ML20246G328

Forwards Order Imposing Civil Monetary Penalty in Amount of $2,500 for 880726 & 0801 Malfunction of Gas Stack Monitor & Failure to Record 870603 Malfunction of Gas Stack Monitor in Malfunction Log Book

ML20246G328
Person / Time
Site:	Armed Forces Radiobiology Research Institute
Issue date:	08/22/1989
From:	Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Irving G DEFENSE, DEPT. OF, DEFENSE NUCLEAR AGENCY
Shared Package
ML20246G331	List: ML20246G328 ML20246G339
References
EA-88-289, NUDOCS 8908310310
Download: ML20246G328 (2)

Text

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NUCLEAR REGULATORY COMMISSION ,

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W iDo'cket Noi :50-170 ~

! License No'~ R .

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@ lDefenseNuclea'rl Agency L- ' Armed' Forces Radiobiology-

.' Research -Institute l ATTN:1'. Colonel George Irving, III 7

USAF, BSC4

LDirector b< ,

L Bethesda,: Maryland 120814-5145 -

Gentlemen:4 u '

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Subject:

1 ORDER IMPOSING A' CIVIL MONETARY PENALTY

, :This. letter refers to your two letters. dated May 4, .1989 and letter dated p' ' June-29L 1989, in response to the Notice of Violation and Proposed Imposition-

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p of Civil-Penalty .(Notice) sent to you by letter dated March 22, 1989.- Our

letterTand Notice described violations identified during NRC Inspection No.

88-01, conducted in'0ctober and November 1988,: as well-as during the NRC - J

> review.of the findings made by the Area Director'of the United States Department Lof Labor; (DOL) Wage and Hour. 0ffice in Baltimore,; Maryland concerning a complaint-

~ filed with DOL by a former employee alleging discrimination for raising safety concerns.

^The violations were' classified in the aggregate as a Severity Level III problem and a civil penalty'in;the' amount of $2,500 was proposed to emphasize the need

'for increased and improved management attention to facility operations to

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e ensure that (1) deficiencies, when they exist, are promptly identified and corrected, and (2) individuals who identify these concerns' feel free to raise them to management without. fear'of reprisal.

In your response;to the Notice, ~you admit the occurrence of two of the viola-tions:(Violations A and C),: admit two of the five examples of a third violation (Vio7ationB.3andB.4),:denythe'remainingthree_examplesofthatviolation (Violation ~B.I.a,' B.I.b, and B.2), and deny one violation (Violation D).

~ Further, you request that the civil penalty not be imposed, for the reasons N described in your response ~and summarized in the Appendix to the enclosed Order

. Imposing a. Civil Monetary Penalty. Your June 20, 1989 letter withdrew your arguments regarding the' constitutionality of- the civil penalty proposed by the y NRC. - After. careful consideration of your response, we have concluded, for the L reasons given in the. Appendix, that the violations did occur as stated in the Notice.and a sufficient' basis was not provided for mitigation of the amount of

-the civil: penalty.. Accordingly, we hereby serve the enclosed Order on the

' Defense Nuclear Agency imposing a civil monetary penalty in the amount of Two Thousand Five Hundred Dollars. We will review the effectiveness of your L  ! corrective actions during a subsequent inspection.

CERTIFIED MAIL:

ItETURR TECEIPT REQUESTED' g i

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In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2, i Title _10, Code of Federal Regulations, a copy of this letter and the

enclosures will be placed in the NRC's Public Document Room.

Sincerely,

/7Q'Il Hg L. Thompsen, ty Executive ir ctor for

'N ulear Materials afety, Safeguards and Operations Support

Enclosures:

1. Order Imposing Civil Monetary Penalty 2._. Appendix - Evaluation and Conclusion cc w/encls:

M. L. Moore, Reactor Facility' Director Public Document Room (PDR)

Local Nuclear Safety Public Document Information CenterRoom (LPDR) (NSIC)

State of Maryland (2) l