ML20215D607

Discusses Insp on 860609-12 & Forwards Notices of Deviation & Violation & Proposed Imposition of Civil Penalty.W/O App B (Ref 10CFR73.21)

ML20215D607
Person / Time
Site:	05000072, University of Utah
Issue date:	10/06/1986
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Brophy J UTAH, UNIV. OF, SALT LAKE CITY, UT
Shared Package
ML20215D610	List: ML20215D607 ML20215D619 ML20215D627
References
EA-86-136, NUDOCS 8610140227
Download: ML20215D607 (3)

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Docket Nos.50-072' 50-407 License Nos. R-25 R-126 EA 86-136 University of Utah ATTN: Dr. James'J. Brophy Vice President of Research Salt Lake City, Utah

SUBJECT:

NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES (NRC INSPECTION REPORT NOS. 50-072/86-01 and 50-407/86-01) i Th'is refers to the inspection conducted on June 9-12, 1986 of the activities authorized by NRC Operating License Nos. R-25 and R-126 at the University of Utah, Salt. Lake City, Utah. During this inspection, both violations of NRC requirements and a deviation from a commitment made to the NRC were identified.

NRC Inspection Reports 50-72/86-01 and 50-407/86-01, which documented the in-spection findings, were sent to you on July 14, 1986. An enforcement conference to discuss the inspection findings was held at your office on July 21, 1986.

The violations in the enclosed Notice of Violation involve transportation, health physics, safeguards, and operation violations. The transportation i violations result from radioactive material in the form of a TRIGA reactor core component being transported from the University of Utah campus to a location in Salt Lake City for maintenance and back to the university without shipping papers, proper labeling, or radiological surveys to determine external radiation or contamination limits. The health physics violations involve the failure to perform adequate surveys and the failure to maintain control of the TRIGA reactor core component. Three safeguards violations involving failure to comply with the Physical Security Plan and four violations involving the operation of the TRIGA reactor were also identified. Collectively, these violations demon-strate the need for improved control of your licensed activities to ensure adherence to NRC requirements and safe performance of licensed activities.

To emphasize the need for improved control of your licensed activities, I have been authorized, after consultation with the Director, Office of Inspection and Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalties in the amount of Three Thousand Dollars ($3,000) for the violations described in the enciesed Notice. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1986) (Enforcement Policy), the violations grouped in sections I.A and I.B of the enclosed Notice have been collectively categorized as Severity Level III violations under Supplements V and IV, respectively. The base value of a Severity Level III violation for a Supplement V violation is $500 and for a Supplement IV violation is $2500. The escalation and mitigation factors in the 8610140227 860929 PDR ADOCK 05000072

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REMOVAL OF1HE PAGES MARKED "SAFEGUAROS INFODU ATIOM DECONTROLS THE REMAINDER OF THIS Ouw.e.Y.

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University of Utah Enforcement Policy were considered and no adjustment has been deemed appropri-ate. The base civil penalty amounts for the violations could have been increased because multiple occurreacca were identified, but they were not increased because of your prior record of good performance. The violations in Part II of the Notice have been characterized as Severity Level IV violations.

The inspection findings also indicate the failure to implement a commitment regarding personnel exposure records and this matter is discussed in the enclosed Notice of Deviation in Appendix C.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notices 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 these Notices, 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 rection 2.790 of the NRC's " Rules of Practice," Part 2, Title 10. Code of Federal Regulations, a copy of this letter and its enclosures, except t,ppendix B, will be placed in the NRC Public Document Room.

Appendix B contains Safeguards Information as defined by 10 CFR Part 73.21.

Its disclosure to naauthorized individuals is prohibited by Section 147 of the Atomic Energy Act of 1954, as amended.and this material will not be placed in the Public Document Room. Therefore, in your response to this letter and Ap-pendix B, place all Safeguard Information in a separate enclosure.

The responses directed by this letter and the enclosed Notices are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, FL 96-511.

Sincerely, OrlhrPalaigned kJburt D. vary 3;,'.

Robert D. Martin Regional Administrator

Enclosures:

Appendix A - Notice of Violation and Proposed Imposition of Civil Penalties Appendix B - Notice of Violation Appendix C - Notice of Deviation ec w/o Appendix B:

Utah Radiation Control Program Director REMOVAL OF THE PAGES MARKED " SAFEGUARDS INFO QECONTROLS THE FG/AINCER OF TH6S DOCUMtEN T.

L University of Utah DISTRIBUTION bec w/o Appendix B:

SECY CA JMTaylor, IE RStarostecki, IE JLieberman, OGC FIngram, PA JCrooks, AEOD BHayes, OI SConnelly, OIA DNussbaumer, OSP H. Denton, NRR IE:ES File IE:EA File BSummers, IE (1tr hd)

DCS bec w/ enclosures:

JAxelrad, IE Enforcement Officers RI, RII, RIII, RV J. Cibson, SSPD/NRR RBurnett, NMSS r DESIGNATEILORIGIN4 RIV Distribution w/ enclosures:

R. Martin, RIV f ed By .

/7 [t '# Me EP&SPS Section Chief, FRPS Inspector (2 copies)

RIV Security Files DPowers l RIV Distribution w/o Appendix B:

Div. Director (DRSP) C. Wisner

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