ML20198Q079

Notice of Violation from Insp on 971006-10.Violation Noted:Class 7 Radioactive Matl Package Excepted from Specification Packaging,Marking & Labeling Requirements & Shipping Paper & Certification Were Improperly Transported

ML20198Q079
Person / Time
Site:	Davis Besse
Issue date:	11/04/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20198Q054	List: IR 05000346/1997012 ML20198Q051 ML20198Q079
References
50-346-97-12, EA-97-504, NUDOCS 9711120101
Download: ML20198Q079 (2)

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i NOTICE OF VIOLATION Centerior Service Company - Docket No. 50 346 Davis Besse Nuclear Power Plant License No. NPF-3 EA 97-504 During an NRC inspection conducted from October 6,1997, through October 10,1997, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

10 CFR 71.5(a) requires, in part, that each licensee who transports licensed material outside the site of usage, or where transport is on public highways, or who delivers licensed material to a carrier for transport, shall comply with the applicable requirements of the Department of Transportation regulations in 49 CFR Parts 170 through 189 appropriate to the mode of 4 transport.

49 CFR 173.421 (a)(2) requires, in part, that a Class 7 (radioactive) material whose activity per package does not exceed the limits specified in 49 CFR 173.425 and its packaging are -

excepted from the specification packaging, marking, labeling, and if not a hazardous substance or hazardous waste, the shipping paper and certification roquirements, if the radiation level at any point on the extemal surface of the package does not exceed 0.005 mSv/ hour (0.5 mrem / hour).

Contrary to the above, on August 28,1997, the licensee improperly transported a Class 7 (radioactive) material package as a package excepted from the specification packaging, marking and labeling requirements, and the shipping paper and certification requirements.

Specifically, this package had external package readings of up to 0.025 mSv/hr which exceeded the 0.005 mSv/hr maximum radiation limit on the external package required for excepted packages in 49 CFR 173.421,  ;

This is a Severity Level IV Violation (Supplement V).

Pursuant to the provisions of 10 CFR 2.201, Centerior Service _ Company is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington,= D.C. 20555 with a copy to the Regional Administrator, Region lit, and a copy to the NRC Resident inspector at the facility that is the subject of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for the violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, -

(2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be

-achieved. Your response may reference or include previous docketed correspondence if the ,

correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

9711120101 971104 PDR ADOCK 05000346 G PDR i

l Notice of Violation 2 Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then pleasc provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you (nust specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information), if safeguards information is necessary to provide an acceptable response, pleasa provide the level of protection described in 10 CFR 73.21.

Dated at Lisle, IL this %* day of November 1997 l