ML20247E811
| ML20247E811 | |
| Person / Time | |
|---|---|
| Site: | Armed Forces Radiobiology Research Institute |
| Issue date: | 03/22/1989 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20247E802 | List: |
| References | |
| EA-88-289, NUDOCS 8904030244 | |
| Download: ML20247E811 (4) | |
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- 1 NOTICE.0F VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Defense Nuclear Agency Docket No. '50-170 Armed Forces Radiobiological License No. R-84 Research Institute EA 88-289 During an NRC inspection conducted on October 26-28 and November 7, 1988, violations of NRC requirements were identified Further, based on the December 2, 1988, findings of the Area Director of United States Department of Labor's Wage and Hour Office the NRC has determined that a violation of its regulations has occurred. In accordance with the " General Statement of' Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C (1988), 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. The particular violations and associated civil penalty are set forth below:
A. 10 CFR 50.59, Changes, Tests, and Experiments, states that a holder of a license authorizing operation of a production or utilization facility may make changes in the facility as described in the safety analysis. report without prior Commission approval, unless the proposed change involves a change in technical specifications incorporated into the license or an unreviewed safety question. Further, Section 50.59(b) states that the licensee shall maintain records of changes in the facility as described in the safety analysis report. These records must include a written safety evaluation which provides the basis for the determination that the change does not involve an unreviewed safety question as defined in 10 CFR 50.59.
Section 4.11.1 of the AFFRI-TRIGA Safety Analysis Report describes, in part, that the multirange linear channel output is fed to an amplifier which supplies a signal to the strip recorder located in reactor console.
Section 4.11.3 of the AFRRI-TRIGA Safety Analysis Report describes, in part, that high flux safety channels one and two report the reactor power level as measured by three ion chambers placed above the core in the neutron field.
Contrary to the above, prior to November 1988, changes were made to the facility as described in the current revision (1984 Update) to tae AFRRI-TRIGA Safety Analysis Report, without performing a written safety evaluation to assure that the changes did not involve an unreviewed safety question, as evidenced by the following examples:
- 1. in March 1986, a digitcl voltmeter was installed in the linear channel of the nuclear instrumentation system in lieu of a failed strip chart recorder pen without performing a written safety evaluation; and 0FFICIAL RECORD COPY CP PKG AFFRI 3/17 - 0005.0.0 ffoJ o y y g 03/17/89 e m>o on P o c-
NOTICE OF VIOLATION 2. in April 1988, a nuclear instrumentation Pulse Ion chamber was replaced with a Cerenkov detector without performing a written safety evaluation.
B. Technical Specification 6.3, Procedures, requires written procedures for certain activities (including the conduct of experiments that could affect the operation and safety of the reactor; checkout startup,. standard operations,.and securing of the the facility) to assure safe operation of the reactor.
- 1. Reactor Operations Procedures III, Maintenance Procedures, written pursuant to Technical Specification 6.3.1, requires that malfunctions are annotated in the Malfunction Logbook by the operator who discovered the deficiency.
Contrary to the above,
- a. on July 26, 1988 and August 1, 1988, the Gas Stack Monitor (GSM) malfunctioned, but this malfunction was not recorded in the Malfunction Logbook; and
- b. on June 3, 1987, the GSM pump was turned off due to an apparent malfunction (smell of smoke), but this condition was not recorded in the Malfunction Logbook.
- 2. Reactor Operation Procedure I, Conduct of Experiments, written pursuant to Technical Specification 6.3, requires that a Reactor Use Request (RUR) be completed prior to conduct of an experiment prior to irradiation.
Contrary to the above, an experiment was conducted on October 8,1985, and an RUR was not completed prior to irradiation.
- 3. Reactor Operations Procedure VIII, Reactor Operations, Tabs I and K, written pursuant to Technical Specification 6.3, requires that an hourly report of the GSM be provided in the historical release data log.
Contrary to the above, as of November 7,1988, no hourly report of the GSM for August 1, 1988 was provided in the GSM historical log.
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- 4. Tab A of Procedure VIII and Tab A of Procedure I,. written pursuant to Technical Specification 6.3, require that the Reactor Facility 1
Director review the Operator's log and Activated Materials Log.
Contrary to the above, as of November 7, 1988, the Operator's Log (No. 78) (March 10, 1987 - June 17, 1987) and Activated Material Log had not been reviewed by the Reactor Facility Director.
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NOTICE OF VIOLATION !
C. 10 CFR 50.54(h)(1-1) requires that the facility licensee have in effect an operator requalification program that meets, as a minimum, the requirements of 10 CFR 55.59(c).
10 CFR 55.59(c) and (a)(1) require each individual licensed operator to successfully complete a requalification program, as developed by the facility and approved by the NRC. This program shall be conducted for a continuous period not to exceed 24 months in duration.
Contrary to the above, during the continuous operator requalification cycle, between 1986 and 1988, three licensed operators did not participate in some of the preplanned lecture programs, such as the lecture on NRC regulations, Technical Specifications, and Reactor Operating Characteristics.
D. 10 CFR 50.7 prohibits discrimination by a Commission licensee, or a contractor or subcontractor of a licensee, against an employee for engaging in certain protected activities. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, and privileges of employment. The protected activities are established in Section 210 of the Energy Reorganization Act, and in general, are related to the admini-stration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act.
Contrary to the above, in October 1988, Angela Munno, a reactor operator for the Defense Nuclear Agency, was discriminated against by the licensee in that she was reassigned to duties outside the reactor area for engaging in protected activities consisting of her raising allegations of safety violations. These allegations were raised to facility management and were related to possible technical specification violations.
These violations in the aggregate represent a Severity Level III problem.
(Supplements I and VII)
Civil Penalty - $2,500 Pursuant to the provisions of 10 CFR 2.201, Defense Nuclear Agency is hereby required to submit a writ'en 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 achieved. If an adequate reply is not received within the time specified in 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 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 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 this 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 or mitigation of the penalty.
, In requesting mitigation of the proposed penalty, the six factors addressed in Section V.B of 10 CFR Part 2, Appendix C (1988), 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, by may incorporate parts of the 10 CFR 2.201 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 penalty 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, remitted or mitigated, may be collected by civil action pursuant to Section 234C of the Act, 42 U.S.C. 2282c.
FOR THE NUCLEAR REGULATORY COMMISSION Original Sicned By YULLI.i. T. EUSSELL William T. Russell Regional Administrator Dated at King of Prussia, Pennsylvania thisgghdayofMarch1989 d
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