ML18088A059
| ML18088A059 | |
| Person / Time | |
|---|---|
| Site: | 03032196 |
| Issue date: | 03/29/2018 |
| From: | Kennedy K M NRC Region 4 |
| To: | Parkinson M St. Luke's Regional Medical Ctr, Boise, ID |
| References | |
| EA-17-181 IR 2017001 | |
| Download: ML18088A059 (5) | |
Text
OFflCIAL USI! ONLY -SECURln-RELATED INFORIVIA i ION UNITED STATES NUCLEAR REGULATORY COMMISSION REGION IV EA-17-181 Mr. Mark Parkinson, Administrator St. Luke's Regional Medical Center 190 E. Bannock Boise, ID 83712 1600 EAST LAMAR BOULEVARD ARLINGTON, TEXAS 76011-4511 March 29, 2018
SUBJECT:
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENAL TY -$7,250, NRC INSPECTION REPORT 030-32196/2017-001
Dear Mr. Parkinson:
This letter refers to the routine, unannounced inspection conducted on August 28, 31, and September 1, 2017, at your facilities in Twin Falls and Boise, Idaho. The purpose of the inspection was to examine activities conducted under your license as they relate to public health and safety, and the common defense and security, and to confirm compliance with the U.S. Nuclear Regulatory Commission's (NRC's) rules and regulations and with the conditions of your license. The results of the inspection and details regarding the apparent violations were provided in NRC Inspection Report 030-32196/2017-001, dated December 14, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession ML 173488491
).
- On January 31, 2018, a predecisional enforcement conference was conducted at the NRC's Region IV office with you and members of your staff to discuss the apparent violations, their significance, their root causes, and your corrective actions. The conference was closed to public observation because Security-Related Information was discussed.
Based on the information developed during the inspection and the information that you provided during the predecisional enforcement conference, the NRC has determined that violations of NRC requirements occurred.
These violations are cited in the enclosed Notice of Violation (Notice) (Enclosure
- 1) and the circumstances surrounding them are described in detail in the subject inspection report. The violations involved failures associated with the security requirements in Title 1 O of the Code of Federal Regulations ( 1 O CFR) Part 37. Because of the potential consequences associated with the violations, the violations have been categorized as an escalated enforcement action in accordance with the NRC Enforcement Policy. Enclosure 2 contains the NRC's review of the security=related violations and corrective actions. Enclosures 1 and 2 contain Official Use Only-Security-Related Information.
Upon separation, this cover letter and Enclosure 3 are decontrolled.
OFFICIAL USE ONLY SECURITY RELATED INFORMATION M. Parkinson OFFICIAL USE ONLY -Sl:CUPtlTY-Pt!LATl!D INFOFtMATION 2 Because your facilities have not been the subject of escalated enforcement actions within the last two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section 2.3.4 of the Enforcement Policy. The NRC determined that Corrective Action credit is not warranted.
When assessing Corrective Action credit, the NRC evaluates both the promptness and the comprehensiveness of the licensee's corrective actions. Notwithstanding eventual effective comprehensive corrective actions, immediate corrective actions were not taken to restore safety and compliance once the violations were identified.
To emphasize the importance of prompt and comprehensive correction of violations, I have been authorized, after consultation with the Director, Office of Enforcement, to issue the enclosed Notice of Violation and Proposed Imposition of Civil Penalty in the base amount of $7,250 for this escalated enforcement action. In addition, issuance of this Notice constitutes escalated enforcement action that may subject you to increased inspection effort. If you disagree with this enforcement sanction, you may deny the vio~ation, as described in the Notice, or you may request alternative dispute resolution (ADR) with the NRC in an attempt to resolve this issue. Alternative dispute resolution is a general term encompassing various techniques for resolving conflicts using a neutral third party. The technique that the NRC has decided to employ is mediation.
Mediation is a voluntary, informal process in which a trained ne4tral mediator works with parties to help them reach resolution.
If the parties agree to use ADR, they select a mutually agreeable neutral mediator who has no stake in the outcome and no power to make decisions.
