ML20247P284
| ML20247P284 | |
| Person / Time | |
|---|---|
| Issue date: | 06/02/1989 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Thorp B JAMES RIVER CORP. |
| Shared Package | |
| ML20247P290 | List: |
| References | |
| REF-QA-99990001-930503 EA-89-062, EA-89-62, NUDOCS 8906060146 | |
| Download: ML20247P284 (3) | |
Text
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NUCLEAR REGULATORY COMMISSION '
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JUN 0 01G89 License No. - General License (10 CFR 31.5)
EA 89-62 James River Corporation ATTN: Mr. Benjamin Thorp Senior Vice President Trecegar Street Richmond, Virginia 23219 Gentlemen:
Subject:
1 NOTICE OF VIOLATION AhD PROPOSED IMPOSITION OF CIVIL PENALTY - $1250 2 ORDER MODIFYING LICENSE (NRC SPECIAL INSPECTION NO. 99990001/89-001)
This letter refers to the NRC inspection conoucted on January 30, 1989, at youc
-facility in South Hadley, Massachusetts, of activities authorized by an NRC general license uncer 10 CFR Part 31.5.
The report of the inspection was for-warded to you on March 8,1989. The inspection was conducted to review the circumstances associated with-a violation of NRC requirements, as described in the enclosed Notice of Violation, involving the inadvertent disposal of a static eliminator bar (containing 22.5 mil 11 curies of americium-241) in an
. unlicensed landfill. The loss was identified by your staff on October 11, 1986, and reported to the NRC. On March 21, 1989, we held an enforcement conference with you and members of your staff, during which the violation identified during the inspection, its causes, and your corrective actions were discussed.
The failure to control licensed material is a significant regulatory concern, particularly in view of the fact that radioactive material from the South Hadley facility, as well as frcm otner James River Corporation (JRC) facilities, has been 1toproperly disposed of in the past. Specifically, in February 1979, the South Hadley f acility lost another static eliminator bar containing radio-ective material.
Further, in October 1984 and again in May 1986, the NRC issuea civil penalties to JRC because of the improper cisposal and/or loss of radioactive materials from your facilities in Easton, Pennsylvania and Parch-ment, Michigan. However, the corrective actions taken in response to those events were not effective in preventing the loss of the radioactive material from the South Hadley facility in October 1988. This loss occurred even though the JRC response, dated September 5, 1986, to the civil penalty issued as a result of the 1986 violation, stated that JRC was working on a corporate-wide radiation protection program.
C_ERTIFIED NAIL RETURli RECEIPT REQUESTED I
8906060146 89060i IE GA999 EMVJRCC 99990001 PNU
fJamesRiverCorporation.
i Furthermore, in a letter dated October 26, 1988, the Safety Manager of the South Hadley, Massachusetts facility made couaitments to the NRC to take certain corrective actions to prevent recurrence of this violation. The actions described included, but were not limited to, proper labeling of all devices containing radioactive material, and improvement of the radiation device control syrtem. However, at tne time of our inspection on January 30, 1989, implementation of several of these commitments had not been completed and.the. Safety Manager was not fully cognizant of the status of the devices containing radioactive material.
These incidents demonstrate the need for you to develop and implanent a comprehensive corporate program for ensuring that adequate oversight and control of generally licensed material is maintained at all of your facilities throughout the ccuntry to prevent the loss or improper disposal of such materials in the future. To emphasize this need, I have decided to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the amount of One Thousand Two Hundred Fifty Dollars ($1,250) for the violation set forth in the enclosed Notice.
This violation has been classified at Severity Level III in accordance with Section C.6 of Supplement IV of the " General Statement of Policy and Procedure for NRC Enforcement Actions," 10 CFR Part 2, Appendix C, 53 Fed. Reg. 40019 (October 13,1988) (Enforcement Policy).
The base civil penalty for a Severity Level III. violation or problem is $500.
The escalation and mitigation factors were consiaered and the base civil penalty amount has been increased by 150% because:
(1) you failed to promptly implement the corrective actions set forth In the October 26, 1968 letter to the NRC, which provides the basis for 50% escalation of this penalty; and (2) your corporate i
enforcement history has not been good, as evidenced by the previous losses of licensed material and your continuing inability to prevent recurrence, which provides the basis for an additional 100% escalation of this penalty. While your initial identification and reporting of the improper disposal was prompt,
-your Safety Manager learned on October 12, 1988 that the device was most probably buried at the sanitary landfill; yet he did not initiate a search of the landfill until October 17, 1988. This delay lessened any chance of recovery. Therefore, on consideration of the Identification and Reporting factor, neither escalation nor mitigation is warranted. The other escalation and mitigation factors were considered, and no further adjustment is considered appropriate.
In aedition to the civil penalty, I have also determined that, in the interest of the public health and safety, the enclosed Order Modifying License should be issued.
The Order requires you to a) perform a compliance audit at each facility where NRC-licensed material is usea or stored, and b) develop and implement a corporate-based plan to ensure increased and improved oversight, control and accountability of radioactive material used at your various facilities throughout the country to prevent future loss of radioactive material.
While the NRC has set forth in the Order certain minimal elements that shall be incorporated into the plan, it is your responsibility to develop a plan that contains not only these minimal elements, but whatever additional elements are necessary to effectively accomplish the objective of full control of your licensed material at all tines.
i James River Corporation.
You are required to respond to the enclosed Order and Notice, and should follow the instructions specified therein when preparing your response to each 4
docurrent.
In your response to the Notice, you should document the specific actions taken and any additional cetions you plan to prevent recurrence. After review of your responses te the Order and Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further action is needed to ensure compliance with regulatory requirements.
I wish to emphasize that any further recurrence of these violations may result in more significant enforcement action, such as suspension or revocation of i
your authority uncer the general license (10 CFR 31.5).
In accoraance with Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosure will be placed in the NRC Public Document Room.
The responses directeo by this letter and the enclosed Notice and Order are not subject to the clearance proceoures of the Office of Man 6gement and Booget as required by the Paperwork Reduction Act of 1980, PL No.96-511.
Sincerely, 0
/
Hu h L. Thompson, De ty Executive Direc or for liuclear Materials Safe y, Safeguards and Operations Support
Enclosures:
- 1. Not1ce of Violation and Proposed Imposition of Civil Pentity
- 2. Order Modifying License I
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