ML20195H288

Forwards Insp Rept 50-333/88-28 on 881011 & Notice of Violation

ML20195H288
Person / Time
Site:	FitzPatrick
Issue date:	11/16/1988
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Radford Converse POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
Shared Package
ML20195H293	List: IR 05000333/1988028 ML20195H288 ML20195H300
References
NUDOCS 8811300317
Download: ML20195H288 (2)

See also: IR 05000333/1988028

Text

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H0V 161989

Docket No. 50-333

Power Authority of tile State of New York

James A.-FitzPatrick Nuclear Power Plant

ATTN: Mr. Radford J. Converse

Resident Manager

P.O. Box 41

Lycoming, New York 13093

Gentlemen:

Subject: Inspection No. 50-333/88-28

This refers to an inspection conducted by a representative of the South Carolina

Department of Health and Environmental Control on October 11, 1988, of a

shipment of radioactive waste from the Jarres A. FitzPatrick Nuclear Power Plant.

The shipment was inspected upon its arrival at the Chem-Nuclear Systems,

Inc., burial site at Barnwell, South Carolina.

Results of the inspection are summarized in the letter from the South Carolina

Department of Health and Environmental Control dated October 25 1988, which is

attachedtotheRegionIInspectionReportenclosedwiththislefter. The

inspection consisted of verifying the solidification and chemical content of the

decontamination resins contained in the package.

Based on the results of the inspection it appears that one of your activities

wasnotconductedinfullcompliancewIthNRCrequirements,assetforthinthe

Notice of Violation, enclosed herewith as Appendix A. The transfer of byproduct

material to an Agreement State licensee in a form not authorized under the terms

and conditions of the transferee's license is a violation of 10 CFR 30.41. This

violatior, has been categorized at Severity Level III in accordance with the

"General Statement if Policy and Precedure for NRC Enforcement Actions" (10 CFR

2, Appendix C, 1988). You are required to respond to this letter and in

preparing your response, you should follow the instructions in Appendix A.

The violation for which you have been cited has already been the subject of

enforcement action by the State of South Carolina by the assessment of a civil

penalty in the amount of $1000.00. In addition, the shipment was returned to

you and you were suspended from shipping solidified decontamination resins and

solutions to the Barnwell site until you are able to demonstrate that corrective

actions and/or procedural modifications have been implemented.

'

In view of the circumstances surrounding this matter, we have exercised our

discretion under the NRC Enforcement Policy and have chosen to issue at this

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time the enclosed Notice of Violation. After reviewing your response to this

Notice of Violation and your proposed corrective actions, the NRC will determine

whether further ac(1on is necessary in order to ensure compliance with

regulatory requirem'ents. Furthermore, any similar violations in the future may

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result in more significant enforcement action by the NRC.

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NOV 16 1983

Power Authority of 2

the State of New York

Your cooperation with us in this matter is appreciated.

Sincerely,  !

Orici-a.1. Simied By

U Luz.;. T. L;J3;LL

William T. Russell

Regional Administrator

Enclosures:

1. Appendix A Notice of Violation

2. NRC Inspection Report No. 50-333/88-28

cc w/ encl:

J. Phillip Bayne, President

i John C. Brons, Executive Vice President - Nuclear Generation

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R. E. Beedle, Vice President Nuclear Support

S. S. Zulla, Vice President Nuclear Engineering

,

R. Burns, Vice President Nuclear Operations

i J. A. Gray, Director Nuclear Licensing - BWR

A. Klausmann, Senior Vice President - Appraisal and Compliance Services

R. L. Patch Quality Assurance Superintendent

Manager Nuclear Safety Evaluation

GeorgeM.Wllverding,AssistantGeneralCounsel

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Gerald

Dept. ofC.Public

Goldstein,

Serv ice, State of New York

Licensing Project Mana

State of New York, artmentDep(ger,

of Law NRR

Public Document Room PDR) ,

Local Public Document Room (LPDR)

Nuclear Safety Information Center (NSIC) 1

NRC Resident Inspector i

State of New York

bec w/ enc 1:

Region I Docket Room (with concurrences)

Management Assistant, DRMA (w/o encl) l

Section Chief, DRP  !

PA0

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Rober(2)J.

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Hichael R. Johnson, EDO

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