ML20211Q992

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $1,250.Violations Noted:Nonsecured Experiment Removed from Reactor Core Position B-5 While Reactor Operating

ML20211Q992
Person / Time
Site:	05000128
Issue date:	07/22/1986
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20211Q976	List: ML20211Q970 ML20211Q992
References
EA-86-105, NUDOCS 8607280076
Download: ML20211Q992 (3)

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h0TICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Texas A&M University Docket No. 50-128 College Station, Texas License No. R-83 EA 86-105 During an NRC inspection conducted on May 5, 1986, violations of NRC requirements were identified.

In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986), the Nuclear Regulatory Commission proposes to inpose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, ("Act"), 42 U.S.C. 2282, PL 96-295, and 10 CFR 2.205.

The particular violations and associated *kivil penalty are set forth below:

A.

Technical Specification (TS) 3.6.1(a) requires that during reactor operation non-secured experiments shall have a reactivity worth of less than one dollar.

Contrary to the above, on March 10, 1986, and on May 1, 1986, a non-secured experiment (boron rotisserie - experiment 86-123) which had a reactivitiy worth of approximately $1.08 was removed from reactor core position B-5 while the reactor was operating.

B.

TS 4.6.c requires that the reactivity worth of an experiment be estimated or measured, as appropriate, before operating the reactor with the experiment installed.

Contrary to the above, on March 10, 1986, and again on May 1, 1986, the reactor was operated with an experiment (the boron rotesserie -

experiment 86-123) installed without the reactivity being adequately estimated or measured.

C.

TS 6.6.2 requires that for any reportable occurrence defined in Section 1.2[9] of the TS, a report shall be made to the NRC Region IV Office by telephone no later than the following working day and shall be followed by a written report that describes the circumstances of the event within 14 days of its occurrence.

TS Section 1.29 defines a reportable occurrence in paragraph (b) as operation in violation of limiting conditions for operation (LCO) established in the TS and in paragraph (d) as an unanticipated or uncontrolled change in reactivity greater than one dollar.

Contrary to the above, on March 10, 1986, a reportable violation of TS occurred in that the reactor experienced an unanticipated change in reactivity of $1.08, but a report was not made to NRC Region IV by telephone on the following work day nor was a written report describing the circumstances of the event forwarded within 14 days of its occurrence.

These violations are evaluated in the aggregate as a Severity Level III problem (Supplement I).

(Civil Penalty - $1,250 assessed equally among the violations.)

8607280076 860722 PDR ADOCK 05000128 G

PDR

Notice of Violation ; g 3;;,c, Pursuant to the provisions of 10 CFR 2.201, Texas A&M University is hereby required to submit to the Director, Office of Inspection and Enforcement, U.S.

Nuclear Regulatory Commission, Washington, D.C. 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, 611 Ryan Plaza Drive, Suite 1000, Arlington, Texas 76011, within 30 days of the date of this Notice a written statement or explanation, including for each alleged violation:

(1) edmission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps that 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. If an adequate reply is not received within the time specified in this No ice, the Director, Office of Inspection and Enforcement, may issue an order to how cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 2.201 Texas A&M University may pay the civil penalty by letter addressed to the Director, Office of Inspection and Enforcement, with a check, draf t, or money order payable to the Treasurer of the United States in the cumulative amount of One Thousand Two Hundred Fifty Dollars ($1,250) or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Office of Inspection and Enforcement. Should Texas A&M University fail to answer within the time specified, the Director, Office of Inspection and Enforcement, will issue an order imposing the civil penalty in the amount proposed above.

Should Texas A&M University elect to file aa answer in accordance with 10 CFR 2.205 protesting the civil penalty, such answer may:

(1) deny the violations listed in this Notice in whole or in part, (2) demonstrate extenuating circum-stances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the five factors addressed in Section V.B of 10 CFR Part 2, Appendix C should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201 but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition. Texas A&M University's attention is directed to the other provisions of 10 CFR 2.205, regarding the procedure for i

imposing a civil penalty.

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Notice of Violation fl 2 2 N Upon failure to pay any civil pensity due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, msy be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282.

FOR THEiNUCLEAR REGULATORY COMMISSION

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'I. ll il diL Robert D. Martin g

Regional Administrator Dated at/ Arlington, Texas, this fy" day of July, 1986.

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