ML20205A812

Responds to Denying Violation 2 Re Transportation Procedures Noted in Insp Rept 70-1113/86-01.Violation Occurred as Originally Stated,Per Encl Assessment

ML20205A812
Person / Time
Site:	07001113
Issue date:	07/11/1986
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Lees E GENERAL ELECTRIC CO.
References
NUDOCS 8608110451
Download: ML20205A812 (4)

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JUL 11 H66 Docket No. 70-1113 License No. SNM-1097 General Electric Company pATTN: Mr. Eugene A. Lees, General Manager Nuclear Fuel and Component Manufacturing P. O. Box 780 Wilmington, NC 28402 Gentlemen:

SUBJECT:

NOTICE OF VIOLATION (NRC INSPECTION REPORT NO. 70-1113/86-01)

Our letter dated May 27, 1986, in response to your letter of May 8,1986, stated that we were evaluating your response which denied Violation 2 of Inspection Report No. 70-1113/86-01, regarding the approval of changes to transportation  :

procedures prior to use, and that we would notify you of the acceptability of your response in the near future.

After careful consideration of the basis for your denial of Violation 2, we have concluded, for the reasons given in the enclosure to this letter, that the violation occurred as stated in the Notice of Violation. Therefore, in accordance with the requirements of 10 CFR 2.201, please submit to this office within 30 days of the date of this letter, a written statement describing steps which have been taken to correct Violation 2 and the results achieved, corrective actions which will be taken to avoid further violations, and the date when full compliance will be achieved.

The response directed by this letter is not subject to the clearance procedure of the Office of Management and Budget issued under the Paperwork Reduction Act, PL 96-511.

In accordance with Section 2.790 of the NRC's " Rules of Practice", Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC's Public Document Room.

Sincerely, J. Nelson Grace Regional Administrator

Enclosure:

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ENCLOSURE STAFF ASSESSMENT OF LICENSEE RESPONSE TO INSPECTION REPORT N0. 70-1113/86-01 DATED MAY 8, 1986 Findings Changes to procedures which specified the licensee's methods for assuring that licensed material delivered to a carrier met the requirements of the Department of Transportation and the NRC had not been approved for release by authorized personnel.

Licensee Comments Procedure FS-7, " Radioactive Material Shipments," references General Electric Form NE0-374, " Radioactive Materials Packaging and Shipping Record" and Procedure FS-36, " Low Level Radioactive Waste Shipments," contains as typical exhibits, Form NE0-374 and Chem-Nuclear Systems, Inc., Form CNS-201, "Barnwell Waste Management Facility Radioactive Shipment Manifest." When completed per the separate instruction for each form, the forms primarily fulfill the requirements for shipping papers (49 CFR Part 172, Subpart C) and, in the case of CNS-201, provides other information required by the waste disposal operator. They do not provide information related to 10 CFR 71, Subpart H, Quality Assurance.

Procedure FS-7 does not provide any shipping container quality assurance relative to control of the physical characteristics or materials / components. Procedure FS-36 does provide for quality assurance control of the container.

NRC Response 10 CFR 71.0(d) specifically states that the transport of licensed material or de.ivery of licensed material to a carrier for transport is subject to the operating controls and procedure requirements of Subpart G of this part, to the quality assurance requirements of Subpart H of this part, and to the general provisions of Subpart A of this part, including Department of Transportation (00T) regulations referred in paragraph 71.5. 10 CFR 71.101, in Subpart H, states that " quality assurance" comprises all those planned and systematic actions necessary to provide adequate confidence that a system or component will perform satisfactorily in service. 10 CFR 71.113, in Subpart H, requires that licensees establish measures to assure that documents, including changes, are reviewed for adequacy and approved for release by authorized personnel. Contrary to the position taken by General Electric, the application of a quality assurance program is not limited to the control of physical characteristics or materials / components.

Licensee Comments The text of FS-7 and FS-36 did not require specific revisions due to the 1983 changes to 00T and NRC regulations. During the February 1984 NRC inspection, FS-7 and FS-36 were in the process of being revised to incorporate minor

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Enclosure 2 non regulatory modifications and/or to insert current exhibits (i.e.,

Forms NE0-374 and CNS-201). However, changes to the concomitant instructions for completion of Forms NE0-324 and CNS-201 were required and these revisions were accomplished in a timely manner and compliance was maintained as stated by the inspector in Inspection Report No. 70-113/86-01.

NRC Response While we would agree that the text of procedures FS-7 and FS-36 did not require any changes as the result of the 1983 changes to DOT and NRC regulations, a revision to procedure FS-36 was necessary, as you noted in your response, to incorporate exhibits which had been revised to reflect 1983 changes to COT and NRC regulations. Procedure FS-36, paragraph 5.2.4.3 and 5.2.4.4 states that the Control Operator is to complete Radioactive Shipment Manifest Form (CNS-201 -

Exhibits 7A, 7B, and 7C) per instructions on the form, and the Radioactive Material Packaging and Shipping Record Form (NE0-374) as indicated in Exhibit 8, respectively. The NE0-374 form also has instructions which indicate that the instructions in NE0-3748 should be reviewed before completing the form.

At the time of the inspection in 1984, the individual responsible for shipments of radioactive material was using a draft copy of procedure FS-36 and was completing the shipping form in compliance with the exhibits contained in that draft procedure. It should also be noted that licensee personnel showed the inspector what they thought were applicable instructions for completing NE0-374 and that document did not contain the 1983 changes to the DOT and NRC regulations.

It is our position that the procedure in use for the shipment of radioactive material was a draft procedure which had not been reviewed and approved prior to use. Had licensee personnel explicitly followed the approved procedure and the instructions for completing the form they believed to be the latest revision, completion of the forms would not have been in accordence with DOT or NRC regulations.

NRC Conclusions The violations occurred as originally stated. As noted in Inspection Report No. 70-1113/86-01, the inspector performing the inspection during the period of February 21-24, 1986, did not identify an NRC requirement for licensee management to formally approve the procedure used by the licensee for the transportation of radioactive material. However, a recent review of this issue by the Regional Office has identified a specific NRC requirement that changes to transportation procedures are to be formally reviewed by the licensee and approved. We believed the violation had only minor safety significance in that shipments were being made in accordance with DOT and NRC regulations and consequently assignef the violation a Severity Level V.