ML20237L518
| ML20237L518 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim, 05000000 |
| Issue date: | 11/29/1984 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20237L241 | List: |
| References | |
| FOIA-87-450 50-293-84-25, 50-293-84-29, EA-84-112, NUDOCS 8708280137 | |
| Download: ML20237L518 (1) | |
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'I A_PPENDIX B NOTICE OF DEVIATION Boston Edison Company Pilgrim Nuclear Power Station Docket No. 50-293 License No. OPR-35 EA 84-112 As a result of the inspection conducted on August 6-10, and 24,1984, and in accordance with the NRC Enforcement Policy,10 CFR Part 2. Appendix C, 49 FR 8583 (March 8,1984), the following deviation was identified:
10 CFR 20.1(c) states in part: " Persons engaged in activities under licenses issued by the Nuclear Regulatory Commission... should, in addition to complying with the requirements set forth in this make every reasonable effort to maintain radiation exposures .part, .. as low as reasonably achievable." Regulatory Guide 8.8, "Infomation Relevant to Ensuring That occupational Radiation Exposures at Nuclear Power Stations Would Be As Low As Is Reasonably Achievable " '
dated June 1978, states in part in Section C.3.b.: "During operations in radiation areas, adequate supervision and radiation protection surveillance should be provided to ensure that the appropriate procedures are followed, that planned precautions are observed, and
(, that all potential radiation hazards'that might develop or that might be reco nized during the operation are addressed in a timely and appropr ate manner Contrary to the above, on August 18, 1984, and for an undetermined period of the time prior to this date, workers disassembling control rod drives in the CR0 Repair Room routinely used tools with recognized contact radiation dose rates of up to 1000 mrem / hour, and no timely and appropriate action was taken by radiation protection personnel to preclude unnecessary exposure of workers using the tools.
Boston Edison Company is hereby requested to submit to the Regional Administrator, Region I, within thirty days of the date of the letter which transmitted this Notice, a written statement or explanation in reply, including: (1) the corrective steps which have been taken and the results achieved; (2) corrective steps which will be taken to avoid further deviations; and (3) the date when corrective actions will be complete. Where good cause is shown, consideration will be given to extending this response time.
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- c NUCLEAR REGULATORY COMMISSION WASWNG TON. D. C. 20$$5
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MAY 2 41985 l
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Docket No. 030-05985 '
i License No. 37-00276-25 EA 85-57 Pittsburgh Testing Laboratory ATTN: M. Ruyan President 850 Poplar Street Pittsburgh, Pennsylvania 15220 Enclosed is an Order, effective immediately, removing Mr. Richard D. Biase11a from the position of Radiation Safety Officer at your Cleveland, Ohio facility and prohibiting his involvement in the performance or supervision of any licensed activities listed on License No. 37-00276-25. fn addition, all licensed activities at your Cleveland, Ohio facility are suspended until certain conditions are implemented as specified in Section IV.B of the enclosed Order. ]
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\ l In accordance with'10 CFR 2.790 of the NRC's'" Rules of Practice," Part 2 Title 10, code of Federal Regulations, a copy of this letter and the enclosed Order will be placed in the,NRC's Public Document Room.
The responses directed by the accompanying Order are not subject to the clearance of the Office of Management and Budget, as required by the Paperwork Reduction Act of 1980, PL 96-S11.
Sincerely, i
1 r,+
apesM. Taylor,[ rector '
Qffice of Inspection and Enforcement
Enclosure:
Order
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CERTIFIED MAIL RETURN RECEIPT REQUESTED
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UNITED STATES NUCLEAR REGULATORY COMMISSION
'l' In the Matter of PITTSBURGH TESTING LABORATORY )
850 Poplar Street Docket No. 30-05985
) License No. 37-00276-25 Pittsburgh, Pennsylvania )
EA 85 57 ORDER TO SHOW CAUSE WHY LICENSE SHOULD NOT BE SUSPENDED AND MODI (IMMEDIATELY EFFECTIVE)
I Pittsburgh Testing Laboratory, 850 Poplar Street, Pittsburgh, Pennsylvania (the" licensee")istheholderofspecificbyproductmaterialLicenseNo.
37-00275-25 (the " license") issued by the Nuclear Regulatory Commission (the "Comission" or the "NRC") pursuant to 10 C,FR Parts 30 and 34. The license authorizes the use of byproduct material for the conduct of industrial radiography and ralated activities and is due to expire on May 31, 1986.
II On August 27 and 29-31, 1984, an NRC inspection was conducted at the licensee's facilities in Cleveland, Ohio, and Pittsburgh, Pennsylvania. During the inspection, several violations of NRC requirements were identified. On February 26, 1985, an Enforcement Conference was conducted with the licensee to discuss the violations. These violations are currently under revicw by the Commission for appropriate enforcement action. As a result of investi-gations to date, the NRC has established that two individuals were pemitted to act as radiographer in the performance of licensed radiography activities in February, March, and August 1984, even though the individuals htd.not been certifin by the licensee in accordance with the licensee's procedures and 10 CFR Part 34 49g- [ [tf~f?' G / f
Specifically, on May 15, 1985, during an interview conducted 'nder oath by the NRC Office of Investigations (OI) with Mr. Richard D. Biasella, District Manager and Radiation Safety Officer (DM/RS0) for the Cleveland facility, the following was established:
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(1) The DM/RSO for the Cleveland facility assigned an individual he knew was (
not certified in accordance with the licensee's procedures and 10 CFR Part 34 to perform licensec radiography activities at a field site in Ravenna, Ohio during February and March 1984.
In addition, on August 1, 1984, he assigned another individual he knew was not certified in accordance with the licen procedures and 10 CFR Fart 34 to perform licensed activities at a field site in Warren, Ohio.
