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| issue date = 01/22/2015
| issue date = 01/22/2015
| title = Response to Disputed Notice of Violation 50-193/2014-202
| title = Response to Disputed Notice of Violation 50-193/2014-202
| author name = Hsueh K P
| author name = Hsueh K
| author affiliation = NRC/NRR/DPR/PRTB
| author affiliation = NRC/NRR/DPR/PRTB
| addressee name = Goodwin C
| addressee name = Goodwin C
Line 18: Line 18:


=Text=
=Text=
{{#Wiki_filter:OFFICIAL USE ONLY - SECURITY RELATED INFORMATION OFFICIAL USE ONLY - SECURITY RELATED INFORMATION  January 22, 2015  
{{#Wiki_filter:OFFICIAL USE ONLY - SECURITY RELATED INFORMATION
EA-14-220  
                                          January 22, 2015
EA-14-220
Dr. Cameron Goodwin, Director  
Dr. Cameron Goodwin, Director
Rhode Island Nuclear Science Center Rhode Island Atomic Energy Commission 16 Reactor Road  
Rhode Island Nuclear Science Center
Narragansett, RI 02882-1165  
Rhode Island Atomic Energy Commission
16 Reactor Road
SUBJECT: RESPONSE TO DISPUTED NOTICE OF VIOLATION 50-193/2014-202 Dear Dr. Goodwin:  
Narragansett, RI 02882-1165
SUBJECT:         RESPONSE TO DISPUTED NOTICE OF VIOLATION 50-193/2014-202
This letter refers to Rhode Island Atomic Energy Commission response of September 4, 2014,  
Dear Dr. Goodwin:
regarding a violation that was identified at the Rhode Island Nuclear Science Center (RINSC) facility during inspections that were conducted on March 3-6 and July 7-10, 2014. As documented in the U. S. Nuclear Regulatory Commission's (NRC's) Notice of Violation dated  
This letter refers to Rhode Island Atomic Energy Commission response of September 4, 2014,
August 15, 2014, the violation involved two instances of failure to comply with the regulations  
regarding a violation that was identified at the Rhode Island Nuclear Science Center (RINSC)
concerning access controls as stated in 10 CFR 73.23 and 10 CFR 73.57. The first instance  
facility during inspections that were conducted on March 3-6 and July 7-10, 2014. As
was for failure to prevent various individuals without proper authorization from having  
documented in the U. S. Nuclear Regulatory Commissions (NRCs) Notice of Violation dated
unescorted access to vital areas of the non-power reactor facility as required. The second instance was that at least one person was allowed access to Safeguards Information-Modified Handling without the required determination of trustworthiness and reliability as required by  
August 15, 2014, the violation involved two instances of failure to comply with the regulations
10 CFR 73.57(g). The violation was characterized by the NRC as a Severity Level IV violation.
concerning access controls as stated in 10 CFR 73.23 and 10 CFR 73.57. The first instance
We acknowledged receipt of your reply to NRC Inspection Report No. 50-193/2014-202 in our  
was for failure to prevent various individuals without proper authorization from having
letter dated October 3, 2014. In your response of September 4, 2014, you disputed Violation 50-193/2014-202-01 after  
unescorted access to vital areas of the non-power reactor facility as required. The second
concluding that the measures that you have in place are sufficient to provide means of  
instance was that at least one person was allowed access to Safeguards Information-Modified
"escorting" personnel while they are in the vital area of the facility. The NRC has independently  
Handling without the required determination of trustworthiness and reliability as required by
reviewed the information provided and has concluded that Violation 50-193/2014-202-01  
10 CFR 73.57(g). The violation was characterized by the NRC as a Severity Level IV violation.
occurred as stated in the NRC's Notice of Violation of August 15, 2014. The basis for NRC's conclusion is provided in the Enclosure to this letter.
We acknowledged receipt of your reply to NRC Inspection Report No. 50-193/2014-202 in our
Because the September 4, 2014 response to the Notice of Violation did not contain all the  
letter dated October 3, 2014.
required information, Rhode Island Atomic Energy Commission is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Director, Office of Nuclear Reactor Regulation, and a copy to the NRC inspector for your facility, within 30 days of the date of this letter transmitting this Response to Disputed Notice of Violation. The reply should  
