ML17340B050

Responds to NRC 810302 Ltr Re Violations Noted in IE Waste Packaging Insp Repts 15000039/80-23,50-250/80-37 & 50-251/80-35.Disagrees That Punctured Drums Constitute Violation.No Proprietary Info

ML17340B050
Person / Time
Site:	Turkey Point, 02700047
Issue date:	03/27/1981
From:	Robert E. Uhrig FLORIDA POWER & LIGHT CO.
To:	James O'Reilly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML17340B049	List: ML17340B050
References
L-81-130, NUDOCS 8104230918
Download: ML17340B050 (5)

See also: IR 05000039/1980023

Text

~Findin: As a result of the inspection

conducted on December 9, 1980, and in accordance

with the Interim Enforcement

Policy, 45 FR 66754 (October 7, 1980), the fol 1 owing violation was identi fied.10 CFR 71.5(b)requires that"the licensee comply with the applicable

requirements

of...49 CFR Parts 170-189." 49 CFR 173.392(c)(1)

requires that"Materials

must be packaged in strong, tight packages so that there will be no leakage of radioactive

material under conditions

normally incident to transportation." Contrary to the above, on December 9, 1980, 21 barrels in this shipment delivered to the Chem-Nuclear

burial site at Barnwell South Carolina were not strong, tight packages in that there were punctures in the sides which permitted the contents to spill onto the trailer bed.This is a Severity Level III Violation (Supplement

V.C.(1)).~Res nse: We acknowledge

that twenty-one

drums contained in shipment No.80-082 were punctured.

However, we disagree that those containers

were required to be strong tight packages for purposes of transportation.

On the contrary, hdp 0 8.00-088 pd h 0 8 d~kdp h of the shipment-was a LSA radioactive

material, was transported

in a closed transport vehicle assigned for the sole use of the Turkey Point Plant and, otherwise met the criteria stipulated

in 10 CFR 173.392(D)(1)(iii).

This paragraph provides that materials of low radioactive

concentration

may be transported

unpackaged;

"...i f the average estimated radioactivity

concentration

does not exceed 0.001 millicurie

per gram and the contribution

from Group I material does not exceed one percent of the total radioactivity.

The average estimate-of ra)inactive

concentration

of the material in shipment No.80-082 was 1.2 x 10 millicurie

per gram.However, the materi al was containeri

zed in 55 gallon drums primarily to sati sfy conditions

in the Barnwell Site Disposal Criteria.In view of the above, we disagree that the punctured drums in shipment No.80-082 constitutes

a Severity Level III violation.

On the otherhand, there was no intent to allow the shipment to include drums which were punctured and Florida Power 8 Light Company management

has expressed considerable

concern that it happened.Consequently, an immediate investigation

was initiated at the time of the incident and appropriate

corrective

measures quickly implemented

in order to prevent a reoccurrence.

In that regard, we are submitting

the following information

which previously

was transmitted

to the Bureau of Radiological

Health of the State of South Carolina, Department

of Health and Environmental

Control.Based upon our investigation

into this incident.we were able to determine that the drums were damaged because of an equipment problem, and that our failure to detect the damage was a consequence

of a weakness in our inspection

procedures.

In as much as each container was inspected completely

just prior to being loaded onto the transport vehicle, we were able to conclude that any damage occurred while positioning

the containers

within the transport vehicle.By evaluating

the type and lpcation of the damage on the drums it was determined

that the punctures were caused by the loading blades on the fork lift.We also learned that the drum lifting device used to load the shipment was a new piece of equipment.

Subsequently, we were able to determine that't was possible for the blades of the forklift to protrude through the fork guides on the drum lifting device and contact could be made between the fork blades and the drum.To prevent a recurrence

of this incident the following corrective

actions and procedural

modifications

have been'implemented:

a)The incident was reviewed with plant personnel who have assigned responsibilities

in radioactive

waste handling and management

and appropriate

precautions

urged.b)All of the drum lifti'ng devices used for radioactive

drum handling have physcial modifications

designed to preclude the fork lift blades from protruding

beyond the fork guides.c)Additional

inspection

requirements

have been added to Turkey Point's Health Physics Procedure HP-46, Shi in and Receivin Radioactive

Material so that all packages in a ition to eing inspected efore~tey are loaded wil 1 now also be inspected after they have been positioned

on the transport vehicle.d)To further-strengthen

our=package inspection

requirements, the procedural

modifications

to HP-46 have been incorporated

into the appropriate

gC check sheets as QC hold points.Finally, the circumstances

involving Turkey Point shipment No.80-082 clearly illustrate

a conflict between 10 CFR 173.392(C)

(1), 173.392(D)(I)and Supplement

V.C.l.Specifically.

the NRC has classified

the incident to be a Severity Level III violation for a breach of package integrity in packages that were not required for transportation.

In view of this, we believe that the NRC should reevaluate

their criteria under Supplement

V and reclassify

this more appropriately

as a level VI violation.

We suggest the criteria for a Security Level III ought to be"Breach of integrity of a package required for transportation".

~~COUNTY OF DADE STATE OF FLORIDA)))ss Robert E.Uhrig, being first duly sworn, deposes and says: That he is a Vice President of Florida Power 6 Light Company the Licensee herein;That he has executed the foregoing document;that the state-, ments made in this said document are true and coirect to the best of his knowledge, information, and belief, and that he is authorized

to execute the document on behalf of said Licensee.Robert E.Uhrig Subscribed

and s~vorn to before me this~day of x9 8I I NOTARY PUBLIC, in nd for the county of Dade, State of Florida f~~otary Public, State of Florida at Largo fhy Cornrncsion

Expires Octobar 30, 1983~Ny COmmiSSiOn

eXpireS: pcrdad tbru Haynard Bonding Agency

~~"C c~'4