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=Text=
=Text=
{{#Wiki_filter:May 15, 2014
{{#Wiki_filter:May 15, 2014  


EA-13-170   
EA-13-170   


Dr. David E. Moncton, Director Nuclear Reactor Laboratory Massachusetts Institute of Technology 138 Albany Street Mail Stop NW 12-208 Cambridge, MA 02139
Dr. David E. Moncton, Director Nuclear Reactor Laboratory Massachusetts Institute of Technology  
 
138 Albany Street  
 
Mail Stop NW 12-208 Cambridge, MA 02139  


==SUBJECT:==
==SUBJECT:==
U.S. NUCLEAR REGULATORY COMMISSION INVESTIGATION REPORT NO. 1-2013-004 AND NOTICE OF VIOLATION  
U.S. NUCLEAR REGULATORY COMMISSION INVESTIGATION REPORT NO. 1-2013-004 AND NOTICE OF VIOLATION


==Dear Dr. Moncton:==
==Dear Dr. Moncton:==
This letter refers to an investigation the U.S. Nuclear Regulatory Commission's (NRC) Office of Investigations initiated on December 12, 2012, and completed on July 12, 2013. The purpose of the investigation was to determine whether employees at Massachusetts Institute of Technology's (MIT) Nuclear Reactor Laboratory failed to follow requirements governing packaging and transportation of radioactive material. The investigation examined activities conducted under MIT's NRC license as they related to safety and compliance with the Commission's rules and regulations and with the conditions in the license. 


Based on the results of this investigation, the NRC has determined that two Severity Level IV violations of NRC requirements occurred. These violations were evaluated in accordance with the NRC Enforcement Policy and are cited in the enclosed Notice of Violation (Notice). The current Enforcement Policy is included on the NRC's Web site at (http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html). The violations are being cited in the Notice because MIT delivered for transport NRC-licensed material even though this action was not authorized by the general license provided to MIT through Title 10 of the Code of Federal Regulations (10 CFR) Part 71, Subpart C. Specifically, MIT did not comply with NRC Certificate of Compliance (CoC) No. 9341 in that the package did not conform to the CoC drawing. In addition, MIT did not prepare the package for shipment in accordance with Chapter 7 of the application as codified in the safety analysis report (SAR) for CoC 9341.   
This letter refers to an investigation the U.S. Nuclear Regulatory Commission's (NRC) Office of Investigations initiated on December 12, 2012, and completed on July 12, 2013. The purpose of the investigation was to determine whether employees at Massachusetts Institute of Technology's (MIT) Nuclear Reactor Laboratory failed to follow requirements governing packaging and transportation of radioactive material. The investigation examined activities conducted under MIT's NRC license as they re lated to safety and compliance with the Commission's rules and regulations and with the conditions in the license. 
 
Based on the results of this investigation, the NRC has determined that two Severity Level IV violations of NRC requirements occurred. These violations were evaluated in accordance with the NRC Enforcement Policy and are cited in the enclosed Notice of Violation (Notice). The current Enforcement Policy is included on the NRC's Web site at (
http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html). The violations are being cited in the Notice because MIT delivered for transport NRC-licensed material even though this action was not authorized by the general license provided to MIT through Title 10 of the Code of Federal Regulations (10 CFR) Part 71, Subpart C. Specifically, MIT did not comply with NRC Certificate of Compliance (CoC) No. 9341 in that the package did not conform to the CoC drawing. In addition, MIT did not prepare the package for shipment in accordance with Chapter 7 of the application as codified in the safety analysis report (SAR) for CoC 9341.   


The NRC has determined that MIT's substitution of a non-compliant part is of low safety significance (NRC staff review of MIT's 71.95 report concluded the substitution was acceptable) and that potential adverse consequences were not likely. However, MIT's actions in unilaterally evaluating, procuring, and shipping the package using a non-compliant part prevented the NRC from reviewing whether the change might adversely affect public safety.  
The NRC has determined that MIT's substitution of a non-compliant part is of low safety significance (NRC staff review of MIT's 71.95 re port concluded the substitution was acceptable) and that potential adverse consequences were not likely. However, MIT's actions in unilaterally evaluating, procuring, and shipping the pack age using a non-compliant part prevented the NRC from reviewing whether the change might adversely affect public safety.  


