ML20205A963

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Notice of Violation from Insp on 850325-0410
ML20205A963
Person / Time
Site: 05000433
Issue date: 04/19/1985
From: Jonathan Montgomery
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:
Shared Package
ML19269B439 List:
References
50-433-85-01, 50-433-85-1, NUDOCS 8504260209
Download: ML20205A963 (2)


See also: IR 05000325/2004010

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APPENDIX A

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NOTICE OF VIOLATION

University of California

Docket No. 50-433

Santa Barbara

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As a result of the inspection conducted March 25 - April 10, 1985, and in

accordance with NRC Enforcement Policy, (10 CFR Part 2, Appendix C) the

following violations were identified:

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A.

10 CFR 50.54(p) states in part, "The licensee may make changes to the

security plan...without prior Commission approval if the changes do not

decrease the safeguards effectiveness of the plan. The licensee...shall

furnish to the. .. Director of Nuclear Reactor Regulation. . .with a copy to

the appropriate NRC Regional Office...a report containing a description

of each change within two months after the change is made."

Contrary to the above, the licensee failed to submit changes to their

security plan prepared pursuant to 70.22(h) within the two month period.

Changes made to the licensee's security plan prior to March 1, 1984,

regarding the placement of intrusion detectors and the designation of

alarm response responsibility had not been reported to the Commission as

of March 26, 1985.

This is a Severity Level V Violation (Supplement III)

B.

10 CFR 73.67(d)(ll) states in part, "Each licensee who possesses special

nuclear material of moderate strategic significance shall... establish and

maintain response procedures for dealing with threats of thefts or thefts

of such materials." The licensee's approved security plan dated May 1980

states in part on page 11: " Procedures have been established to deal with

the following incidents at the facility:.. 5) Threat of theft of special

nuclear material (and) 6) Thef t of special nuclear material. .. . The

response procedures describe the type of response to be made, duties and

responsibilities of the organizations and personnel involved. . . ."

Contrary to the above, the inspector determined through interview on

March 27, 1985, that the licensee has not prepared response procedures

for dealing with threat of theft or theft of special nuclear material.

This is a Severity Level V Violation (Supplement III)

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C.

10 CFR 73.67(d)(10) states in part: Each licensee who possesses special

nuclear mat.: rial of moderate strategic significance shall..." search on a

random basis... packages leaving the controlled access areas." The

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licensee's approved security plan dated May 1980 states in part on

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page 10: "It would be impractical to search packages....

Instead the

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cabinet (in which space fuel solution is stored) shall be sealed and the

seal inspected as part of the weekly intrusion alarm check."

Contrary to the above, the inspector observed on March 26, 1983, that the

cabinet was unsealed and no record existed of past inspections for a seal

or for the continued presense of the spare fuel solution.

This is a Severity Level IV Violation (Supplement III)

Pursuant to the provisions of 10 CFR 2.201, The Regents of the University of

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California is hereby required to submit to this office within thirty days of

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the date of this Notice, a written statement or explanation in reply,

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including: (1) the corrective steps which have been taken and the results

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achieved; (2) corrective steps which will be taken to avoid further

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violations; and (3) the date when full compliance will be achieved for these

violations. Consideration may be given to extending your response time for

good cause shown.

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APR 191985

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Dated

James L. Montgomery, Chief

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Nuclear Materials Safety and

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Safeguards

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