Mediation gives parties an opportunity to discuss issues, clear up misunderstandings, be creative, find areas of agreement, and reach a final resolution of the issues. Additional information concerning the NRC's ADR program can be found at http://www.nrc.gov/about-nrc/regulatory/enforcement/adr.html. The Institute on Conflict Resolution at Cornell University has agreed to facilitate the NRC's program as a neutral. third party. If you are interested in pursuing this issue through the ADR program, please contact: (1) the Institute on Conflict Resolution at 877-733-9415; and (2) Mr. Michael C. Hay at 817-200-1455 within 10 days of the date of this letter. You may also contact both the Institute on Conflict Resolution and Mr. Hay for additional information.
Your submitted signed agreement to mediate using the NRC's ADR program will stay the 30-day time period for payment of the civil penalties until the ADR process is completed.
The NRC has concluded that information regarding the reason for the violations, the corrective actions taken and planned to correct the violations and prevent recurrence, and the date when full compliance was achieved is already adequately addressed on the docket. This information contains security-related information and therefore is not publically available.
You are not required to respond to this letter unless the description therein does not accurately reflect your corrective actions or your position.
In that case, or if you choose to provide additional information, you should follow the instructions specified in the enclosed Notice. In accordance with 10 CFR 2.390 of the NRC's "Agency Rules of Practice and Procedure," a copy of this letter and Enclosure 3 will be made available for public inspection in the NRC's Public Document Room or from the NRC's ADAMS accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. However, the material in Enclosures 1 and 2 contains Security-Related Information in accordance with 10 CFR 2.390(d)(1) and its disclosure to unauthorizec;i individuals could OFFICIAL USE ONLY SECURITY RELATED INFORMATION M. Parkinson OFFICIAL l:ISE ONLY 6EGURITV-RELATED INFORMATION 3 present a security vulnerability.
Therefore, Enclosures 1 and 2 will not be made available electronically for public inspection in the NRC's Public Document Room or from the NRC's ADAMS. If Security-Related Information is necessary to provide an acceptable response, please mark your entire response Security-Related lnforma~ion in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in 10 CFR 2.390(b)(1
). In accordance with 10 CFR 2.390(b}(1)(ii), the NRC is waiving the affidavit requirements for your response.
If you have any questions concerning this matter, please contact Mr. Michael C. Hay of my staff at 817-200-1455.
Docket No.: 030-32196 License No.: 11-27312-01 Non-Public
Enclosures:
- 1. Notice of Violation and Proposed Imposition of Civil Penalty 2. Review of Security-Related Violations Public
Enclosure:
- 3. NUREG/BR-0254 Payment Methods Sincerely, Kriss M. Kennedy Regional Administrator OFFICIAL l:ISE ONLY SECURITY RELATED INFORMATION If you have questions, please visit https://www.nrc
.gov and search for "License Fees." Questions may also be directed to the NRG Accounts Receivable Help Desk by e-mail at FEES.Resource@nrc.gov, b~' phone at (301} 415-7554, or by writing to the address below: U.S. NUCLEAR REGULATORY GOMMISSIO,~
OGFO/DOG/ARB Mall Stop T9-E10 Washington, DC 20555-0001 APPROVED BY 0MB: NO. 3150-0190 Estimated burden per response to comply with this voluntary collection request: 10 minutes. This brochure provides information about available payment methods. Forward comments about to burden estimate to the Records Management Branch (T6-F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (3150-0190), Office of Management and Budget, Washington, DC 20503. If a means used to impose an information collection does not display a currently valid 0MB control number, the NRG may not conduct or sponsor, and a person is not required to respond to, the information collection.
NRG accepts the methods described below. To pay by Automated Clearinghouse/
Electronic Data Interchange (ACH/EDI), provide a copy of NRG Form 628 to your financial institution.
You may obtain a copy of NRG Form 628 by calling the NRG Accounts Receivable Help Desk at (301) 415-7554.
The NRC is currently accepts credit card payments of up to $24,999.99.
For payment by credit card, go to Pay.gov, search for "U.S. Nuclear Regulatory Commission Fees" and enter the required information.