The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance will be  achieved, is already adequately addressed on the docket in your response letter dated February 21, 2014. Notwithstanding, the NRC shall perform a follow-up inspection at a later date in order to verify implementation of your corrective actions. Further, D. Moncton 2 you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation in NRC Investigation No. 1-2013-004 and EA-13-170," and send it to the U.S. Nuclear Regulatory Commission, ATTN:  Document Control Desk, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, and marked "Open by Addressee Only," within 30 days of the date of this letter transmitting this Notice of Violation (Notice). You may contact Robert Temps at 301-287-9190 if you have any questions. If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance will be  achieved, is already adequately addressed on the docket in your response letter dated February 21, 2014. Notwithstanding, the NRC shall perform a follow-up inspection at a later date in order to verify implementation of your corrective actions. Further, D. Moncton 2 you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation in NRC Investigation No. 1-2013-004 and EA-13-170," and send it to the U.S. Nuclear Regulatory Commission, ATTN:  Document Control Desk, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001,  


Sincerely,
and marked "Open by Addressee Only," within 30 days of the date of this letter transmitting this Notice of Violation (Notice). You may contact Robert Temps at 301-287-9190 if you have any questions.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.
 
Sincerely,  


       /RA/  
       /RA/  


Joseph Donoghue, Acting Chief Rules, Inspections, and Operations Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety   and Safeguards Docket Nos. 07100164, 50-00020 License No. R-37  
Joseph Donoghue, Acting Chief Rules, Inspections, and Operations Branch Division of Spent Fuel Storage and Transportation  
 
Office of Nuclear Material Safety and Safeguards
 
Docket Nos. 07100164, 50-00020 License No. R-37  


==Enclosure:==
==Enclosure:==
Notice of Violation D. Moncton 2 you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation in NRC Investigation No. 1-2013-004 and EA-13-170," and send it to the U.S. Nuclear Regulatory Commission, ATTN:  Document Control Desk, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, and marked "Open by Addressee Only," within 30 days of the date of this letter transmitting this Notice of Violation (Notice). You may contact Robert Temps at 301-287-9190 if you have any questions. If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.  
Notice of Violation  
 
D. Moncton 2 you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation in NRC Investigation No. 1-2013-004 and EA-13-170," and send it to the U.S. Nuclear Regulatory Commission, ATTN:  Document Control Desk, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001,  
 
and marked "Open by Addressee Only," within 30 days of the date of this letter transmitting this  
 
Notice of Violation (Notice). You may contact Robert Temps at 301-287-9190 if you have any questions.
If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.  
 
Sincerely,


Sincerely, 
       /RA/  
       /RA/  


Joseph Donoghue, Acting Chief Rules, Inspections, and Operations Branch Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards Docket Nos. 07100164, 50-00020  License No. R-37  
Joseph Donoghue, Acting Chief Rules, Inspections, and Operations Branch Division of Spent Fuel Storage and Transportation  
 
Office of Nuclear Material Safety  
 
and Safeguards Docket Nos. 07100164, 50-00020  License No. R-37  


==Enclosure:==
==Enclosure:==
Notice of Violation  
Notice of Violation  


Distribution: R. Zimmerman, OE  T. Marenchin, OE  C. Bassett, NRR  N. Hilton, OE  M. Lombard, SFST  G. Bowman, NRR J. Wray, OE  J. Donoghue, SFST M. Clark, OGC  M. Mullen, RI/OI R. Temps, SFST     DOCUMENT NAME:  G:\ \ SFST\Enforcement\MIT\NOV.doc    ADAMS Package No.: ML14127A030 LTR - ML14127A026; NOV - ML14126A509 X SUNSI Review/   X Non-Sensitive  Sensitive X Publicly Available  Non-Publicly Available OFFICE NMSS NMSS NMSS NMSS OE OGC NAME E. Love R. Temps J. Donoghue M. DeBose T. Marenchin M. Clark DATE 05/07/2014 05/07/2014 05/15/2014 05/08/2014 05/14/2014 05/13/2014}}
Distribution
: R. Zimmerman, OE  T. Marenchin, OE  C. Bassett, NRR  N. Hilton, OE  M. Lombard, SFST  G. Bowman, NRR J. Wray, OE  J. Donoghue, SFST M. Clark, OGC  M. Mullen, RI/OI R. Temps, SFST DOCUMENT NAME:  G:\ \ SFST\Enforcement\MIT\NOV.doc    ADAMS Package No.: ML14127A030 LTR - ML14127A026; NOV - ML14126A509 X SUNSI Review/
X Non-Sensitive  Sensitive X Publicly Available  Non-Publicly Available OFFICE NMSS NMSS NMSS NMSS OE OGC NAME E. Love R. Temps J. Donoghue M. DeBose T. Marenchin M. Clark DATE 05/07/2014 05/07/2014 05/15/2014 05/08/2014 05/14/2014 05/13/2014}}

Revision as of 16:51, 1 July 2018

Letter to D. E. Moncton U.S. Nuclear Regulatory Commission Investigation Report No. 1-2013-004 and Notice of Violation
ML14127A026
Person / Time
Site: 07100164, MIT Nuclear Research Reactor
Issue date: 05/15/2014
From: Donoghue J E
NRC/NMSS/SFST
To: Moncton D E
Massachusetts Institute of Technology (MIT)
Love E
Shared Package
ML14127A030 List:
References
1-2013-004, EA-13-170
Download: ML14127A026 (3)
v • d • e