The latter individual had only been employed since July 30, 1984 with no previous radiographic experience. Further, this individual
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was given the licensee's written radiographer's assistant examination on July 30, 1984.
Subsequently, it was determined that this individual failed the examination.
(2)
The DM/RSO gave false information to an NRC inspector during the August 1
1984 inspection when, in response to' questions regarding the activities of 4
an uncertified radiographer, he informed the inspector that the individual in question had never performed duties as a radiographer and had only assisted a certified radiographer on August 2,1984. In fact, the DM/RSO had assigned the individual to perform the duties of a radiographer on August 1,1984, and was aware that the individual had conducted an independe radiographic examination on that date,and that no certified radiographer
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was present at the time the examination was performed.
j (3)
'l The DM/RSO falsified the training records of the individual who per-formed licerised radiography activities in February and Narch 1984, so as {
i to indicate that the individual had received the required training.
(4) The DM/RSO told an NRC inspector during the August 1984 inspection that radiography had never been performed on the grounds of the licensee's Cleveland. Ohio facility, when, in fact, he knew that radiography had been l
perfonned on the grounds of the licensee's Cleveland facility during !
the spring of 1984.
III In order that radiography does not create a radiation hazard to the radiographer
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othef workers and members of the public, radiographer must b trained and i
knowledgeable, and must adhere strictly to radiation safety requirements. 10 CFR !
Part 34 of the Comission's regulations establishes radiation safety requirements for radiography including specific training, testing, and documentation require-ments for individuals performing radiographic operations.
In violation of these requirements, including 10 CFR 34.31, the DM/RSO deliberately assigned uncertified individuals to perfonn radiographic operations. These actions, as well as his subsequent lack of candor with NRC inspectors, demonstrate that there is no }
reasonable assurance that the licensee will comply with Comission requirements while Mr. Riasella is the Radiation Safety Officer at the Cleveland facility. In i addition, these actions raise substantial questions regarding whether Mr. Biasella would comply with Comission requirements in the performance or supervision of i any licensed activities. '
Therefore, I am ordering: (1) the removal of Mr. Biasella
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.g from the position of Radiation Safety Officer of the Cleveland facility and from all involvement in the performance or supervision of NRC licensed activities; and (2) the suspension of all licensed activities at the Cleveland facility until the licensee can demonstrate that a qualified individual has been appointed as the Radiation Safety Officer, and authorized by the NRC, to oversee l' censed i
activities at the Cleveland facility. In view of 'he t potential for serious adverse effects to the health and safety of the public from the use of uncertified individuals to perform licerised radiography activities and in view of Mr. Biase11a' !
willingness to use such individuals I have determined pursuant to 10 CFR 2.202(f) that the public health and safety require that these actions be immediately effecti IV Accordingly, pursuant to Sections 81,161(b),161(1),182, and iB6 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 30 and 34. IT IS HEREBY ORDERED IMMEDIATELY:
A.
1.icense No. 37-00276-25 is amended by adding the following condition:
Mr. Richard IT. Biasella shall not serve as a Radiation Safety Officer or in any other position involving the performance or supervision of any licensed activities including the supervision of any Radiation Safety Officer.
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B.
All licensed activities at, or originating from, the licensee's Cleveland, Ohio facility are suspended until such time as:
- 1. A qualified Radiation Safety Officer has been selected and
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assigned to replace Mr. Richard D. Biase11a; I
- 2. A description of the qualifications of that individual has been submitted to the Regional Administrator, NRC Region I; and
- 3. The license has been amended to authorize the individual to perform the functions of the Radiation Safety Officer for the Cleveland, Ohio facility.
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C. The licensee President shall notify in writing all personnel involved in I
the perfomance and supervision of licensed activities at any District Office of this Order and of the importance of strict adherence to NRC f requirements and complete candor with NRC personnel. The licensee shall certify to the NRC that each District Manager and RSO has read the notification and Order, cod understands their contents.
- D.
The Regional Administrator, Region I, may relax or rescind any of the above provisions upon demonstration of good cause by the l licensee.
V The licensee may show cause why this Order should not have been issued and should be vacated by filing a written answer under oath or affirmation within i 20 days of the date of this Order which sets forth the matters of fact and law on which the licensee reites. The licensee may answer as provided in a
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- 10 CFR 2.202(b) by consenting to this Order. Upon the failure of the licensee to answer within the specified time, this Order shall be final without further proceedings.
5 The licensee or any other person who has an interest affected by this Order may request a hearing on this Order within 20 days of the date of its issuance.
Any answer to this Order or request for hearing shall be submitted to the Director, Office of Inspection and Enforcement. U.S. Nuclear Regulatory Com-mission. Washington. D.C. 20555. Copies shall also be sent to the Executive Legal Director at the same address and to the Regional Administrator, NRC Region I, 631 Park Avenue, King of Prussia, Pennsylvania 19406. If a person ,
other than the licensee requests a hearing,'that person shall describe speci-fica 11y in accordance with 10 CFR 2.714(a)(2), the nature of the person's
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interest and the manner in which that interest is affected by this Order. !
AN ANSWER TO THIS ORDER OR A REQUEST FOR HEARING SHALL EFFECTIVENESS OF SECTION IV 0F THIS ORDER.
If a hearing is requested, the Comission will issue ar. Order designating the time and place of any hearing. If a hearing is held, the issue to be con-
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sidered at such a hearing shall be whether this Order should be sustained.
FOR THE NUCLEAR REGULATORY Col #i!SSION J A
h t b s s=M. Tay' lor firector fice of Ins ction and Enforcement ,
Dated at Bethesda, Maryland
- this/fayofMay1985 i i