ML20246P520

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000.Violations Noted:On 890508-10,high Pressure Water Pump Used W/O Procedures for Contamination Control & on 890511,shipment Contained Contaminated Matl

ML20246P520
Person / Time
Site:	Millstone
Issue date:	08/31/1989
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20246P503	List: ML20246P499 ML20246P520
References
EA-89-124, NUDOCS 8909110137
Download: ML20246P520 (3)

Text

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L NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Nuclear Energy Ccmpany Docket No. 50-245 Millstone Unit 1 License No. DPR-21

.. EA 89-124 During an inspection conducted on May 17-18, 1989, NRC inspectors reviewed the circumstances associated with the shipment of a vendor's high pressure pump and trailer from Millstone to the vendor with removable external and internal contamination on the pump and trailer. During the inspection, violations of NRC requirements associated with this incident were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions,"

30 CFR Part 2, Appendix C (Enforcement Policy) (1989), the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205.

I. Technical Specification 6.8, Procedures, requires, in part, that written procedures be established, implemented and maintained covering the appli-cable procedures recommended in Appendix "A" of Regulatory Guide 1.33, February 1978.

Appendix "A" of Regulatory Guide 1.33, February 1978,Section VII.e(4) recommends, in part, that contamination control procedures be established.

Contrary to the above, on May 8 and 10,1989, a high pressure water pump was used at Millstone Unit I without adequate procedures for contamination control. Specifically, the work was performed using Spec. Proc. 89-1-18, Rev. O, dated May 2, 1989, " Decontamination of Reactor Cavity," and the procedure did not contain precautions or other provisions to ensure that (1) radioactivity would not be released from the Radiation Cottrolled Area (RCA) during the hydrolaze operation and (2) inadvertent radioactive contamination of hydrolaze equipment would be detected and control 19d.

The operation resulted in the release of radioactive saterial from the RCA to the hydrolaze equienent located in an unrestricted area via hoses (connected to the equipment) that had been submerged in the flooded reactor cavity.

II. 10 CFR 71.5(a) states, in part, that "Each licensee who transports licensed material outside the confines of its plant ... ssall comply with the applicable requirements of the regulations appropriate to the mode of transport of DDT in 49 CFR Parts 170 through 189".

A. 49 CFR 173.475 requires, in part, that "before each shipment of ,

any radioactive materials package, the shipper shall ensure by i examination or appropriate tests that ... contamination levels are within the allowable limits specified in this subchapter."

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fontrary to the above, on May 11, 1989, a contaminated high pressure pump and trailer were shipped from Millstone Unit I to a vendor in

~Moorestown, New Jersey without.an examination or appropriate test-being performed to ensure that contamination levels were within the allowable limits specified.

B. 49 CFR 173.443(a) requires, in part, that "the amount of radio-activity. measured on any single wiping material when averaged over the surface wiped shall not exceed the limits given in Table.10 of 49 CFR 173 at any time during transport" (22 dpm/cmr for beta gamma emitting radionuclides).

Contrary to the above, on May 11, 1989, a high pressure pump and, trailer were shipped from Millstone Unit I to Moorestown, New Jersey, and'at the time, the pump and trailer were contaminated with levels of removable radioactive contamination of up to 260 dpm/cmr for beta gamma emitting radionuclides when averaged over the surface wiped, which is in excess of the limits given in. Table 10 of 49 CFR 173.

-C. 49 CFR 172.200(a) requires, in part, that "each person who offers:a-hazardous material for transportation shall describe the hazardous material on the shipping paper in the manner required by this subpart" (49 CFR 172 Subpart C).

Contrary to the above, on May 11, 1989, a high pressure pump and trailer were shipped from Millstone Unit I to a vendor in Moorestown, New Jersey, and although the pump and trailer had surface contamina-

. tion, they were not accompanied by a shipping paper describing the hazardous material.

These violations have been categorized in the aggregate at Severity Level III.

(Supplement IV and V)

Cumulative Civil Penalty - 525,000-(assessed equally among the violations)

Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy 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) the date when full compliance will be

'y achieved. If an adequate reply is not received within the time specified in-I~

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, U.S.C. 2232, this response shall be submitted under oath or affirmation.

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Notice of Violation 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 to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 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 the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of 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 violation (s) listed in the 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, such '

answer may request remission of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1989), 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 pt Talty due which subsequently has been deter-mined 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, remittvd, 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 Notfne of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.

FOR THE NUCLEAR REGULATORY COMMISSION l Original Sicned Dv i WILLI /J' T l

William T. Russell Regional Administrator Dated at King of Prussia, Pennsylvania this 3 / +C day of August 1989 0FFICIAL RECORD COPY CP PKG MILLSTONE 8/29 - 0008.0.0 08/29/89

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