In your response of September 4, 2014, you disputed Violation 50-193/2014-202-01 after
include the following for the first instances stated in the Notice of Violation: (1) the reason for  
concluding that the measures that you have in place are sufficient to provide means of
the violation, (2) the corrective steps that have been taken and the results achieved, (3) the  
escorting personnel while they are in the vital area of the facility. The NRC has independently
corrective steps that will be taken, and (4) the date when full compliance will be achieved.  
reviewed the information provided and has concluded that Violation 50-193/2014-202-01
OFFICIAL USE ONLY - SECURITY RELATED INFORMATION OFFICIAL USE ONLY - SECURITY RELATED INFORMATION C. Goodwin    - 2 - 
occurred as stated in the NRCs Notice of Violation of August 15, 2014. The basis for NRCs
Your response must follow the handling requirements provided below.  If an adequate reply is not received within the time specified in this letter, an order or Demand for Information may be issued as to why the license should not be modified, suspsended, or revoked, or why such other
conclusion is provided in the Enclosure to this letter.
action as may be proper should not be taken.  Where good cause is shown, consideration will
Because the September 4, 2014 response to the Notice of Violation did not contain all the
be given to extending the response time.
required information, Rhode Island Atomic Energy Commission is hereby required to submit a
written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document
The cover letter of your response should be written so that it can be made publicly available.  Because this issue involves Security-Related Information, the enclosure to your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at
Control Desk, Washington, DC 20555-0001 with a copy to the Director, Office of Nuclear
http://www.nrc.gov/reading-rm/adams.html.  If Security Related Information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(b)(1) and mark the information in accordance
Reactor Regulation, and a copy to the NRC inspector for your facility, within 30 days of the date
with the instructions found in 10 CFR 73.21.
of this letter transmitting this Response to Disputed Notice of Violation. The reply should
include the following for the first instances stated in the Notice of Violation: (1) the reason for
The material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability.  Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.  Sincerely,        /RA/  Kevin Hsueh, Chief
the violation, (2) the corrective steps that have been taken and the results achieved, (3) the
Research and Test Reactors Oversight Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation 
corrective steps that will be taken, and (4) the date when full compliance will be achieved.
Docket No. 50-193
                  OFFICIAL USE ONLY - SECURITY RELATED INFORMATION
License No. R-95
Nonpublic Enclosure: NRC Evaluation and Conclusion (Security-Related Information)
cc w/o enclosure:  See next page
Document transmitted herewith contains security related information.  When separated from the enclosure, this letter is uncontrolled.   
OFFICIAL USE ONLY - SECURITY RELATED INFORMATION OFFICIAL USE ONLY - SECURITY RELATED INFORMATION Rhode Island Atomic Energy Commission Docket No. 50-193  cc w/o enclosure:  Governor 
222 State House Room 115
Providence, RI  02903
Dr. Yana K. Reshetnyak Department of Physics University of Rhode Island
East Hall,  2 Lippitt Road
Kingston, RI 02881
Dr. Clinton Chichester, Chairman Rhode Island Atomic Energy Commission
College of Pharmacy
Pharmacy Building
7 Greenhouse Road Kingston, RI  02881 
Dr. Jack Breen, Chairman
Nuclear and Radiation Safety Committee
Providence College
Department of Chemistry and Biochemistry 549 River Avenue Providence, RI  02918
Test, Research, and Training
Reactor Newsletter  Dr. Nancy E. Breen
Marine and Natural Sciences Building 226
Roger Williams University
One Old Ferry Road Bristol, RI  02809 
Dr. Bahram Nassersharif
Dean of Engineering 
  University of Rhode Island 102 Bliss Hall Kingston, RI  20881
Dr. Howard Chun
Cranston High School East 899 Park Avenue Cranston, RI  02910
Supervising Radiological Health Specialist
Office of Occupational and Radiological
Health Rhode Island Department of Health 3 Capitol Hill, Room 206
Providence, RI  02908-5097
202 Nuclear Sciences Center University of Florida
Gainesville, FL  32611
   
