ML20246A688
| ML20246A688 | |
| Person / Time | |
|---|---|
| Issue date: | 08/21/1989 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | GRAND HAVEN BOARD OF LIGHT & POWER |
| Shared Package | |
| ML20246A677 | List: |
| References | |
| REF-QA-99900003 NUDOCS 8908230114 | |
| Download: ML20246A688 (5) | |
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1 UNITED STATES.
NUCLEAR REGULATORY COMMISSION
'In the Matter of Docket No. 999-90003 Grand Haven Board of General License Light and Power EA 89-060-Grand Haven, MI -49417
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ORDER IMPOSING CIVIL HONETARY PENALTY I
Grand daven Board of Light and Power (if censee) is authorized to possess' and use density / thickness gauges containing byproduct material pursuant to 'the general license provisions of.10 CFR 31.5.
Pursuant to this authority the licensee possessed six byproduct material (cesium-137 sealed sources) gauging devices at its J. B. Sims Generating Station.
II A special inspection of the licensee's activities was conducted on February 22, 1989 in response to allegations received by the NRC Region III office concerning the inadequate storage of gauges containing byproduct material at the J. B. Sims Station. The inspection disclosed that the 1
licensee had not conducted its activities in full compliance with NRC requirements. A written Notice of Violation and Proposed Imposition of Civil Penalty was served upon the licensee by letter dated May 3,1989. The Notice states the nature of the violations, the provisions of the NRC requirements I
that the licensee had violated, and the amount of the civil penalty proposed for the violations.
The licensee responded to the Notice of Violation and 1
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Proposed Imposition of Civil Penalty by letter dated May 25, 1989.
In its response the licensee admitted the violations and asked that the civil penalty be reduced.
III After consideration of the licensee's response and the statements of fact and argument for reconsideration contained therein, the Deputy Executive Director for Nuclear Material Safety, Safeguards, and Operations Support has determined,- as set forth in the Appendix to this Order, that the penalty _
proposed for the violations designated in the Notice of Violation and Proposed Imposition of. Civil Penalty should be imposed.
'IV In view of the foregoing, and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:
The licensee pay a civil penalty in the amount of Five Hundred Dollars
($500) within 30 days of the date of this Order, by check, draft, or money order, payable to the Treasurer of the United States and mailed to the Director, Office 'of Enforcement, U.S. Nuclear Regulatory Commission, ATTN:
Document Control Desk, Washington, D.C. 20555.
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' The licensee may request a hearing within 30 days of the date of this Order.
A request for a hearing should be clearly marked as a " Request for an Enforcement Hearing" and shall be addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Comission, ATTN:
Document Control Desk, Washington, D.C. 20555. A copy of the hearing request shall also be sent to the Assistant General Counsel for Hearings and Enforcement, Office of. General Counsel, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, and to the Regional Administrator, U.S. Nuclear Regulatory Comission, Region III, 799 Roosevelt Road, Glen Ellyn, Illinois 60137.
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If a hearing is requested, the Comission will issue an Order designating the time and place of the hearing.
If the licensee fails to request a hearing within 30 days of the date of this Order, the provisions of this Order shall be effective without further proceedings.
If payment has not been made by that time, the matter may be referred to the Attorney General for collection.
In the event the licensee requests a hearing as provided above, the issues to be considered at such hearing shall be whether, on the basis of such violation, this Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION Hug L. Thompson Jr.
ep ty Executiv Dir et for ear Materials Sa y, Safeguards, and Operations Support Dated at Rockville, Maryland, F
this.4/ day of August 1989
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APPENDIX EVALUATIONS AND CONCLUSIONS l
On May 3, 1989, a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) was issued for violations identified during an NRC inspection.
Grand Haven Board of Light and Power responded to the Notice on May 25, 1989.
In its response, the licensee aduitted the violations as set forth in the Notice, but reques.ted reconsideration of the civil penalty based on statements concerning their corrective actions. The NRC's evaluation and conclu0 ion regarding the licensee's request for reconsideration of the civil penalty are addressed below.
Summary of Licensee's Response The licensee admitted the violations in the Notice.
The licensee restated the corrective actions previously described in the NRC Inspection Report forwarded to them on March 16, 1989, and updated the implementation status of those corrective actions. The licensee also described in its May 25, 1989, letter some management controls it implemented to ensure long term correction of the violations. The licensee requested reconsideration of the civil penalty based on statements concerning initiation of corrective actions, followup of job responsibilities, and implementation of a preventative maintenance program to prevent recurrence of problems.
NRC Evaluation of Licensee's Response In determining the amount of civil penalty for the identified violations, the NRC evaluated the six factors for escalation and mitigation outlined in 10 CFR, Part 2, Appendix C (1989) (Enforcement Policy). Our conclusion that the base civil penalty of Five Hundred Dollars ($500) should not be adjusted, was based on these six factors. The licensee focused its request for mitigation of the proposed civil penalty on the factor dealing with " Corrective Action to Prevent Recurrence." That factor recognizes that corrective actions are always required to meet regulatory requirements.
In situations where the licensee acts promptly in taking very extensive corrective actions, including actions to prevent recurrence, the civil penalty may be mitigated 50 percent.
In this case, while we recognize the final corrective actions appear adequate to prevent recurrence, the initial relocation of the gauges to a secure storage location was at the request (telephonic) of the NRC and the implementation of long term management controls to prevent recurrence occurred after discussion of the need for that type of control during the enforcement conference. Therefore, mitigation of the civil penalty, based on both the immediate and long term corrective actions taken, was not considered warranted.
NRC Conclusion An adequate basis for mitigation of the civil penalty was not provided by the licensee based on its corrective actions.
Consequently, the proposed civil penalty in the amount of $500 should be imposed.
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