IR 05000266/2020090: Difference between revisions

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{{#Wiki_filter:February 9, 2021
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==SUBJECT:==
POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - FINAL SIGNIFICANCE DETERMINATION OF A GREEN FINDING; NRC INSPECTION REPORT 05000266/2020090 AND 05000301/2020090
 
==Dear Mr. Strope:==
This letter provides you the final significance determination of the preliminary White finding discussed in our previous communication dated August 3, 2020, which included Inspection Report 05000266/2020012 and 05000301/2020012. The finding involved the transport of a radioactive material package as Low Specific Activity II (LSA-II) that exceeded the LSA shipping limits for radiation levels as specified in Title 49 of the Code of Federal Regulations (CFR),
Part 173.427. Your staff did not recognize that measured radiation levels were in excess of 10 mSv/ hour (1 Rem/hour) at 3 meters from the unshielded package, which exceeded the conditions for transporting LSA material; and thus, failed to ship the package as a Type B shipment. The inspection report can be found in U.S. Nuclear Regulatory Commission (NRC)s Agencywide Documents Access and Management System (ADAMS) at accession number ML20216A765, accessible from the NRC Website at http://www.nrc.gov/reading-rm/adams.html.
 
In our letter dated August 3, 2020, we provided you the opportunity to attend a Regulatory Conference or provide a written response. In your letter dated September 11, 2020, (ML20255A142), you provided a response to the NRC staff preliminary determination regarding the finding. Your response indicated that you did not believe the apparent violations of 49 CFR 172 and 173 requirements occurred, and if the NRC concludes that violations of regulatory requirements occurred, that the finding does not rise to the level of White significance and should be characterized as no higher than Green. The NRC reviewed your September 11, 2020, letter, and does not agree with your position that a violation did not occur as discussed in our response in Enclosure 1. However, after considering the information developed during the inspection and the additional information you provided in your September 11, 2020, letter, the NRC has concluded, as discussed in Enclosure 1, that the finding will be characterized as Green, a finding with very low safety significance.
 
According to NRC Inspection Manual Chapter (IMC) 0609, appeal rights only apply to those licensees that have either attended a regulatory conference or submitted a written response to the preliminary determination letter. You have 30 calendar days from the date of this letter to appeal the staffs determination of significance for the identified Green finding. Such appeals will be considered to have merit only if they meet the criteria given in the IMC 0609, Attachment 2. An appeal must be sent in writing to the Regional Administrator, Region III, 2443 Warrenville Road, Suite 210, Lisle IL 60532-4352.
 
The NRC also determined that four violations of NRC requirements occurred: (1) the failure to include the appropriate emergency response information for a shipment containing primary resin is a violation of 49 CFR 172.602(a); (2) the failure to include the appropriate package markings on the shipment is a violation of with 49 CFR172.302(a); (3) the failure to ensure the shipment did not exceed the radiation level limits for shipping radioactive material as LSA is a violation of 49 CFR 173.427; and (4) the failure to describe the hazardous material in accordance with 49 CFR 173 is a violation of 49 CFR 173.22(a). The circumstances surrounding the violations were described in detail in inspection report number 05000266/2020012 and 05000301/2020012. These violations are being treated as non-cited violations in accordance with Section 2.3.2 of the NRC Enforcement Policy.
 
The NRC recognizes that your staff identified the issue during a routine quality assurance audit of your shipping activities. As discussed in Enclosure 1, the NRC staff identified some deficiencies in your evaluation of the issue, including your understanding of the applicable regulatory requirements for a Low Specific Activity shipment. Therefore, the NRC determined that credit for self-identification, as described in NRC Inspection Manual Chapter 0612, is not appropriate and that the cross-cutting aspect H.12 - Avoid Complacency remains applicable.
 
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter, its enclosure, and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs ADAMS. To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction.
 
Sincerely, David Curtis Digitally signed by David Curtis Date: 2021.02.09 07:01:14 -06'00'
for, Mohammed A. Shuaibi, Director Division of Reactor Safety Docket Nos. 50-266; 50-301 License Nos. DPR-24; DPR-27 Enclosure:
Evaluation of Licensees Response cc w/ encl: Distribution via LISTSERV
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Revision as of 06:40, 18 January 2022

Final Significance Determination of a Green Finding; NRC Inspection Report 05000266/2020090 and 05000301/2020090
ML21039A709
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 02/09/2021
From: Mohammed Shuaibi
Division of Reactor Safety III
To: Strope M
Point Beach
References
EA-20-081, IR 2020090
Download: ML21039A709 (6)
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