ML20235U801
| ML20235U801 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 03/02/1989 |
| From: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20235U799 | List: |
| References | |
| 50-313-88-41, 50-368-88-48, EA-88-283, NUDOCS 8903090377 | |
| Download: ML20235U801 (3) | |
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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Arkansas Power & Light Company Docket Nos.: 50-313 Arkansas'NuclearOne(ANO) 50-368-License Nos: DPK-51 NPF-6 EA No.:
88-283 During NRC inspections. conducted on November 3-4 and November 28-29,.1988, 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_(1988), the Nuclear Regulatory Commission proposes'to impose a civil penalty pursuant to Section 234c of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The particular violations and associated civil penalty are set forth below:
A.
Violations Assessed A Civil Penalty 1.
10 CFR'20.101(a)-limits the whole body exposure of an individual in a restricted area to 1.25 rems per calendar quarter, except as provided by 10 CFR 20.101(b). 10 CFR 20.101(b) allows a whole body.
exposure of 3 rems per calendar quarter provided specified conditions are met.
Contrary to the.above, on November 2,1988, an individual working under the "B" steam generator at ANO, Unit 1, in a restricted area, received a whole body dose of 3.216 rems, resulting in a cumulative whole body dose.for the ouarter of 4.546 rems.
2.
10 CFR 20.201(b) requires that each licensee make such surveys as (1) may be necessary to comply with the requirements of Part 20 and (2) are reasonable under the circumstances. As defined in 10 CFR 20,201(a), " survey" means an evaluation of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a specific set of conditions.
Contrary to the above, on November 2,1988, surveys performed by health physics technicians evaluating radiation hazards incident to the work.being performed beneath the "B" steam generator at ANO,.
Unit 1, were not adequate in that they failed to identify radiation.
sources that resulted in an individual exceedino the quarterly whole bodyradiationexposurelimitsof10CFR20.101(b).
These~ violations are considered collectively as a Severity Level III violation (SupplementIV).
Cumulative Civil Penalty - $25,000 (assessed equally between the violations) 8903090377 890302 5
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Notice of. Violation B.
Violations Not Asseised A Civil Penalty 1.
10 CFR 20.101(a) limits the exposure to the skin of the whole body of an individual in a restricted area to 71 rems per calendar.
quarter.
Contrary to the above, on November 23, 1988, an individual working around the main steam isolation valves, a restricted area, in ANO, Unit 1, received an exposure of 61 rems to the skin due to the presence of a hot particle.
This is a Severity Level IV violation (Supplement IV).
2.
10 CFR 19.12 requires in part that all individuals working in or frequenting any portion of a restricted area be instructed in the health protection problems associated with exposure to such radioactive materials or radiation and in precautions or procedures to minimize exposure.
Contrary to the above, an individual working near the main steam isolation valves, a restricted area (and receiving an overexposure to the skin), on November 23, 1988, was not properly instructed in the precautions to minimize exposure included on Radiation Work Permit 882154 and, therefore, did not exercise the proper measures of monitoring for possible contamination when exiting the area in which he was working.
This is a Severity Level IV violation (Supplement IV).
Pursuant to the provisions of 10 CFR 2.201, Arkansas Power & Light Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a
" Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission 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 that will be taken to avoid further violations,and(5)thedatewhenfullcompliancewillbeachieved.
If an adequate reply is not received within the time specified in this Notice, an order may be issued to show 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, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Conunission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or may protest imposition of
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Notice of, Violation.
the civil penalty in whole or in part by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part such answer should be clearly marked as an " Answer to a Notice of Violation and may:
(1) deny the violations listed in this Notice in whole or in part (2) demonstrate extenuating circumstances, (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 six factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988) 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. The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civil penalty due which subsequently has been 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, may be collected by civil action pursuant to Section 234c of the Act, 42 U.S.C. 2282c.
The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation letter with payment of civil penalty, and answer to a Notice o. Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C.
20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV, and a copy to the NRC Resident Inspector at the facility which is the subject of this Notice.
FOR THE NUCLEAR REGULATORY COMMISSION Adh kd Robert D. Martin Regional Administrator Dated at Arlington, Texas, this 2nd day of March 1989.
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