You may also mail or fax NRC Form 629 following the directions on the form. To obtain a copy of NRG Form 629 go to http://www.nrc.gov and search for "NRC Form 629" or call the NRC Accounts Receivable Help Desk at (301) 415-7554.
!?.~~.Y!'! The NRC can receive funds through the U.S. Department of the Treasury (Treasury)
Fedwire Deposit System. The basic wire message format below complies with the Federal Reserve Board's standard structured third-party format for all electronic funds transfer (EFT) messages.
See the sample EFT message to Treasury below. Each numbered field is described below. TO tl . 021030004
-.. "ROM I , .. ~----*-----------* *-----. 0. . TREAS NYC/CTR f) @ ' BNF-/AC-31000001 OBJm O JIECBVEIMIFI#
-Treasury's routing number for deposit messages is 021030004.
8 TYPE-SUBTYPE-CD
-The sending bank will provide the type and subtype code. 8 SENDER*DFI#-
The sending bank will provide this number. 9 SENDER-REF#
-The sending bank will insert this 16-character reference number at its discretion.
8 AMOUNT -The transfer amount must be punctuated with commas and decimal point; use of the "$" is optional.
The depositor will provide this item. 8 SENDER*DFl*NAME
-The Federal Reserve Bank will automatically insert this information.
- 8 RECEIVER*DFl*NAME
-Treasury's name for deposit messages is "TREAS NYC". The sending bank will enter this name. Ct PRODUCT CODE -A product code of "CTR" for customer transfer should be the first item In the reciever text field. Other values may be entered, if appropriate, using the American Bankers Association's options. A slash must be entered after the product code. t) AGENCY LOCATION CODE (ALC) -THIS ITEM IS OF CRITICAL IMPORTANCE.
IT MUST APPEAR ON THE FUNDS TRANSFER DEPOSIT MESSAGE IN THE PRECISE MANNER AS STATED TO ALLOW FOR THE AUTOMATED PROCESSING AND CLASSIFICATION OF THE FUNDS TRANSFER MESSAGE TO THE AGENCY LOCATION CODE OF THE APPROPRIATE AGENCY. The ALC identification sequence can, if necessary, begin on one line and end on the next line; however, the field tag "BNF=" must be on one line and cannot contain any spaces. The NRC's 8-digit ALC is: BNF=/AC-31000001 G THIRD*PAIITT INFORMATION
-The Originator to Beneficiary Information (OBI) field tag "OBI=" signifies the beginning of the free-form third-party text. All other identifying information intended to enable the NRC to identify the deposit-for example, NRC annual fee invoice number, description of fee, 1 o CFR 171 annual fee, and licensee name-should be placed in this field. The optimum format for fields 7, 8, 9, and 1 O using an 8-digit ALC is as follows: TREAS NYC/CTR/BNF=/AC-31000001 OBI= The optimum format, shown above, will allow 219 character positions of information following the "OBI=" indicator.
If the licensee's bank is not a member of the Federal Reserve System, the nonmember bank must transfer the necessary information and funds to a member bank, which then must transfer the information and funds to the local Federal Reserve Bank. For a transfer of funds from local Federal Reserve Banks to be recorded on the same day, the transfer must be received at the New York Federal Reserve Bank by 4 p.m., EST. Otherwise, the deposit will be recorded on the next workday. Checks should be made payable to the U.S. Nuclear Regulatory Commission with the invoice number, Enforcement Action number, or other information that identifies the payment, written on the check. Mail the check to the following address: U.S. Nuclear Regulatory Commission U.S. Bank P.O. Box 979051 St. Louis, MO 63197-9000 FedEx or overnight mailings must be delivered to the following address: U.S. Nuclear Regulatory Commission U.S. Bank Government Lockbox SL-MO-C2GL 1005 Convention Plaza St. Louis, MO 63101 You must file your Taxpayer Identification Number (TIN) with the NRC. Use NRG Form 531 to provide your TIN. You may obtain NRC Form 531 from the NRC Web site at http://www.nrc.gov by searching for "NRC Form 531" or by calling the NRG Accounts Receivable Help Desk at (301) 415-7554.