ML20246E601

Notice of Violation from Insp on 890710-14.Violation Noted:From 890101-0712,only Three of Seven Shipments of Nonexempt Radioactive Matls Had Current License on File

ML20246E601
Person / Time
Site:	Fort Saint Vrain
Issue date:	08/21/1989
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20246E598	List: IR 05000267/1989014 ML20246E594 ML20246E601
References
50-267-89-14, NUDOCS 8908290225
Download: ML20246E601 (1)

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t. 1 APPENDIX A ,

i NOTICE OF VIOLATION Public Service Company of Colorado Docket: 50-267 Fort St. Vrain (FSV) Operating License: DPR-34 1

During an NRC inspection conducted during July 10-14, 1989, a violation of NRC l requirements was identified. The violation involved the failure to verify that

! a transferee's NRC or Agreement State License authorized possession of the type, form, and quantity of byproduct material transferred. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

10 CFR Part 2, Appendix C (1989), the violation is listed below:

Transfer of Byproduct Material Section 1.I of the FSV Facility Operating License states, in part, that "The receipt, possession and use of byproduct . . . materials as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Parts 30, 40 . . . ." Paragraph (c) of 10 CFR Part 30.41, " Transfer of Byproduct Material," states, in part, that "Before transferring special nuclear material to a . . . licensee of an Agreement State . . . the licensee transferring the material shall verify that the transferee's license authorizes receipt of the type, form, and quantity of special nuclear material to be transferred." Paragraph (d) identifies five different physical methods of verifying that the transferee's license authorizes such possession. Only in emergency shipments / transfers is the transferer authorized to use oral verification by the transferee as to license conditions.

Contrary to the above, the inspector determined on July 12, 1989, that during the period January 1 through July 12, 1989, the licensee had made approximately seven shipments of nonexempt radioactive materials and of these seven shipments, the licensee only had a current license on file for three of the recipients. The licensee had relied on verbal verifications from the recipients for the most part. These shipments do not qualify as emergency type shipments as defined by 10 CFR Part 30.41.

This is considered a Severity Level V violation. (Supplement IV)

(267/8914-01)

Due to the low safety significance of this violation, the expedient, comprehensive, and seemingly effective corrective actions taken by the licensee, and the inspector's determination that the licensee's corrective actions will prevent a future recurrence of this violation, it will not be necessary for the licensee to respond, in writing, to this violation.

8908290225 890821 PDR ADOCK 05000267 Q PDC l