OFFICIAL USE ONLY- SECURITY RELATED INFORMATION  OFFICIAL USE ONLY- SECURITY RELATED INFORMATION C. Goodwin    - 2 -
Your response must follow the handling requirements provided below.  If an adequate reply is not received within the time specified in this letter, an order or Demand for Information may be issued as to why the license should not be modified, suspsended, or revoked, or why such other
action as may be proper should not be taken.  Where good cause is shown, consideration will
be given to extending the response time.
The cover letter of your response should be written so that it can be made publicly available.  Because this issue involves Security-Related Information, the enclosure to your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html.  If Security Related Information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(b)(1) and mark the information in accordance
with the instructions found in 10 CFR 73.21.
The material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability.  Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.  Sincerely,        /RA/  Kevin Hsueh, Chief
Research and Test Reactors Oversight Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation 
Docket No. 50-193
License No. R-95
Nonpublic Enclosure: NRC Evaluation and Conclusion (Security-Related Information)
cc w/o enclosure:  See next page
Document transmitted herewith contains security related information.  When separated from the enclosure, this letter is uncontrolled.  DISTRIBUTION: PUBLIC RidsNrrDprPrta Resource RidsNrrDprPrtb Resource PROB r/f XYin, NRR  MCompton (Ltr only O5-A4) MNorris (MS T3B46M) CBassett, NRR  ADAMS Accession Nos.:  ML15021A559 (Ltr.); ML15021A565 (Pkg.); ML15021A561 (Encl.);  *concurred via e-mail        NRC-002 OFFICE NRR/DPR/PROB/RI* NRR/DPR/PROB/BC NAME CBassett  KHsueh DATE 01/22/2015 01/22/2015 OFFICIAL RECORD COPY 


