ML20247Q882
| ML20247Q882 | |
| Person / Time | |
|---|---|
| Issue date: | 05/31/1989 |
| From: | Davis A NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Beale E NIAGARA OF WISCONSIN PAPER CORP. |
| Shared Package | |
| ML20247Q889 | List: |
| References | |
| EA-89-065, EA-89-65, NUDOCS 8906070074 | |
| Download: ML20247Q882 (3) | |
Text
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~Df May 31, 1989
. Docket No. 99990003 General License (10 CFR 31.5)
EA 89-065 t
-Niagara of_ Wisconsin Paper Corporation
-_ ATTN: Mr. Elmer_C. Beale President 1101 Mill Street Niagara, WI 54151 Gentlemen:
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY - $750' (NRC: INSPECTION REPORT NO. 99990003/89002(DRSS))-
This refers to'the special: safety inspection conducted on March 13, 1989, at your facility in Niagara, Wisconsir.. The inspection was conducted in response to your January 18,.1989 telephone notification of a lost source that was in a p
device which was removed from service in October 1988. The findings of our inspection were forwarded to you on April 4, 1989. An enforcement conference was conducted byLtelephone with you and members of your staff on March 30, 1989 to discuss the violations, causes, and your corrective actions to prevent recurrence.
The violations described in the enclosed Notice are significant because they resulted in the loss of radioactive material. Two violations were identified which involved: (1). failure to have licensed individuals perform the removal of a radioactive gauge from;its_ installed location, and (2) transfer of a radioactive gauge to persons not authorized to receive such devices,
. specifically, an unlicensed metal salvage yard.
To emphasize the importance'of maintaining adequate control over gauges
.containing radioactive material, I have been authorized, after consultation with the Director, Office of Enforcement, and the Deputy Executive Director.
for Nuclear Materials Safety, Safeguards and Operations Support, to issue the enclosed Notice of Violation and Preposed Imposition of Civil Penalty in the amount of Seven Hundred Fifty Dollars ($750) for the violations described in the enclosed Notice.
In accordance with 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 violations described in the enclosed Notice have been categorized as a Severity Level III problem.
The base value of a civil penalty for a Severity Level III violation is $500.
The escalation and mitigation factors in the Enforcement Policy were considered and the base civil penalty amount has been increased by 50% because of the untimely corrective actions.
Specifically, although the scope of your proposed 1
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F Niagara.of Wisconsin Paper Corporation 2-May 31, 1989 corrective actions appear adequate, such corrective actions should have been initiated in early December 1988, as opposed to waiting until January 19, 1989; and most of these actions were initiated based on discussions with NRC personnel.
You are required'to respond to this letter and should follow the instructions specified in the enclosed Fotice when preparing your response.
In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence.
Although not required as part of your response, you should also review each requirement in 10 CFR 31.5(c)(1) through (c)(10) and should ensure that you have appropriate' procedures in place to comply with each requirement on a continuing basis.
It is important that you put adequate procedures into place now, since any future violations may result in more significant enforcement action, including escalated civil penalties as well as suspension or revocation of your authority under the general license (10 CFR 31.5).
In'accordance 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 directed by this letter and the enclosed Notice are not subject
'to the clearance procedures of the Office of Management and Budget, as required by the Paperwork Reduction Act of 1980, Pub.
L., No.96-511.
Sincerely, A. Bert Davi Regional Administrator
Enclosures:
1.
Notice of Violation and Proposed Imposition of Civil Penalty 2.
Inspection P.c; sort No. 99990003/89002(DRSS)
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