Text

May 15, 2014

EA-13-170

Dr. David E. Moncton, Director Nuclear Reactor Laboratory Massachusetts Institute of Technology

138 Albany Street

Mail Stop NW 12-208 Cambridge, MA 02139

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION INVESTIGATION REPORT NO. 1-2013-004 AND NOTICE OF VIOLATION

Dear Dr. Moncton:

This letter refers to an investigation the U.S. Nuclear Regulatory Commission's (NRC) Office of Investigations initiated on December 12, 2012, and completed on July 12, 2013. The purpose of the investigation was to determine whether employees at Massachusetts Institute of Technology's (MIT) Nuclear Reactor Laboratory failed to follow requirements governing packaging and transportation of radioactive material. The investigation examined activities conducted under MIT's NRC license as they re lated to safety and compliance with the Commission's rules and regulations and with the conditions in the license.

Based on the results of this investigation, the NRC has determined that two Severity Level IV violations of NRC requirements occurred. These violations were evaluated in accordance with the NRC Enforcement Policy and are cited in the enclosed Notice of Violation (Notice). The current Enforcement Policy is included on the NRC's Web site at (

http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html). The violations are being cited in the Notice because MIT delivered for transport NRC-licensed material even though this action was not authorized by the general license provided to MIT through Title 10 of the Code of Federal Regulations (10 CFR) Part 71, Subpart C. Specifically, MIT did not comply with NRC Certificate of Compliance (CoC) No. 9341 in that the package did not conform to the CoC drawing. In addition, MIT did not prepare the package for shipment in accordance with Chapter 7 of the application as codified in the safety analysis report (SAR) for CoC 9341.

The NRC has determined that MIT's substitution of a non-compliant part is of low safety significance (NRC staff review of MIT's 71.95 re port concluded the substitution was acceptable) and that potential adverse consequences were not likely. However, MIT's actions in unilaterally evaluating, procuring, and shipping the pack age using a non-compliant part prevented the NRC from reviewing whether the change might adversely affect public safety.

The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violation and prevent recurrence, and the date when full compliance will be achieved, is already adequately addressed on the docket in your response letter dated February 21, 2014. Notwithstanding, the NRC shall perform a follow-up inspection at a later date in order to verify implementation of your corrective actions. Further, D. Moncton 2 you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation in NRC Investigation No. 1-2013-004 and EA-13-170," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001,

and marked "Open by Addressee Only," within 30 days of the date of this letter transmitting this Notice of Violation (Notice). You may contact Robert Temps at 301-287-9190 if you have any questions.

If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Sincerely,

/RA/

Joseph Donoghue, Acting Chief Rules, Inspections, and Operations Branch Division of Spent Fuel Storage and Transportation

Office of Nuclear Material Safety and Safeguards

Docket Nos. 07100164, 50-00020 License No. R-37

Enclosure:

Notice of Violation

D. Moncton 2 you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation in NRC Investigation No. 1-2013-004 and EA-13-170," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001,

and marked "Open by Addressee Only," within 30 days of the date of this letter transmitting this

Notice of Violation (Notice). You may contact Robert Temps at 301-287-9190 if you have any questions.

If you choose to respond, your response will be made available electronically for public inspection in the NRC Public Document Room or in the NRC's Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Therefore, to the extent possible, the response should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the Public without redaction.

Sincerely,

/RA/

Joseph Donoghue, Acting Chief Rules, Inspections, and Operations Branch Division of Spent Fuel Storage and Transportation

Office of Nuclear Material Safety

and Safeguards Docket Nos. 07100164, 50-00020 License No. R-37

Enclosure:

Notice of Violation

Distribution

R. Zimmerman, OE T. Marenchin, OE C. Bassett, NRR N. Hilton, OE M. Lombard, SFST G. Bowman, NRR J. Wray, OE J. Donoghue, SFST M. Clark, OGC M. Mullen, RI/OI R. Temps, SFST DOCUMENT NAME: G:\ \ SFST\Enforcement\MIT\NOV.doc ADAMS Package No.: ML14127A030 LTR - ML14127A026; NOV - ML14126A509 X SUNSI Review/

X Non-Sensitive Sensitive X Publicly Available Non-Publicly Available OFFICE NMSS NMSS NMSS NMSS OE OGC NAME E. Love R. Temps J. Donoghue M. DeBose T. Marenchin M. Clark DATE 05/07/2014 05/07/2014 05/15/2014 05/08/2014 05/14/2014 05/13/2014

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