ML20199H242

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Forwards Insp Rept 30-15186/97-01 on 971009-1107.Apparent Violations Being Considered for Escalated Enforcement Actions.Open Predecisional Enforcement Conference Scheduled for 971215
ML20199H242
Person / Time
Site: 03015186
Issue date: 11/24/1997
From: Scarano R
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To: Abbott J
SOUTH DAKOTA, UNIV. OF, VERMILLION, SD
Shared Package
ML20199H245 List:
References
30-15186-97-01, 30-15186-97-1, EA-97-509, NUDOCS 9711260056
Download: ML20199H242 (4)


See also: IR 07100009/2011007

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~ James WLAbbott, President.

University of South Dakota;

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SUBJECT:

NRC INSPECTION REPORT 030-15186\\97-01

' Dear Mr.~ Abbott:

- On October 9,1997, the NRC completed the on site portion of our inspection at your facilities in

Vermillion, South Dakota. The purpose of the inspection was to ensure that activities at your

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facilities were being performed in accordance with NRC requirements and the conditions of your

license. At the conclusion of the on site portion of this inspection, a preliminary exit briefing was

conducted with members of your staff to discuss the inspection findings. On November 7,1997,

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a telephonic exit briefing was conducted with the University's radiation safety officer (RSO). The

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enclosed report presents the scope and results of that inspection.

Based on the results of this inspection,10 apparent violations were identh Md and are being

considered for escalated enforcement action in accordance with the " General Statement of

Policy and Procedure for.NRC Enforcement Actions"(Enforcement Policy), NUREG-1600.

.These apparent violations involved failures to: (1) maintain control and security of licensed

materialin controlled and unrestricted areas, (2) maintain management oversight of the radiation

safety program, (3) hold radioactive material for a minimum of 10 half lives prior to disposal,

(4) calibrate survey instruments at 6-month intervals, (5) conc 6ct a physical inventory of sealed

sources at 6-month intervals, (6) ensure that licensed mate'ial was ordered by the RSO,

' (7) notify radiation workers of their annual dose, (8) deter'nine the dose to members of the public

. from exposure to airbome radioactive effluents, (9) provije training to housekeeping and -

security personnel, and (10) ensure that the RSO met quarterly with the president to review the

radiation safety programs _ Based upon the nature and nt.mber of apparent violations described

above, we are concemed about the implementation of your program in the area of management

oversight and control of your radiation safety program.

An open pred'ecisional enforcement conference to discuss these apparent violatiens has been

scheduled for December 15,1997, at 9:00 a.m. (CST). The decision to hold a predecisional

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enforcement conference does not mean that the NRC has determined that violations have .

e occurred or that enforcement action will be taken. Accordingly, no Notice of Violation 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

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- m'ay change as a result of further NRC review. This conference is being held to obtain

information to enable thu NRC to make an enforcement decision, such as a common

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. understanding of the facts, root causes, missed opportunities to identify the apparent violations

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sooner, corrective actions, significance of the issues and the need for lasting and effective

corrective action. - In particular, we expect you to address the management oversight and

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control issue as well as whether the RSO has been afforded the time and resources needed to

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maintain compliance with the Commission's rules and regulations and the conditions'of your

license, 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 severity of the

violationsi(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

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Enforcement Policy, and (3) any other application of the Enforcement Policy to this case,

. including the exercise of discretion in accordance with Section Vll. 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

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enclosed NRC Information Notice 96-28. " SUGGESTED GUIDANCE RELATING TO

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DEVELOPMENT AND IMPLEMENTATION OF CORRECTIVE ACTION," may be helpful

(Enclosure 3),

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

enclosurc will be placed in the NRC Public Document Room.

Should you have any questions concerning this letter or the enclosed report, please contact

Richard Leonardi at (817) 860 8187 or D. Blair Spitzberg, Ph.D., at (817) 860-8191.

Sincerely,

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_ Ross A. Scarano, Director

Division of Nuclear Materials Safety

Docket No. 030-15186

License No. 40-02331 19

Enclosures:

1. NRC Inspection Report 030-15186/97-01

- 2. NRC Enforcement Policy, NUREG 1600

3. NRC Information Notice 96-28

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cc w/ Enclosure 1:

South Dakota Radiation Control Program Director

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