Lehigh, Pennsylvania 18002 5013
SUBJECT:
INSPECTION NO. 99990001/97-021
Dear Mr. Knabe:
This refers to the inspection conducted on October 6 and 9,1997 at Routes 22 and 100, Fogelsville, Pennsylvania. The purpose of the inspection was to determine whether activities authorized by the license were conducted safely and in accordance with NRC requirements and to inspect the circumstances surrounding the unauthorized disposal of generally licensed radioactive material. The enclosed report presents the results of this inspection. At the conclusion of the inspection, the findings were discussed with those members of your staff identified in the enclosed report.
Based on the results of this inspection, two apparent violations were identified and are being considerui4 escalated enformment action in accordance with the " General Statement of Policy md. Procedadfor NRC Enforcement Actions" (Enforcement Policy), NUREG 1600. The violations include the unauthorized disposal of generally licensed radioactive material and thu failure to perform the required leak tests of this material while it was in your possession from 1981 to July 1997. Accordingly, no Notice of Violacion is presently being issued for these inspection findings. In addition, please be advised that the number and characterization of apparent violations described in the enclosed inspection report may change as a result of further NRC review.
A predecisional enforcement conference, open to the public, to discuss these apparent I
violations hos been scheduled for November 12,1997 at 10:00 a.m. The NRC announces predecisional enforcement conferences to the public by issuing a press
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release. The decision to hold a predecisional enforcement conference does not mean that the NRC has determined that a violation has occurred or that enforcement action (k
wi!I be taken. This conference is being held to obtain information to enable the NRC to makt.o enforcement decision, such as a common understanding of the facts, root gtC*
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T.P.Xnabe 2-The Stroh Brewery Company causes, missed opportunities to identliy the apparent violation sooner, corrective actions, significance of the issues and.the need for lasting and effective corrective action. In addition, this is an opportunity for you to point out any errors in our inspection report and for you to provide any information concerning your perspectives on 1) the r,averity of the violations, 2) the application of the factors that the NRC considers when it determines the amount of a civil penalty that may be assessed in accordance with Section VI.B.2 of the Enforcement Policy, and 3) any other application of the Enforcement Policy to this case, including the exercise of discretion in accordance with Section Vil, in presenting your corrective action, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the apparent violations. The guidance in the enclosed NRC Informetion Notice (IN) 96-28, " SUGGESTED GUIDANCE RELATING TO DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful.
As a result of the inspection, it was determined a sealed source (model number 5452LA) remains unaccounted for, although the information available to us indicates that it was in your possession since 1981. During the conference, we expect you to discuss the status and location of this source. In addition, we expect you to discuss what you are going to do to arrange for the disposal of the radioactive waste material at Royal Green Recyclers, Temple, Pennsylvania, that is there as the result of an unauthorized disposal that occurred on July 28,1997.
You will be advised by separate correspondence of the results of our deliberations on this matter. No response regarding these apparent violations is required at this time.
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
Sincerely, ORIGINAL SIGNED BY:
A. Randolph Blough, Director Division or Nuclear Materials Safety Docket No. 99990001 License No. General Licensee EA No.97-486
Enclosures:
1.
Inspection Report No. 99990001/97-021 2.
NUREG 1600 (Enforcement Pol:cy) 3.
IN 96-28 cc w/ enclosures:
Commonwealth of Pennsy!vania OFFICIAL RECORD COPY 1
l T.P.Knabe 3-The Stroh Brewery Company Mr. Ellis Block Royal Green Metal Recyclers Huller Lane Temple, Pennsylvania 19560 Distribupgm (w/ enclosure 1)
PUBLIC Nuclear Safety Information Center (NSIC)
Region 1 Docket Room (w/ concurrences)
H. Thompson, DEDR W. Axelson, RI D. Cool, NMSS J. Lieberman, OE -
A. Nicosia, OGC L. Davis, OGC J. Fewell, RI D. Holody, RI T. Walker, Rl A. D. White, RI
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