ML20205N894

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Discusses Insp Rept 50-083/87-01 on 870209-11 & Forwards Notice of Violation.Civil Penalty Not Assessed Due to Prior Good Performance in Area of Violation & Prompt Action Taken Re Radwaste Transportation Program
ML20205N894
Person / Time
Site: 05000083
Issue date: 03/26/1987
From: Grace J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Tulenko J
FLORIDA, UNIV. OF, GAINESVILLE, FL
Shared Package
ML20205N898 List:
References
EA-87-032, EA-87-32, NUDOCS 8704030130
Download: ML20205N894 (3)


See also: IR 05000083/1987001

Text

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                                          MAR 261987
      Docket Nos. 50-83
      License Nos. R-56
      EA 87-32
      Ur>iversity of Florida
     pATTH: Mr. J. S. Tulenko
              Chairman, Nuclear
              Engineering Sciences Department
      202 Nuclear Sciences Center
      Gainesville, FL 32611
      Gentlemen:
      SUBJECT: NOTICE OF VIOLATION
                 (NRC INSPECTION REPORT NOS. AND 50-83/87-01)
      This refers to the Nuclear Regulatory Commission (NRC) inspection conducted by
      B. K. Revsin at the University of Florida Training Reactor on February 9-11,
      1987. The inspection included a review of your program for transportation of
      radioactive materials. The report documenting this inspection was sent to you
      with a letter dated February 20, 1987. As a result of this inspection, signifi-
      cant failures to comply with NRC regulatory requirements were identified.
      Accordingly, NRC concerns relative to the inspection findings were discussed by
      J. P. Stohr, Director, Division of Radiation Safety and Safeguards, NRC,
      Region II, with M. J. Ohanian, Associate Dean for Research, College of Engineer-
      ing, in an Enforcement Conference held on February 16, 1987.
      The violation described in the enclosed Notice of Violation involved a failure
      to comply with Department of Transportation (DOT) reouirements for transportation
      of radioactive materials outside the confines of your reactor facility during          ,
      the transport of two 55-gallon drums containing licensed material. The radiation       l
      levels on one of the drums exceeded the D0T limit of 200 millirem per hour by
      greater than a factor of five. The high radiation levels were in a localized
      area and movement of the radioactive material outside the reactor facility was
      performed by qualified university radiation protection personnel. Normally,
      this would be considered to be a Severity Level II violation. However, because
      qualified personnel were involved and the radiation was localized, the violation
      has been categorized as a Severity Level III violation in accordance with the
      " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR
      Part 2, Appendix C (1986). A civil penalty is considered for a Severity Level III      .
      violation. However, after consultation with the Director, Office of Inspection         !
      and Enforcement, I have decided that a civil penalty will not be proposed in
      this case because of your prior good performance in this area and your unusually
      prompt and extensive corrective actions taken relative to the radioactive waste
      transportation program to prevent recurrence.
                                                                                             4
      8704030130
        DR ADOCK 050
                      870 g 3

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                                                                                             !
                                                                                   . - _ _ _ _ _ _ _ _ _   _
 -
    University of Florida                 - 2 --   r                $4AR 261987
    You are required to respond to this letter and should follow the instructions
    specified in the enclosed Notice when preparing your response. In your
    response, you should document the specific actions taken and any additional
    actions you plan to prevent recurrence. After reviewing your response to this
    Notice, including your proposed corrective actions, the NRC will determine
    whether further NRC enforcement action is necessary to ensure compliance with
    NRC regulatory requirements.
    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 Public Document Room.
    The responses directed by this letter and its enclosure are not subject to the
    clearance procedures of the Office of Management and Budget as required by the
    Paperwork Reduction Act of 1980, PL 96-511.
    Should you have any questions concerning this letter, please contact us.

'

                                               Sincerely,
                                              ORIGINAL SIGNED BY
                                              M. ERNST
                                              J. Nelson Grace
                                               Regional Administrator
    Enclosure:
    Notice of Violation
    cc w/ encl:
   CBr. W. G. Vernetson, Director
       of Nuclear Facilities
                                                                         .
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