ML20086F492

Responds to NRC Ltr Re Violations Noted in Insp Rept 50-186/91-04 & Proposed Imposition of Civil Penalty in Amount of $1,875.Requests Violations Be Categorized as Transportation,Type a Quantity or Less at Reasearch Reactor

ML20086F492
Person / Time
Site:	University of Missouri-Columbia
Issue date:	11/27/1991
From:	Mckibben J, Reilly W MISSOURI, UNIV. OF, ROLLA, MO
To:	NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20086F494	List: ML20086F492 ML20086F546
References
NUDOCS 9112030251
Download: ML20086F492 (3)

Text

4 Research Reactor FacMy iI n.n.exh ns COluff d M MWSOUh M211 UNIVERSITY OF MISSOURI-COLUMBIA *j%yQ November 27,1991 Director, Ofuce of Enforcement US Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 llEFEltENCE: Docket 50186 University of Missouri itesearch iteactor License It-103

SUBJECT:

Answer to a Notice of Violation in Accordance with 10 CFil 2.205(b)

Dear Sir:

This answer is in response to the October 29,1991 U.S. NitC llegion ill Notice of Violation and Proposed imposition of Civil Penalty.$1,875 (NitC Inspection Iteport No. 50-18W91004) concerning events at the University of Missouri llesearch itenctor (MUltit). In accordance with 10 CFit 2. 205 (b), we feel that there is an error in the Notice of Violation and request the violations be categorized as " transportation, Type A quantity or less at a research reactor" rather than " plant operations."

The Srst sentence of the this traph on page 3 of the October 29,1991 NitC letter states:"NitC -

views this as a plant or- roblem as opposed to a transportation problem because all of the violations were inevP the containers were switched as they came from the reactor pool."

There has apparent' een a misunderstanding of the circumstances surrounding the violations 1.A. and I.B. Conte ici were not switched as they came from the reactor pool. The inadvertent placement of samples into the wrong lead shipping pigs, and the misidentineation c'an irradiation capsule occurred in the hot cell as shipping personnel were processing the samples for shipment. No violations of Federal llegulations occurred until the materials were shipped. The samples shipped were Type .A cuantities of hyproduct material.

Iteference is made to the attached MUltlt September 4,1991 Iteport of Deviation from 10 CFft 71.5 ar,d the September 10,1991 NitC Inspection Iteport No. 5018W91004(DitSS). In these references as well as in our initial report, in subsequent discussions with NItC personnel, and in the September 18 Enforcement Conference, the then alleged violations were treated as transportation incidents.

The Federal Itegulations that were referenced in the September MURit and NItC reports and cited in the Notice of Violation for violations in I.A. are repeated below with emphasis added to further illuntrate why we consider these violations to be transportation (as opposed to plant operations) problems.

10 CFR 71.5(a) requires that licensees who transport licensed material outside the connnes of their plants or deliver licensed material to a carrier for transport comply with the applicable requirements of the regulations appropriate to the mode of transport of the Department of Transportation (DOT)in 49 CFR Parts 170-189.

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', Page 2 49 CFR 172.203(dXIXi) requires that the description for a shipment of radioactive material must include the name of each radionuelide in the radioactive material that is listed in 49 CFR 173.435.

49 CFR 172.203(dXIXili) requires that the description for a shipment of radioactive material must include the activity contained in each package of the shipment in terms of curies, millicuries or microcuries, 49 0FR 172.403(a) and (g) require in part that the contents and activity of each package of radioactive material must be entered on the radioactive label, unless the package is excepted from labeling.

The Federal Regulations that was cited for violation I.11, is repeated below.

10 CFR 30.41(a) and (bX5) require, in part, that no licensee transfer byproduct material except to a person authorized to receive such byproduct material under the terms of a specific or generallicense issued by the Commission or Agreement State.

The cited regulation concerns transfer of byproduct material, which usually involves transportation oflicensed material when the transfer is between different licensees. Therefore our shipping personnel verify compliance with this regulation as part of preparing the transportation papers. This is done by verification that receiving parties are authorized by license to receive the byproduct material being shipped.

We acknowledge the serious nature of the violations and have taken prudent steps to avoid any repetition, but we request reconsideration of the program category in Table 1.A. in Section V.B. of 10 CFR Part 2, Appendix C (1991), under which the penalty is imposed. The events included in the October 29 Notice of Violation when classified in the aggregate as a Severity Level III violation seem to be most appropriately described by 10 CFR 2, Appendix C, Supplement V Transportation -

under C.5., which is:

Ilreakdown in the licensee's program for the transportation oflicensed material involving a number of violations that are related or, ifisolated, that are recurring violations that collectively reflect a potentially significant lack of attention or carelessness toward licensed responsibilities.

We appreciate the recognition of our efTorts to identify and correct the problems that is acknowledged by the mitigation determination in the NRC Notice of Violation. Ilowever, we request reconsideration that the violation be categorized " Transportation, Type A quantity or less at a research reactor" instead of" plant operations "

Sincerely, 8 Nb +

William F. Reilly Assistant Director, Fiscal / Reactor Services

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. - Novemter 27,1991

- Page 3 -

Reviewed and approved c~'fW /-t '

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- 6' J. Charles McKibben Associate Director Attachments: 1. 9/4/91 Report of Deviation from 10 CPR 71.5

2. 9/1051 NRC Inspection Report No. 50-18W91004CDRSS)

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xc: NRC Region 111  ! t, ,. -

S. Weiss NRC/NRR ' ',(([ [' Y "b / AT" #" 7; u'sItf'u/ 'J l c

Reactor Advisory Committee '

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Reactor Safety Subcommittee W e n m csTAu orntss a Isotope Use Subcommittee m mm

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J. Sheridan, Vice Provost J.Rhyne