ML100640664

Us Dept. of Veterans Affairs, Nebraska-Western Iowa Health Care System, Reply to a Notice of Violation

ML100640664
Person / Time
Site:	05000131
Issue date:	03/01/2010
From:	Washko A US Dept of Veterans Affairs, Nebraska-Western Iowa Health Care System
To:	Document Control Desk, NRC/FSME
References
IR-09-001
Download: ML100640664 (5)

Text

Omaha 4101 Woolworth Avenue Omaha NE 68105-1873 4***

• DEPARTMENT OF VETERANS AFFAIRS NEBRASKA-WESTERN IOWA HEALTH CARE SYSTEM Lincoln 600 S 70 Street Lincoln NE 68510-2493 Grand Island 2201 N Broadwell Avenue Grand Island NE 68803-2196 March 1, 2010 U.S. Nuclear Regulatory Commission ATTN. Document Control Desk Washington D.C. 20555 RE: Reply to a Notice of Violation The following is the response by the Department of Veterans Affairs Nebraska-Western Iowa Health Care System Alan J. Blotcky Reactor Facility to the NRC inspection report 050-00131/09-001.

License R-57, Docket # 50-131 Violation A Regulation 10 CFR 50.59(d) (1) states that the licensee shall maintain records of changes in the facility, of changes in procedures, and of tests and experiments made pursuant to paragraph (c) of this section.

These records must include a written evaluation which provides the bases for the determination that the change, test, or experiment does not require a license amendment pursuant to paragraph (c) (2) of this section.

1. Reason for Violation:

Contrary to the above, prior to December 1-2, 2009 inspection, the licensee made a change in the facility as described in the final Safety Analysis Report. The licensee revised the boundary of the reactor facility restricted area when the licensee converted part of the restricted area into lab space.

The boundary is described in Safety Analysis Report Figure 3.2, Reactor Basement. However, the licensee failed to maintain records of these changes in the facility, including a written evaluation which provides the bases for the determination that the change does not require a license amendment pursuant to paragraph (c) (2) of this section'.

2. Corrective steps taken:

The reactor facility's restricted area boundary has been restored to meet the specifications found in Figure 3.2 of the Safety Analysis Report. The Reactor Safeguards Committee (RSC) has reestablished the use of restricted access keys to the south entrance door of the facility and has reactivated the combination lock to the same entrance. Common use darkroom equipment has been relocated.

3. Corrective Step that will be taken:

No further corrective action is expected to be necessary.

4. Date of full compliance:

• January 26, 2010

Violation B License R-57, Condition 2.C (2), states that the. licensee shall operate the facility in accordance with Technical Specifications. Technical Specification Section 6.7.2 (2) states that a written report is required to be submitted to the NRC within 30 days for permanent changes in the facility organization involving level 1 and 2 staff.

1. Reason for Violation:

Contrary to the above, as of December 2, 2009, the licensee did not submit a written report to the NRC within 30 days of making several permanent changes to the Level I and 2 personnel staff. Specifically, the licensee made permanent changes to the chief of staff and reactor director/supervisor positions which are level 1 and 2 staff.

2. Corrective steps taken:

The RSC has previously responded to this violation. The following is a copy of the correspondence:

December 21, 2009 U.S. Nuclear Regulatory Commission ATTN. Document Control Desk Washington D.C. 20555 Re: In compliance of Technical Specification 6.7.2.2 Notification of level 1 and level 2 Personnel Changes for the Alan J. Blotcky Reactor Facility, License R-57, Docket # 50-131 The Reactor Safeguards Committee wishes to inform the NRC of the following changes in level 1 and 2 personnel:

Dr. Thomas Lynch as Chief Of Staff of the Omaha V.A. has been appointed to the position of Co-Chairman of the Reactor Safeguards Committee by letter of appointment from Mr. Al Washko CEO of the Omaha VA. Dr. Lynch meets the minimum qualifications for this appointment to the Reactor Safeguards Committee as stated in Technical Specification 6.2.1.2 Dr. Debra Romberger as Associate Chief of Staff Research has been appointed to the position of Chairman of the Reactor Safeguards Committee by letter of Appointment from Mr. Al Washko CEO of the Omaha VA. Dr. Romberger meets the minimum qualification for this appointment to the Reactor Safeguards Committee as stated in Technical Specification 6.2.1.2 Mr. Daniel McVicker has been appointed to the position of Reactor Director and will serve on the Reactor Safeguards Committee by letter of Appointment from Mr. Al Washko CEO of the Omaha VA. Mr. McVicker meets the minimum qualification for this appointment to the Reactor Safeguards Committee'as stated in Technical Specification 6.2.1.2

Mr. Michael Christensen has been appointed to the position of Radiation Safety Officer for the Reactor Safeguards Committee by letter of Appointment from Mr. Al Washko CEO of the Omaha VA. Mr. Christensen meets the minimum qualification for this appointment to the Reactor Safeguards Committee as stated in Technical Specification 6.2.1.2 Dr. Debra Romberger ACOS Research RSC Co-Chairman

3. Corrective Step that will beiaken:

No further corrective action is expected at this time.

