ML20206E438
| ML20206E438 | |
| Person / Time | |
|---|---|
| Site: | 07001718 |
| Issue date: | 10/28/1988 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Mordoh H SHADYSIDE HOSP., PITTSBURGH, PA |
| Shared Package | |
| ML20206E442 | List: |
| References | |
| EA-88-188, NUDOCS 8811180077 | |
| Download: ML20206E438 (3) | |
Text
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October 28, 1988 Docket No,
<0-01718 License No.
SNM-1531 EA 88-188 Shadyside Hospital ATTN: Mr. Henry Mordoh President 5230 Centre Avenue Pittsburgh, Pennsylvania 15232 Gentlemen:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY (NRC Inspection Report No. 70-01718/87-01 and Office of Investigations Report No. 1-87-012)
This letter refers to the NRC safety inspection conducted on April 15, 1987 of activities authorized by NRC License No. SNM-1531, and to the subsequent investigation conducted by the NRC Office of Investigations (01).
The inspec-tion report, and synopsis of the OI investigation report, wer6 forwarded to you on July 19, 1988. During the inspection and investigation, a violation of NRC requirements was identified. On July 29, 1988, an enforcement conference was conducted in the NRC Region I office with Mr. David Martin and other members of your staff during which the violation, its causes, and your corcective actions were discussed.
The violation, ihich is described in the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice), involved the failure to recover and return a nuclear pacemaker to the manufacturer upon the death of an individual.
The pacemaker accompanied a deceased individual to a funeral home after he died.
It should also be noted that as a result of your failure to recover and return the nuclear pacemaker to the manufacturer, the pacemaker was disposed of by the funeral home in the normal trash, a method of disposal not authorized by the license or NRC regulations.
Although a member and/or a former member of your staff apparently contacted the pacemaker manufacturer and requested that an appropriate shipping container for the return of the pacemaker be sent to the funeral home, Shadyside Hospital did not assure that the pacemaker, for which it still had responsibility, was returned to the manufacturer, as required by your license.
Furthermore, inaccurate information was provided to the NRC in an undated letter signed by your then Assistant Administrator and received ti. Region I on January 2, 1986, The letter indicated that the pacemaker had been returned to the manufacturer, when, in fact, the pacemaker had remained at the funeral home, where, after several months, it was discarded in the normal trash.
These events demonstrate that Shadyside Hospital did not exercise adequate control of, or attention to, the activities authorized by its license.
The NRC is CERTIFIED Malt.
REfDRN REiT!Pf REQUESTED k\\
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OFFICIAL RECORD COPY CP PKG SHADYSIDE REV3 - 0001.0.0 ggt 1180077 801023 10/28/88 REul t.1C70 SNM-1531 PDC
.o Shadyside Hospital particularly concerned that any reasonably timely follow-up effort to contact the manufacturer or the funeral home could have prevented the improper disposal, Therefore, to emphasize the importance of maintaining adequate management control of all licensed materials and activities, I have been authorized, after consultation with the Commission, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of Two Thousand Five Hundred Dollars ($2,500) for the violation set forth in the enclosed Notice.
In i
accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (Enforcement Policy) (1988),
the violation set forth in the Notice has been classified at Severity Level III. The base civil penalty for a Severity Level III violation is 52,500.
The escalation and mitigation factors were considered and no adjustment has been deemed appropriate.
In addition, with respect to the transmittal of inaccurate information to the NRC in 1986, the NRC emphasizes that all information provided to the NRC must be complete and accurate. Submittal of such information in the future will constitute a vio'..; Nn of 10 CFR 30.9 which became effective on February 1 1988, and escals ted *nforcement action will be considered.
You are requir.d te respond to this letter and should follow the instructions in the enclosed Notice when preparing yrur response.
In your re ponse, you should document the specific actions taken and any additional actions you plan to prevent recurrence.
In addition, your response to this letter should describe the charges that have been made and actions that have been or will be implemented to ensure licensed activities are conducted in accordance with i
the license, and information submitted to the NRC is complete and accurate.
I After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with 10 CFR 2.790 of the NRC's dRules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC's Public Document Room.
t The responses directed by this letter and the enclosed Notice are not subject
)
to the clearance procedures of the Office of Management and Budget as required i
by the Paperwork Reduction Act of 1980, PL 96-511.
l Sincerely, i
t ORIGINAL sica gy:
JA.TS f,4 4LAN i
I 1ddm ator l
Enclosure:
Notice of Violation and l
Proposed Imposition of Civil Penalties cc's: See next pcge l
0FFICIAL RECORD COPY CP PKG SHADYSIDE REV3 - 0002.0.0 l
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Shadyside Hospital 4 cc w/encls:
Public Document Room (PDR)
Nuclear Safety Information Center (NSIC)
Commonwealth of Penrsylvania Karen Arcidiacono, Hospital Counsel and Director of Corporate Risk Management DISTRIBUTION:
Regional ! Docket Room (w/ concurrences)
SECY Congressional Affairs J. M. Taylor, DEORO J. Lieberman, OE W. T. Russell, RI D. Holody, RI L. Chandler, 000 Enforcement Directors, RII-RIII F..forcement Officers, RIV-RV
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