                  OFFICIAL USE ONLY - SECURITY RELATED INFORMATION
C. Goodwin                                          -2-
Your response must follow the handling requirements provided below. If an adequate reply is
not received within the time specified in this letter, an order or Demand for Information may be
issued as to why the license should not be modified, suspsended, or revoked, or why such other
action as may be proper should not be taken. Where good cause is shown, consideration will
be given to extending the response time.
The cover letter of your response should be written so that it can be made publicly available.
Because this issue involves Security-Related Information, the enclosure to your response will
not be made available electronically for public inspection in the NRC Public Document Room or
from the NRC's document system (ADAMS), accessible from the NRC Web site at
http://www.nrc.gov/reading-rm/adams.html.
If Security Related Information is necessary to provide an acceptable response, please follow
the instructions for withholding in 10 CFR 2.390(b)(1) and mark the information in accordance
with the instructions found in 10 CFR 73.21.
The material enclosed herewith contains Security-Related Information in accordance with
10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security
vulnerability. Therefore, the material in the enclosure will not be made available electronically
for public inspection in the NRC Public Document Room or from the NRC's document system
(ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
                                                    Sincerely,
                                                    /RA/
                                                    Kevin Hsueh, Chief
                                                    Research and Test Reactors Oversight Branch
                                                    Division of Policy and Rulemaking
                                                    Office of Nuclear Reactor Regulation
Docket No.      50-193
License No.      R-95
Nonpublic Enclosure:
NRC Evaluation and Conclusion (Security-Related Information)
cc w/o enclosure: See next page
Document transmitted herewith contains security related information. When separated from the enclosure, this letter
is uncontrolled.
                  OFFICIAL USE ONLY - SECURITY RELATED INFORMATION
                OFFICIAL USE ONLY - SECURITY RELATED INFORMATION
Rhode Island Atomic Energy Commission                                  Docket No. 50-193
cc w/o enclosure:
Governor
222 State House Room 115                    Dr. Nancy E. Breen
Providence, RI 02903                        Marine and Natural Sciences Building 226
                                            Roger Williams University
Dr. Yana K. Reshetnyak                      One Old Ferry Road
Department of Physics                        Bristol, RI 02809
University of Rhode Island
East Hall, 2 Lippitt Road                    Dr. Bahram Nassersharif
Kingston, RI 02881                          Dean of Engineering
                                              University of Rhode Island
Dr. Clinton Chichester, Chairman            102 Bliss Hall
Rhode Island Atomic Energy Commission        Kingston, RI 20881
College of Pharmacy
Pharmacy Building                            Dr. Howard Chun
7 Greenhouse Road                            Cranston High School East
Kingston, RI 02881                          899 Park Avenue
                                            Cranston, RI 02910
Dr. Jack Breen, Chairman
Nuclear and Radiation Safety Committee      Supervising Radiological Health Specialist
Providence College                          Office of Occupational and Radiological
Department of Chemistry and Biochemistry    Health
549 River Avenue                            Rhode Island Department of Health
Providence, RI 02918                        3 Capitol Hill, Room 206
                                            Providence, RI 02908-5097
Test, Research, and Training
Reactor Newsletter
202 Nuclear Sciences Center
University of Florida
Gainesville, FL 32611
                OFFICIAL USE ONLY - SECURITY RELATED INFORMATION
ML15021A559 (Ltr.); ML15021A565 (Pkg.); ML15021A561 (Encl.);
*concurred via e-mail                                                                          NRC-002
  OFFICE                        NRR/DPR/PROB/RI*                              NRR/DPR/PROB/BC
  NAME                                CBassett                                        KHsueh
  DATE                              01/22/2015                                    01/22/2015
}}
}}

Latest revision as of 16:51, 31 October 2019

Response to Disputed Notice of Violation 50-193/2014-202
ML15021A559
Person / Time
Site: Rhode Island Atomic Energy Commission
Issue date: 01/22/2015
From: Kevin Hsueh
Research and Test Reactors Branch B
To: Goodwin C
Univ of Rhode Island - Kingston
Bassett C
Shared Package
ML15021A565 List:
References
EA-14-220
Download: ML15021A559 (4)
v • d • e


See also: IR 05000193/2014202

Text

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

January 22, 2015

EA-14-220

Dr. Cameron Goodwin, Director

Rhode Island Nuclear Science Center

Rhode Island Atomic Energy Commission

16 Reactor Road

Narragansett, RI 02882-1165

SUBJECT: RESPONSE TO DISPUTED NOTICE OF VIOLATION 50-193/2014-202

Dear Dr. Goodwin:

This letter refers to Rhode Island Atomic Energy Commission response of September 4, 2014,

regarding a violation that was identified at the Rhode Island Nuclear Science Center (RINSC)

facility during inspections that were conducted on March 3-6 and July 7-10, 2014. As

documented in the U. S. Nuclear Regulatory Commissions (NRCs) Notice of Violation dated

August 15, 2014, the violation involved two instances of failure to comply with the regulations

concerning access controls as stated in 10 CFR 73.23 and 10 CFR 73.57. The first instance

was for failure to prevent various individuals without proper authorization from having

unescorted access to vital areas of the non-power reactor facility as required. The second

instance was that at least one person was allowed access to Safeguards Information-Modified

Handling without the required determination of trustworthiness and reliability as required by

10 CFR 73.57(g). The violation was characterized by the NRC as a Severity Level IV violation.

We acknowledged receipt of your reply to NRC Inspection Report No. 50-193/2014-202 in our

letter dated October 3, 2014.

