ML20134A384
| ML20134A384 | |
| Person / Time | |
|---|---|
| Issue date: | 10/29/1985 |
| From: | Axelson W, Simmons T, Sreniawski D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | |
| Shared Package | |
| ML20134A374 | List: |
| References | |
| 99990003-85-110, NUDOCS 8511040383 | |
| Download: ML20134A384 (5) | |
See also: IR 05000925/2010010
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- U. S. NUCLEAR' REGULATORY COMMISSION
REGION:III
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- Report No.'999-90003/85-110(DRSS).
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Docket No. 999-90003
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hicensee: . Delmont'e Corporation
One Market Plaza
San Francisco, CA 94119
. Inspection Conducted:
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September 25 through October 10, 1985
~0nsite Inspection Conducted On: October 3, 1985
Located At: DelMonte Corporation
506 W. North Street
Plymouth, Indiana
Inspector: T. L. Simmons _m . (0/G1/6f
Radiation Specialist '
Dat / ,
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Reviewed By: ' D. J. Sreniawski, Chief . IO[Gg/g $ ;
Nuclear Materials Safety '
Datd
Section 2 -
E- AphrovedBy: W. L. elson, h IC 't f
Nuclear Materials Safety Date ;
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and Safeguards Branch
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Inspection ~ Summary
Inspection on September 25 through October 10, 1985
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(Report No. 999-90003/85-110(DRSS)) '
Areas Inspected: Special safety inspection of the circumstances involving a
gauge containing radioactive material retrieved from a scrap yard. This
- inspection included a review of records.. letters and documents, and interviews
' with individuals. involved. The inspection involved a total of 21 hours2.430556e-4 days <br />0.00583 hours <br />3.472222e-5 weeks <br />7.9905e-6 months <br /> by one.
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NRCh i nspector.
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Results: ?Three violations were identified: (1) 10 CFR 31.5(c)(2) --failure ~
Lto perform xleak tests at required intervals (Section 3); (2) 10 CFR 31.5(c)(3) -
removal from installation by una'uthorized individuals (Section 3); (3) 10 CFR t
, 31.5(c)(8) - unauthorized disposal of byproduct material (Section 3).
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- l .8511040383 851029 :
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99990003 PDR
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DETAILS
1. Persons Contacted
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F. Calhoun, President, Industrial Dynamics Co. Ltd., Torrence, California
R. Ohms, Foreman, Milupa Corporation, East Troy, Wisconsin
R. Filter, Plant Manager, Milupa Corporation, East Troy, Wisconsin
J. Newton, QA Manager,.DelMonte Corporation, Dayton, New Jersey
- K. Peacock, Plant Manager, DelMonte Corporation, Plymouth, Indiana
- D. Stevenson, Engineer, DelMonte Corporation, Plymouth, Indiana
P. Martin, DelMonte Corporation, Plymouth, Indiana
M. Morris, Manager, Franklin Scrap Yard, Plymouth, Indiana
J. VanKirk, Driver, Franklin Scrap Yard, Plymouth, Indiana
B. Mervis, Manager, Mervis'and Sons Scrap Yard, Kokomo, Indiana
-C. Holderead, Director, Civil Defense Office,-Marshall County, Indiana
R. Hudson, Civil Defense Office, Indianapolis, Indiana
H. Stocks, Indiana State Board of Health
W. Spain, Director, Corporate Quality. Assurance and
Regulatory Affairs
- Present at exit interview (via telephone).
2. Purpose of Inspection
This was a special inspection to review the circumstances surrounding an
americium-241 gauge found in a scrap yard. This incident was reported
to NRC Region III by the Indiana State Board of Heal . on September 25,
1985.
3. Inspection Findings
A 100 millicurie americium-241 gauge was discovered at a Kokomo, Indiana
scrap yard on or about September 19, 1985. The gauge was part of a load
of scrap sent ther'e for cutting by the Franklin Scrap Yard of Plymouth,'
-Indiana.' The gauge was returned to Plymouth by a Franklin Scrap Yard
driver on September 20, 1985 because it was labeled " radioactive material."
Yard personnel notified the local Civil Defense Office the following Monday
-(September 23). Civil Defense personnel,-upon confirming that the device
was radioactive, transported it to the Indiana State Board of Health (see
Attachment A - Civil Defense report). Indiana State Board of Health (ISBH)
personnel performed a leak test, a radiation survey, and photographed the
device (see Attachment 8 - ISBH memo and photos). No leakage was detected.
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They also-arranged to ship the device to the manufacturer. Upon receipt,
the manufacturer verified the integrity of the source.(see Attachment C -
leak test results).
It was determined by device and source serial numbers that the gauge
was purchased from Industrial Dynamic Company, Ltd. of Torrence, Cali-
fornia by RJR r' cods of Winston-Salem, North Carolina in 1979. The device
was installed by the manufacturer in a plant located in East Troy,
Wisconsin (see Attachments D and E).
