ML15021A559

Response to Disputed Notice of Violation 50-193/2014-202

ML15021A559
Person / Time
Site:	Rhode Island Atomic Energy Commission
Issue date:	01/22/2015
From:	Hsueh K P Research and Test Reactors Branch B
To:	Goodwin C Univ of Rhode Island - Kingston
Bassett C
Shared Package
ML15021A565	List: ML15021A559
References
EA-14-220
Download: ML15021A559 (4)

See also: IR 05000193/2014202

Text

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION OFFICIAL USE ONLY - SECURITY RELATED INFORMATION January 22, 2015

EA-14-220

Dr. Cameron Goodwin, Director

Rhode Island Nuclear Science Center Rhode Island Atomic Energy Commission 16 Reactor Road

Narragansett, RI 02882-1165

SUBJECT: RESPONSE TO DISPUTED NOTICE OF VIOLATION 50-193/2014-202 Dear Dr. Goodwin:

This letter refers to Rhode Island Atomic Energy Commission response of September 4, 2014,

regarding a violation that was identified at the Rhode Island Nuclear Science Center (RINSC) facility during inspections that were conducted on March 3-6 and July 7-10, 2014. As documented in the U. S. Nuclear Regulatory Commission's (NRC's) Notice of Violation dated

August 15, 2014, the violation involved two instances of failure to comply with the regulations

concerning access controls as stated in 10 CFR 73.23 and 10 CFR 73.57. The first instance

was for failure to prevent various individuals without proper authorization from having

unescorted access to vital areas of the non-power reactor facility as required. The second instance was that at least one person was allowed access to Safeguards Information-Modified Handling without the required determination of trustworthiness and reliability as required by

10 CFR 73.57(g). The violation was characterized by the NRC as a Severity Level IV violation.

We acknowledged receipt of your reply to NRC Inspection Report No. 50-193/2014-202 in our

letter dated October 3, 2014. In your response of September 4, 2014, you disputed Violation 50-193/2014-202-01 after

concluding that the measures that you have in place are sufficient to provide means of

"escorting" personnel while they are in the vital area of the facility. The NRC has independently

reviewed the information provided and has concluded that Violation 50-193/2014-202-01

occurred as stated in the NRC's Notice of Violation of August 15, 2014. The basis for NRC's conclusion is provided in the Enclosure to this letter.

Because the September 4, 2014 response to the Notice of Violation did not contain all the

required information, Rhode Island Atomic Energy Commission is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001 with a copy to the Director, Office of Nuclear Reactor Regulation, and a copy to the NRC inspector for your facility, within 30 days of the date of this letter transmitting this Response to Disputed Notice of Violation. The reply should

include the following for the first instances stated in the Notice of Violation: (1) the reason for

the violation, (2) the corrective steps that have been taken and the results achieved, (3) the

corrective steps that will be taken, and (4) the date when full compliance will be achieved.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION OFFICIAL USE ONLY - SECURITY RELATED INFORMATION C. Goodwin - 2 -

Your response must follow the handling requirements provided below. If an adequate reply is not received within the time specified in this letter, an order or Demand for Information may be issued as to why the license should not be modified, suspsended, 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.

The cover letter of your response should be written so that it can be made publicly available. Because this issue involves Security-Related Information, the enclosure to your response will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at

http://www.nrc.gov/reading-rm/adams.html. If Security Related Information is necessary to provide an acceptable response, please follow the instructions for withholding in 10 CFR 2.390(b)(1) and mark the information in accordance

with the instructions found in 10 CFR 73.21.

The material enclosed herewith contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorized individuals could present a security vulnerability. Therefore, the material in the enclosure will not be made available electronically for public inspection in the NRC Public Document Room or from the NRC's document system (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Sincerely, /RA/ Kevin Hsueh, Chief

Research and Test Reactors Oversight Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation

Docket No. 50-193

License No. R-95

Nonpublic Enclosure: NRC Evaluation and Conclusion (Security-Related Information)

cc w/o enclosure: See next page

Document transmitted herewith contains security related information. When separated from the enclosure, this letter is uncontrolled.

OFFICIAL USE ONLY - SECURITY RELATED INFORMATION OFFICIAL USE ONLY - SECURITY RELATED INFORMATION Rhode Island Atomic Energy Commission Docket No. 50-193 cc w/o enclosure: Governor

222 State House Room 115

Providence, RI 02903

Dr. Yana K. Reshetnyak Department of Physics University of Rhode Island

East Hall, 2 Lippitt Road

Kingston, RI 02881

Dr. Clinton Chichester, Chairman Rhode Island Atomic Energy Commission

College of Pharmacy

Pharmacy Building

7 Greenhouse Road Kingston, RI 02881

Dr. Jack Breen, Chairman

Nuclear and Radiation Safety Committee

Providence College

Department of Chemistry and Biochemistry 549 River Avenue Providence, RI 02918

Test, Research, and Training

Reactor Newsletter Dr. Nancy E. Breen

Marine and Natural Sciences Building 226

Roger Williams University

One Old Ferry Road Bristol, RI 02809

Dr. Bahram Nassersharif

Dean of Engineering

University of Rhode Island 102 Bliss Hall Kingston, RI 20881

Dr. Howard Chun

Cranston High School East 899 Park Avenue Cranston, RI 02910

Supervising Radiological Health Specialist

Office of Occupational and Radiological

Health Rhode Island Department of Health 3 Capitol Hill, Room 206

Providence, RI 02908-5097

202 Nuclear Sciences Center University of Florida

Gainesville, FL 32611

ML15021A559 (Ltr.); ML15021A565 (Pkg.); ML15021A561 (Encl.); *concurred via e-mail NRC-002 OFFICE NRR/DPR/PROB/RI* NRR/DPR/PROB/BC NAME CBassett KHsueh DATE 01/22/2015 01/22/2015