IR 05000333/1988028

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Insp Rept 50-333/88-28 on 881107.Violation Noted.Major Areas inspected:Chem-Nuclear Sys,Inc,Burial Site at Barnwell,Sc
ML20195H304
Person / Time
Site: FitzPatrick Constellation icon.png
Issue date: 11/09/1988
From: Joseph Furia, Pasciak W
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20195H293 List:
References
50-333-88-28, NUDOCS 8811300326
Download: ML20195H304 (4)


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U.S. NUCLEAR REGULATORY COMMISSION

REGION I

Report No. 50-333/88-28 Docket No. 50-333 License No. DPR-59 Priority -

Category C Licensee: Power Authority of the State cf New York P.O. Box 41 Lycoming, NY 13093 Facility Name: James A. FitzPatrick Nuclear Power Plant Inspection At: Barnwell, South Carolina Inspection Conducted: November 7, 19_88 _

Report Prepared by:

(] Sh Ne*#II)uu~ ///Mff-J0 Furla, Radiation Specialist date Approved by: b w em W. Pasciak, Chief, Effluents Radiation

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d/ttW Protection Section

nspection Summary:

Inspection October 11, 1988, by a representative of the State of South Carolina Departmeat of 7ealth and Environmental Control Areas Inspected: The Power Authority of the State of New York was the originator of a waste shipment which was inspected at the Chem Nuclear Systems, Inc., bu ial site at Barnwell, South Carolina.

Results: One violation was identified si not auMorized by Agreement State licens(e .pment of byproduct material in a form g13$$$$kb $3

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DETAILS On or about September 24, 1988, the Power Authority of the State of New York shipped decontamination resins containing licensed material in a cask, designated as waste shipment 10 88-067, classified as Radioactive Material, Low Specific Activity (LSA), N.O.S..and certified as properly solidified. On October 11, 1988 this shipment was examined by a representative of the South Carolina Department of Health and Environmental Control upon its arrival at the Chem Nuclear Systems, Inc., Barnwell, South Carolina disposal site. During the course of this inspection, the shipment was found to have been incompletely solidified and containing 7.6% picolinic acid, a chelating agent.

10 CFR 30.41 shall verify (c)

thatrequires that the the the transferee's licensee license transferring authorizes byproduct the receipt material of the type, form and quantity of byproduct material to be transferred. The terms and conditions of the Agreement State license issued to Chem Nuclear bystems, Inc.,

do not allow for the possession of improperly solidified decontamination resins or unsolidified waste containing chelating agents in excess of 0.1% by weight.

The James A. FitzPatrick Nuclear Power Plant Station Manager was informed of this apparent violation of NRC requirements in a telephone conversation with Dr.

Walter J. Pasciak of the Region I Office on November 8,1938.

The licensee was issued a fine of $ 1000.00 for this violation,hipment wassuspended from shinping decontamination resins to the Barnwell site, and the s returned as stated in the South Carolina Department of Health and Environmental Control letter to the Power Authority of the State of New York, dated October 25, 1988 (attached).

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. oCT 26 '90 13:46 S.C. DHEC 734-dOO

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South Carolina Department of Health sen amy and Environmental Control _%"@ *"

Johnson 3,.e4-MTH 10/31/8E 1600 m street Hury M. Ha:Iman,Jr Chattrean Cabrabta, 5 C. 29201 Tony Grahara Jr.M.D % Chairman John a. Pata, M.D 4 5eetog Cosmiestenee *'T '

Mkheel D. Jurett y Evte M. CoMs M.D.

Henry 8.Jorden M.D.

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October 25, 1988 prtified Mail

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. Mr. Radford J. converse Resident Manager New YorX Power Authority James A. FitEpatrick Nuclear Power plant P.O. Box 41

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Lycoming, New York 13093

Dear Mr. Converse:

19ss by the 8.C.

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An investigatinn Department nnnducted of Health on OgtgkgrCon and Environmental 11, trol r&veales tnat a

shipment of radioactive waste received at the chem-Nuclear Systems, Inc. burial facility in Barnwell, s.c. was in nonsamplianon with applinnhia state and gpd9r4 regulations.

! The violation is identified as follows:

Radioactive Waste Shipment No. 1088-067 classified as Radicactive LSA, nos, described as resin solidified with cement, l Material,in packaged a otsel liner, and transported as Exclusive Use in a LN 14-170-6 shipping cask was found to be improperly solidified.

Since this waste contained 7.6% picolinio acid, this is a violation of Condition 46 of 8.c. Radioactive Material License 097 and 6totion 1 2 of Department Regulation 61-83.

Please be informed that pursuant to Section 13-7-180, S.C. Code of Laws, (as amanded) and Section 7.3 of the Department's Regulations for the Transportation of Radionotive Waste Into or Within Deuth catolina, ynn are harshy agg99 sed a civil penalty of one thousand dollars ($1,000.00) .

This shipment has been returned to your facility for investiga-tion. Further, all shipments of solidified decontamination resins and solutions are hereby prohibited from receipt at the Barnwell facility pending Department approval of corrective actione end/or procedural modifications.

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New York Power Authority cartified M

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Fitspatrick Power Plant october 28, 1988 Page 2 i

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The investigation and report shall be conducted in nocordance with your letter dated October 17, 1988 and per your staff'sThis conversation with Mr. Virgil R. Autrer on Cotober 19, 1988.

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report must be received by the Department no later than November 14, 1988.

If you do not wish to appeal this decision, payment of the civil penalty shall be submitted no later than November 14,ironmental1988, and made payable to the 8.C. Department of Health and Env control.

You are entitled to a full administrative hearing upon request, and have ao days from the date of this letter to make such a However

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w$ thusinaninforma[shouldyouwishtodiscussthismattersetting, plication. representa

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will be made available to meet with you at a mutually convenient time. Should you desire such a conference or wishVito request a fusal administrative hearing planse gent il R. Autry

of this Bureau of Radiological Health at ( t)N[754-4 3 3.

j Very truly yours, j i

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G. 8 taly Chief

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reau of Radiolo ical health CWS/ad j oo: Mr. Willian 3. House, Director

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Licensing, Chen-Nuolsar Dystems, Inc.

Mr. Robert Trojanowski, State Liaison Of ficer U.S. Nuclear Regualtory Commission, Region II i Mr. Charles W. Scott, Health Physicist i LLN Inspection and compliance l

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