05000333/FIN-2008004-02
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Finding | |
|---|---|
| Title | Failure to Make a Written Report of a Non-Conforming Condition Relative to an NRC-Approved Package |
| Description | A self-revealing NCV of 10 CFR Part 71.95 was identified because Entergy did not provide a written report to the NRC as required by 10 CFR Part 71.95 relative to a non-conforming condition involving the shipment of a NRC-approved package. Entergy was informed that a package it shipped to EnergySolutionsTM Barnwell Low Level Radioactive Waste Disposal Facility was found to be in non-conformance with the applicable Certificate of Compliance for the package upon receipt, Entergy did not report the condition to the NRC within 60 days of the occurrence, as required. Failure of Entergy to report the condition, as required by 10 CFR Part 71.95, constitutes a performance deficiency in that the issue is the result of Entergy not meeting a regulatory requirement that was reasonably within Entergys ability to foresee and correct, and should have been prevented. Entergy entered this issue into the corrective action program as condition report (CR)-2008-02772. This violation involved a failure to make a required report to the NRC and is considered to impact the regulatory process. Such violations are dispositioned using traditional enforcement process instead of the Significance Determination Process. Using the Enforcement Policy Supplement IV Transportation, example D4 which states, a noncompliance with shipping papers, marking, labeling, placarding, packaging or loading not amounting to a Severity Level I, II, or III violation; the NRC determined this violation is categorized as a SL IV Violation. The Enforcement Policy Supplement I Reactor Operations examples D3, D4, and D5 are similar to this issue, in that they discuss examples of failures to make required reports for more than minor events, which are also categorized at Severity Level IV. This finding has a cross-cutting aspect in the area of problem identification and resolution related - corrective action program, because Entergy performed an insufficient evaluation of a non-conforming condition associated with an NRC-approved package to assure the matter was properly classified, prioritized and evaluated relative to reportability. (P.1(c)) (Section 4OA2) |
| Site: | FitzPatrick  |
|---|---|
| Report | IR 05000333/2008004 Section 4OA2 |
| Date counted | Sep 30, 2008 (2008Q3) |
| Type: | TEV: Severity level IV |
| cornerstone | Pr Safety |
| Identified by: | Self-revealing |
| Inspection Procedure: | IP 71152 |
| Inspectors (proximate) | P Kaufman S Rutenkroger J Noggle G Hunegs S Mccarver R Cureton C Hott H Gray |
| CCA | P.2, Evaluation |
| INPO aspect | PI.2 |
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Finding - FitzPatrick - IR 05000333/2008004 | |||||||||||||||||||||||||||||||||||||||
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Finding List (FitzPatrick) @ 2008Q3
Self-Identified List (FitzPatrick)
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