ML20199B860

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:On 970925,package Containing Metal Samples Removed from Unit 1 Emergency Cooling Tube Sheet Was Sent to Listed Company,Not on List

ML20199B860
Person / Time
Site:	Nine Mile Point
Issue date:	01/22/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20199A949	List: IR 05000220/1997007 ML20199B860
References
EA-97-530, NUDOCS 9801290032
Download: ML20199B860 (3)

Text

_ _ _ _ _ . _ . _ _ _ _ _ . - _ _ _ _ _ _ . _ _ _ _ _ _ . . _ _ . _ _ . _ _ _ _ . _ _ _ _ ,

}

ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY ,

Niagara Mohawir Power Corporation Docket No. 50-220,50-410 Nine Mile Point Nuclear Station License No. DPR-63, NPF-89 ,

Units 1 and 2 EA 97-530 Duririg an NRC inspection conducted between August 10 and October 4,1997, for which an

~

exit meeting was held on October 17,1997, violations of NRC requirements were identified.

In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1600, the NRC proposes to impose a civil penalty pursuant to Section 234 4 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282, and 10 CFR 2.205.

LThe particular violations and associated civil penalty are set forth nelow:

A. I I0 CFR 71.5 reqtres that each licensee who transports radbactive material comph with the applicable DOT regulations containeri in 49 CFR Parts 170-189. 49 CFR 173.441 requires that radiation levels in any normally occupied space of the vehicle not exceed 0.02 milliSieverts per hour (2 mrem /hr).

Contrary to the above, on July 24, 1997, the licensee transported a package '

containing two metal samples from the Unit 1 core shroud, to RWX Technologies, Inc.,

Lynchburg, Virginia, and upon receipt of the package at BWX, the dose rate in the normally occupied section of the vehicle was 2.3 mrem /hr. (01013)

B. 10 CFR 71.5 requires, in part, that each licensee who delivers licensed material to a carrier for transport, comply with the applicable requirements stated in 49 CFR Parts 170-189.

Title 49 CFR 172.203(d)(4) requires that the activity contained in each package of the shipment in terms of the appropriate Si un!ts or in terms of the appropriate Si units-L followed by the customary units shall be included on the shipping papers.

Title 49 CFR 172.204(a) requires, in part, that each person who offers a hazardous

- material for transportation shall certify that the material is offered for transportation in accordance with this subchapter-(manually or mechanically) in the shipping paper-

- coritaining the required shipping description the certificatior contained in paragiaph (a)(1) of this section or the certification (declaration) containing the language contained -

!n paragraph (a)(2) of this section.

Contrary to the above, on September 3,1997, the licensee shipped a cask from Unit ,

2 to Molten Metal Technology, Oak Ridge, Tennessee, and 1.n i the cask contained a liner of spent re sins that was different than the liner that

.was intended for shipment as notec on the shipment papers. As a result, the-activity recorded on the shipping papers was not reflective of that contained in the liner as required by 49 CFR 172.203(d)(4); and-t

, ~ 9901290032 990122

=

PDR ADOCK 05000220 G PDR- _ q_

(.

encio.or. 2 r

2. licensee personnel failed to carry out procedurally required steps to certify that the shipment was proper in eccordance with 49 CFR 172.204(a). (01023)

C. 10 CFR 71.0(b) states that "the packaging and transport of licensed material are also sut, ject to other parts of this chapter (e.g., Parts 20,21,30,39,40,70, and 73) and to the regul9tions of other ogsncies (e.g., the US Department of Transportation and the US Postal Service) having juri. diction over means of transport. The requirements of this part are in addition to, and not in substitution for other requirements."

Title 10 CFR 30.41 requires that before transferring byproduct material to a specific licensee of the Commission or an Agreement State or to a general licensee who is required to register with the Commission or with an Agreement State prior to receipt of the, byproduct mater:al, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of type, form and quantity of byproduct material to be transferred."

1. Contrary to the above, on September 25,1997, the licensee sent a package containing a metal sample removed from a Unit 1 emergency cooling condenser tube sheet, to a BWX Contracts Officer in an administrative office complex in Lynchburg, Virginia, and that office complex was not listed on the material License Certificate for receipt of radioactive shipments. (01033)

2. Contrary to the above, on May 24,1995, the licensee sent a source range detector to the General Electric (GE) facility in San Jose, California, and that facility did not have a license to receive radioactive material. (01034)

This is a Severity Level lli Problem (Supplement V).

Civil Penalty - 455,000

~~

Pursuant to the provisions of 10 CFR 2.201, Niagara Mohawk Power Corporation (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Pennity (Notice). This reply should be clearly marked as a " Reply to a Notice of. Violation" and should include for each alleged violation:

(1) admission or denial of the alleged violetion, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the entractive steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an Order or a Demand for Information may be issued as why the license should not he modified, suspended, or revoked or why such other action as may be proper should not se taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act,42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Off!ce of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or ele 0tronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed a

4

l L

q ,

Enclosure 3

- above, or the cumulativa amount of the civil penalties if more than one civil l penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement,- U.S. Nuclear Regulatory Commission. Should the Licensee fell to answer within the time specified, an nrder imposing

. the civ!! penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in p art, such answer shodd be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violat!on(s) listed in this Notice, in whole or in part, (2) deri..,nstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed, in addition to protecting the civil penalty in whole or in pcrt, such answer may request remission or mitigation of the penalty.

- in requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy 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 parts of the 10 CFR 2.201 repay by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee

. is directed to the other. provisions of 10 CFR 2.205, regarding the procedure for imposing a CHI penalty. '

Upon failure to pay any civil penalty due which subsequently has been datermined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

The response noted above (Reply to Not!ce of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852 2738, with a copy to the Regional Administrmtor, U.S.

Nuclear Regulatory Commission, Pagion I, and a copy to the NRC Resident inspe '. st the facility that is the subject of this Notice.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent '

possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information if you request withholding of such matnial, you mug specifically identify the portions of your response that you seek to have -

withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwariar^ ad invasion of personal privacy.or provide <

the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at King of Prussia, Pennsylvania this 22nd day of January 1998' A