ML20216B225
| ML20216B225 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1997 |
| From: | Beach A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Nevin J ANHEUSER-BUSCH COS., INC. |
| Shared Package | |
| ML20216B229 | List: |
| References | |
| REF-QA-99990003-970903 99990003-97-06, 99990003-97-6, EA-97-291, NUDOCS 9709050257 | |
| Download: ML20216B225 (3) | |
Text
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UNITED STATES NUCt. EAR REIULATOLY COMMISSION g
y REGloN lli 3
e 801 WARRENVILLE ROAD l
k, USLE. ILUNolS 00532-4351 September 3, 1997 EA 97 291 Mr. John Nevin, Plant Manager Anheuser-Busch, Inc.
One Busch Place St. Louis, MO 631181852
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CML PENALTY
- $2,750 (NRC INSPECTION REPORT NO. 999 90003/97006(DNMS))
Dear Mr.' Nevin:
This refers to the special safety inspection conducted from May 16 through June 23,1997, at Anheuser Busch, Inc. (ABI) in St. Louis, Missouri to review the circumstances surrounding the disposal of two industrial gauging devices which contalned 100 millicuries (3.7 GBq) of americium-241 in sealed form and the resultant loss of one source. The details of the incident are discussed in NRC Inspection Report No. 999-90003/97006(DNMS), dated June 27,1997. By letter dated July 24,1997, ABI responded to the apparent violations described in the inspection report and did not request _a predecisional enforcement conference.
Based on the information developed during the inspection and the information that ABI provided in response to the inspection report, the NRC has determined that violations of NRC requirements occurred. The violations involving the failure to properly transfer or dispose of generally licensed material and unauthorized dismantling of devices containing licensed material are cited in the enclosed Notice of Violation and Proposed _ Imposition of Civil
- Penalty, incumbent upon each company possessing byproduct material is the responsibility to protect public health and safety by ensuring that radioactive materials are controlled at all times, These violations are of significant regulatory concem because ABI personnel overlooked tags attached to the devices which specified that removal from service was to be performed only by authorized individuals.. Furthermore, the failure to effectively control material is a significant safety concem because it can lead to the inadvertent release of radioactive material to the public domain. The violation represents a failure to control access to licensed materials for radiation purposes and is categorized in accordance with the." General Statement of Policy and Procedure for NRC Enforcement Actions"(Enforcement Policy),
NUREG 1600, at Severity Level Ill,
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i J. Nevin l In accordance with the Enforcement Policy, a base civil penalty in the amount of $2,750 is considered for a Soverity Level ill violation. Because your facility has not been the subject of escalated enforcement actions within the last two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Credit was warranted in that your actions were prompt and comprehensive. The NRC recognizes that application of the civil penalty assessment process would normally not result in a civil penalty in this case, Nevertheless, the NRC is exercising discretion in accordance with Section Vll.A.1(g) of the Enforcement Policy and is proposing a civil penalty of $2,750. Discretion is being exercised because licensed material was not controlled and was released to the public domain.
Therefore, to emphasize the need to strictly control licensed material, I have been authorized, after consultation with the Director, Office of Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the base amount of $2,750 for the Severity Level lll violation.
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence and the date when full compliance was achieved is already adequately addressed on the docket in an ABI letter dated July 24,1997. Therefore, you are not required to provide any additional statement or explanation pursuant to 10 CFR 2.201 unless the description already provided does not accurately reflect your corrective actions or your position. You are required to respond to the proposed civil penalty pursuant to 10 CFR 2.205 and for that response, you should follow the directions specified in the enclosed Notico.
in accordance with 10 CFR 2.700 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room (PDR). To the extent possrale, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the POR without a redaction.
Sincerely, 0
1 kw.
A. IBill Beach
(
Regional Administrator Docket No. 990 90003 General License
Enclosure:
Notice of Violation and Proposed imposition of Civil Penalty l
e DISTRIB PUBLIC ~
_SECY CA LCallan, EDO AThadanl, DEDO LChandler, OGC JGoldberg, OGC CPaperiello, NMSS DCool, NMSS Enforcement Coordinators Rl, Ril and RIV JGilliland, OPA HBell, OlG GCaputo,01 LTremper, OC.
'TMartin, AEOD OE:ES -
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GJohnson, OC/DAF-RAO:Riti SLO: Rill PAO: Rill OC/LFDCB
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