ML20206D385

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Notice of Violation from Insp on 870316-18
ML20206D385
Person / Time
Site: North Carolina State University
Issue date: 04/02/1987
From: Reyes L
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20206D366 List:
References
50-297-87-01, 50-297-87-1, NUDOCS 8704130318
Download: ML20206D385 (3)


Text

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ENCLOSURE 1 NOTICE OF VIOLATION North Carolina State University Docket No. 50-297 Pulstar Reactor License No. R-120 During the Nuclear Regulatory Comission (NRC) inspection conducted on March 16-18, 1987, violations of NRC requirements were identified. The violations involved failure to post required documents; failure to comply with Department of Transportation requirements for transportation of radioactive materials and failure to verify that the intended recipient of byproduct material was authorized to receive the type, form, and quantity of material to be transferred. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2. Appendix C (1986), the violations are listed below:

A. 10 CFR 71.5(a) requires each licensee who transports licensed materials outside the confines of its plant or other place of use, to comply with the applicable requirements of the regulations of 00T in 49 CFR Parts 170 through 189.

49 CFR 172.200, Subpart C, requires each person who offers a hazardous material for transportation to describe the hazardous material on shipping papers as specified in Subpart C.

49 CFR 173.421(b) states that radioactive material whose activity per package does not exceed the limited quantity amounts specified in 49 CFR 173.423 are excepted from the specification packaging, shipping paper and certification marking, and labeling requirements of 49 CFR if the radiation level at any point on the external surface of the package does not exceed 0.5 millirem per hour.

49 CFR 173.421-1 states that a limited quantity radioactive material prepared for shipment under the provisions of 49 CFR 173.421 and 173.423 must be certified as being acceptable for transportation by having a notice enclosed in or on the package, included with the packing list or otherwise forwarded with the package which must include the name of the consignee or consignor and the statement, "This package confonns to the conditions and limitations specified in 49 CFR 173.421 for excepted radioactive material, limited quantity, n.o.s., UN2910."

Contrary to the above, D0T requirements for transportation of radioactive material were r.ot met in that:

1. Shipping papers for radioactive material offered for transportation did not specify the proper shipping name, hazard class, identification number, total quantity, type of packagirg or the 8704130318 870402 PDR ADOCK 05000297 G PDR

North Carolina State University Docket No. 50-297 Pulstar Reactor 2 License No. R-120 chemical and physical form on January 11, 12, and 15, 1985, February 7,1985, February 25, 1986, and April 7, 1986.

2. Radioactive Material Shipment No. 8 was shipped on June 6,1986, as a limited quantity shipment but failed to meet the dose rate limit of 0.5 millirem per hour on the external surface of the package in that the measured dose rate of the package was 0.9 millirem per hour.
3. Radioactive Material Shipments No. 8 on June 6,1986, and No. 7 on April 7, 2986, were shipped as radioactive material, limited quantity, n.o.s., UN2910 but did not contain in or on the package, included with the packing list or otherwise fomarded with the package, a notice specifying either the name of the consignor or consignee and the statement of certification as required.

This is a Severity Level IV violation (Supplement V).

B. 10 CFR 30.41(c) states that before transferring byproduct material to a specific licensee of the Comission or an Agreement State or to a general licensee who is required to register with the Comission or with an Agreement State prior to receipt of the byproduct material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form and quantity of byproduct material to be transferred.

Contrary to the above, verification of the type, form, and quantity of byproduct material authorized to be received by the transferee's license was not performed in that four shipments of irradiated gemstones on October 4,1985, February 25,1986, April 7,1986, and June 6,1986, were transported to a client whose license did not authorize the receipt of byproduct material in the form of gemstones.

This is a Severity Level IV violation (Supplement V),

C. 10 CFR 19.11 requires each licensee to conspicuously post current copies of (1) 10 CFR Parts 19 and 20; (2) the license; (3) operating procedures; and (4) Form NRC-3, in sufficient places to permit individuals engaged in licensed activity to observe them on the way to and from any licensed activity location. If posting the documents specified in (1), (2), and (3) is impracticable, the licensee may post a notice which describes the document and states where they may be examined.

Contrary to the above, on March 17, 1987, the required documents were not conspicuously posted nor was a notice posted describing the documents and stating where they may be examined.

This is a Severity Level V violation (Supplement IV).

Pursuant to the provisions of 10 CFR 2.201, North Carolina State University is hereby required to submit to this Office within 30 days of the date of the letter transmitting this Notice a written statement or explanation in reply

North Carolina State University Docket No. 50-297 Pulstar Reactor 3 License No. R-120 including for each violation: (1) admission or denial of the violation, (2) the reason for the violation if admitted, (3) the corrective steps which have been taken and the results achieved, (4) the corrective steps which will be taken to avoid further violations, and (5) the date when full compliance will be achieved. Where good cause is shown, consideration will be given to extending the response time.

FOR THE NUCLEAR REGULATORY COMMISSION Lu s A Reyes, Director Division of Reactor Projects Dated at Atlanta, Georgia this 2nd day of April 1987 l

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