In your response of September 4, 2014, you disputed Violation 50-193/2014-202-01 after

concluding that the measures that you have in place are sufficient to provide means of

escorting personnel while they are in the vital area of the facility. The NRC has independently

reviewed the information provided and has concluded that Violation 50-193/2014-202-01

occurred as stated in the NRCs Notice of Violation of August 15, 2014. The basis for NRCs

conclusion is provided in the Enclosure to this letter.

Because the September 4, 2014 response to the Notice of Violation did not contain all the

required information, Rhode Island Atomic Energy Commission is hereby required to submit a

written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document

Control Desk, Washington, DC 20555-0001 with a copy to the Director, Office of Nuclear

Reactor Regulation, and a copy to the NRC inspector for your facility, within 30 days of the date

of this letter transmitting this Response to Disputed Notice of Violation. The reply should

include the following for the first instances stated in the Notice of Violation: (1) the reason for

the violation, (2) the corrective steps that have been taken and the results achieved, (3) the

corrective steps that will be taken, and (4) the date when full compliance will be achieved.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

C. Goodwin -2-

Your response must follow the handling requirements provided below. If an adequate reply is

not received within the time specified in this letter, an order or Demand for Information may be

issued as to why the license should not be modified, suspsended, or revoked, or why such other

action as may be proper should not be taken. Where good cause is shown, consideration will

be given to extending the response time.

The cover letter of your response should be written so that it can be made publicly available.

Because this issue involves Security-Related Information, the enclosure to your response will

not be made available electronically for public inspection in the NRC Public Document Room or

from the NRC's document system (ADAMS), accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html.

If Security Related Information is necessary to provide an acceptable response, please follow

the instructions for withholding in 10 CFR 2.390(b)(1) and mark the information in accordance

with the instructions found in 10 CFR 73.21.

The material enclosed herewith contains Security-Related Information in accordance with

10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security

vulnerability. Therefore, the material in the enclosure will not be made available electronically

for public inspection in the NRC Public Document Room or from the NRC's document system

(ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

Sincerely,

/RA/

Kevin Hsueh, Chief

Research and Test Reactors Oversight Branch

Division of Policy and Rulemaking

Office of Nuclear Reactor Regulation

Docket No. 50-193

License No. R-95

Nonpublic Enclosure:

NRC Evaluation and Conclusion (Security-Related Information)

cc w/o enclosure: See next page

Document transmitted herewith contains security related information. When separated from the enclosure, this letter

is uncontrolled.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

Rhode Island Atomic Energy Commission Docket No. 50-193

cc w/o enclosure:

Governor

222 State House Room 115 Dr. Nancy E. Breen

Providence, RI 02903 Marine and Natural Sciences Building 226

Roger Williams University

Dr. Yana K. Reshetnyak One Old Ferry Road

Department of Physics Bristol, RI 02809

University of Rhode Island

East Hall, 2 Lippitt Road Dr. Bahram Nassersharif

Kingston, RI 02881 Dean of Engineering

University of Rhode Island

Dr. Clinton Chichester, Chairman 102 Bliss Hall

Rhode Island Atomic Energy Commission Kingston, RI 20881

College of Pharmacy

Pharmacy Building Dr. Howard Chun

7 Greenhouse Road Cranston High School East

Kingston, RI 02881 899 Park Avenue

Cranston, RI 02910

Dr. Jack Breen, Chairman

Nuclear and Radiation Safety Committee Supervising Radiological Health Specialist

Providence College Office of Occupational and Radiological

Department of Chemistry and Biochemistry Health

549 River Avenue Rhode Island Department of Health

Providence, RI 02918 3 Capitol Hill, Room 206

Providence, RI 02908-5097

Test, Research, and Training

Reactor Newsletter

202 Nuclear Sciences Center

University of Florida

Gainesville, FL 32611

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION

ML15021A559 (Ltr.); ML15021A565 (Pkg.); ML15021A561 (Encl.);

OFFICE NRR/DPR/PROB/RI* NRR/DPR/PROB/BC

NAME CBassett KHsueh

DATE 01/22/2015 01/22/2015

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