4. Date of full compliance:

January 20, 2010 Violation C License R-57, Condition 2.C (2), states that the licensee shall operate the facility in accordance with Technical Specifications. Technical Specifications Section 4.3.1 states that the reactor water shall be sampled for gross activity on an average monthly basis (interval not to exceed 6 weeks).

1. Reason for Violation:

Contrary to the above, during calendar year 2009, the licensee failed to sample reactor water for gross activity on an average monthly basis. Specifically, the licenseefailed to sample the reactor water during February 2009 and October 2009.

2. Corrective steps taken:

The RSC has initiated the practice of using a "tickler file" on the Radiation Safety Officers computer as a reminder to take the monthly reactor water sample as required by Technical Specification 4.3.1. In addition the Reactor Supervisor will also receive a monthly computer reminder to verify that a reactor water sample has indeed been taking. The RSC feels these computer aids will help ensure compliance with Technical Specifications.

3. Corrective Step that will be taken:

No further corrective action is expected at this time.

4. Date of full compliance:

January 1, 2010 Violation D

Regulation 10 CFR 50.54 (q) states, in part, that research reactor licensees may make changes to the emergency plans without Commission approval only if these changes do not decrease the effectiveness of the plans and the plans as changed, continue to meet the requirements of appendix E to this part.

Proposed changes that decrease the effectiveness of the approved emergency plans may not be implemented without application to and approval by the Commission. The licensee shall submit, as specified in 50.4, a report of each proposed change for approval. If a change is made without approval, the licensee shall submit, as specified in 50.4, a report of each change within 30 days after the change is made.

1. Reason for Violation:

Contrary to the above, the licensee made changes to the emergency plan twice without Commission approval, once during December 2008 and once during March 2009. Although the changes were made without Commission approval, the licensee failed to submit a report of each change within 30 days after the changes were made..

In Iddition, as of December 2 2009, the emergency plan did not meet the requirements provided in Appendix E because the licensee removed much of the training requirements from section 10 of the emergency plan. The changes included removal of the initial training and retraining requirements for onsite and. offsite personnel. Also removed were the requirements for an annual onsite and biennial offsite support drills specifically for the shutdown reactor.

These changes implemented during or prior to December 2008, reduced the effectiveness of the emergency plan: thus, the changes required prior NRC approval before implementation.

2. Corrective steps taken:

The Alan J. Blotcky Reactor Facility has requested exemption from Emergency Plan Requirements in the previous correspondence below.

January 14, 2010 U.S. Nuclear Regulatory Commission ATTN. Document Control Desk Washington D.C. 20555 Re: License R-57, Docket # 50-131. Request Exemption from Emergency Plan Requirements.

During the December 2 3 rd, 2009 Reactor Safeguards Committee meeting action was taken to ask for exemption of Emergency Plan Requirements. As a result of this action'the Alan J Blotcky Reactor Facility is requesting exemption from Emergency Plan Requirements. The Alan J Blotcky Reactor Facility is in a shut down status. The reactor has been permanently shut down and all of the fuel and neutron sources have been removed from the site. The Decommissioning and Decontamination plan has been submitted and is currently being reviewed by the NRC.

The Alan J Blotcky Reactor Facility requests that the NRC exempt the facility from Emergency Plan Requirements based on the facility's absence of nuclear fuel. (The NRC's Inspection Manual, Inspection Procedure 69002 states, "If the facility is not to return to reactor operations and all fuel has been removed from the facility, there may (be) no need to maintain the

emergency plan. The licensee should request exemption from the NRC before they discontinue implementation of the plan).

The AJBRF respectfully asks for exemption to Emergency Plan Requirements.

Sincerely, Debra Romberger Associate Chief of Staff Research Co-Chair Reactor Safeguards Committee.

3. Corrective Step that will be taken:

The RSC feels that the need for any further corrective action will be based upon the Nuclear Regulatory Commission's decision to grant exemption from the Emergency Plan Requirements.

4. Date of full compliance:

Pending Unresolved Item 1 The following is a response to the request for additional information regarding the status of a Polonium-Beryllium source:

In January of 1966 the Omaha, Nebraska Veterans Administration Hospital received a Polonium-210 Beryllium source from U.S. Nuclear Corporation. The source number was 0-178. Amount of activity was 7 curies on January 12, 1966. This source has been definitively identified and is in the possession of the Alan J. Blotcky Reactor Facility. The current activity of source number 0-178 was calculated using Microshield 7.2. After 44 years of decay the Po-Be source activity is 7.65 x 10-35 Curies.

_T&L AL WASHKO Director Nebraska-Western Iowa Health Care System Omaha