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The gauge was removed from installation sometime after March 8, 1980 by
RJR Foods /DelMonte personnel and placed into storage at its Dayton, New I
Jersey plant (see Attachment F). Removal ~of a generally licensed nuclear I
gauge from installation by a general licensee is in violation of 10 CFR
31.5(c)(3), which states that the removal from installation of a generally
licensed device containing radioactive material shall be performed by a
person holding a specific license or an Agreement State licensee to per-
form such activities.
At some time after October 1980 the gauge, along with other surplus
equipment, was transferred to the DelMonte plant in Plymouth, Indiana
where it was placed in storage. In August 1985, DelMonte personnel
discarded the gauge as scrap which was sold to Franklin Scrap Yard.
Disposal of licensed material in this manner is a violation of 10 CFR
31.5(c)(8), which states that a general licensee shall dispose of the
device containing byproduct material only by transfer to persons holding
a specific license or an Agreement State to receive the. device.
In addition, the last leak test of the gauge was performed in March 1980
by the manufacturer. No leak tests were performed while the gauge was
in storage. Failure to perform six month leak tests is a violation of
10 CFR 31.5(c)(2), which states any person who acquires, receives,
possesses or uses by product material in a device pursuant to a general
license shall assure that the device is tested for leakage of radioactive
material at no longer than six month intervals.
Three violations were identified.
4. Exposure Estimate
The only person determined to be in proximity of the gauge was the driver
who transported the device from Kokomo, Indiana to Plymouth, Indiana. The
driver stated that the trip took about 1-1/2 hours and that the gauge wac
on the front seat, four feet away from him.- It is not known whether the
device was in the on or off position at this time. However, the device
was in the on position when confiscated by the ISBH. Accordingly,
assuming that the device was in the on position, the following exposure
estimates were made based on the Indiana State Board of Health's radiation
survey:
The source is 0.8 inches from the surface of the device.
The radiation level was 200 mR/hr at the surface of the device.
The exposure rate (E) calculated for a distance of 4 ft. would be:
E = 200 mR/hr (0.8")2 = 0.06 mR/hr *
( 48")2
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- Theidose (D) to the-truck driver would be:
D =-0.06 mR/hr 9 4.ft. x 1-1/2 hrs.
D = 0.08 mR @.4 ft.
, , Worst Case: device 2 feet from driver
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D = 0.33 mR @ 2 ft.
=In both cases, driver at 4 ft. or at 2 ft. , would have resulted in a
dose to the' driver of less than 0.5 mR which represents no significant
' health hazard.
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5. Exit Interview
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0n~0ctober-3, 1985, the inspector met with those individuals denoted
in Section 1.of this report. The discussion included'a review of;the
incident,.the licensee's corrective measures taken, and potential NRC
enforcement action. This' matter was also discussed with Mr. W.- Spain,
Director,-Corporate Quality Assurance and Regulatory Affairs on
, October.4, 1985. Mr. Spain submitted, in a letter dated October 7, 1985 *
E .-(see-Appendix 3),.further corrective measures to be taken by DelMonte .
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- 6. Enforcement Conference.
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'A'n Enforcement Conference was held by telephone on October 21, 1985 to
. discuss the findings ofian NRC1special safety inspection conducted on
September 25 through October 10, 1985.~ The conference was conducted
-between Messrs. Spain and Fish of DelMonte's staff, and Mr. J. A. Hind
and members of the NRC Region III staff. The purpose of the conference
was to.(1) discuss the apparent violations, their significance and causes,
-and the licensee's corrective actions; (2) determine whether there were
any aggravating or mitigating. circumstances, and (3) obtain other informa-
tion which could help determine the appropriate enforcement action.
.Mr. J. A. Hind, Director, Division of Radiological Safety and Safeguards,
p opened the conference by describing the purpose and scope of the meeting
as well as the NRC. enforcement policy and concerns raised as a result of
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the September 25 through October. 10, 1985. inspection. .
The-apparent violations were reviewed with the licensee. The licensee
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representatives were not in. disagreement with the factslas' stated. The
licensee representatives were informed that the unauthorized removal and
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-disposal of.the gauge could represent a Severity Level III violation
pursuant.to NRC policy.
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- Attachments:
A. Civil Defe~nse Report
- B. Indiana. State Board of
Health Memo and
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. Photographs of Device
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C. -Industrial Dynamics Co.
-Ltd. Leak Test Results
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D. Industrial Dynamics Co.
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Ltd. Shipping Record
. E. Industrial Dynamics Co.
Ltd. Service Record
F. _ Correspondence /Milupa
and RJR Foods
Appendix:
1. Chronology of Events
-Concerning Filter Gauge
. 2. Sample Package Sent to
. General Licensees by
Industrial Dynamics
- 3. De1 Monte Corporation
Letter dated 10/03/85
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