EA-96-476 - A. Z. Bullitt Avenue Ltd.
Mr. Abraham Zion, President
Zion Bullitt Avenue Ltd. Partnership
4630 Fieldstone Road
Bronx, New York 10471
SUBJECT: NOTICE OF VIOLATION (Inspection No. 030-32678/96-001
Dear Mr. Zion:
This refers to the NRC inspection conducted on October 31, 1996, at your facility in Jeannette, Pennsylvania. The purpose of the inspection was to determine whether activities authorized by your NRC license were conducted safely and in accordance with NRC requirements. At the conclusion of the inspection, the findings were discussed with you and Mr. Harold Andree. During the inspection, an apparent violation of NRC requirements was identified, as described in the NRC inspection report transmitted with our letter, dated November 27, 1996. In the November 27, 1996 letter, you were provided an opportunity to either respond in writing to the apparent violation addressed in the inspection report or request a predecisional enforcement conference. You responded to the apparent violation in letters to the NRC dated December 26, 1996 and January 2, 1997.
Based on the information developed during the inspection, the NRC has determined that a violation of NRC requirements occurred. The violation is cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding it are described in detail in the subject inspection report. The violation involves the failure to complete decommissioning of the Jeannette facility which was required, in accordance with 10 CFR 30.36, since all of your licensed activities ceased in 1983. Because you were still in possession of licensed materials (two 5 curie cesium-137 gauges) at the time of the inspection, you were in violation of the requirement that the facility be decommissioned if principal activities are not conducted in a 24-month period. The failure to transfer the material to an authorized recipient constitutes a Severity level III violation in accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, at Severity Level III.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $2,500 is considered for a Severity Level III violation. Because your facility has not been the subject of an escalated enforcement action within the last two years, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process in Section VI.B.2 of the Enforcement Policy. Credit for corrective actions is warranted because after this issue was brought to your attention by the NRC, your actions to transfer the material to an authorized recipient were considered prompt and comprehensive. These actions included removing and crating of the cesium-137 glass levelers and placing them in a secure location in your building until they were transferred to an authorized recipient on January 14, 1997. In addition, you have completed Form 314 requesting termination of your NRC license
Therefore, to encourage prompt and comprehensive correction of violations, I have been authorized not to propose a civil penalty in this case.
The NRC has concluded that information regarding the reason for the violation, the corrective actions taken and planned to correct the violation and prevent recurrence is already adequately addressed on the docket in your letters dated December 26, 1996, and January 2, 1997, as well as by your submittal of Form 314 dated January 16, 1997. Therefore, 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 2.790 of the NRC's "Rules of Practice," a copy of this letter and its enclosure will be placed in the NRC Public Document Room (PDR).
Sincerely, Hubert J. Miller Regional Administrator
Enclosure: Notice of Violation
Docket No. 030-32678
License No. 37-28735-01
Harold Andree, Radiation Safety Officer
Commonwealth of Pennsylvania
State of New York
Zion Bullitt Avenue Ltd. Partnership Docket No. 030-32678 Jeannette, Pennsylvania License No. 37-28735-01 EA 96-476
During an NRC inspection conducted on October 31, 1996, a violation of NRC requirements was identified. In accordance with the "General Statement of Policy and Procedure for NRC Enforcement Actions," the violation is listed below:
10 CFR 30.36 which became effective August 15, 1994 requires, in part, that a licensee who has not conducted principal activities for a 24-month duration must notify the NRC and begin decommissioning its site within 60 days and then complete decommissioning within two years.
Contrary to the above, as of October 31, 1996, the licensee had not notified the NRC nor completed decommissioning of its facility in Jeannette, Pennsylvania, even though the licensee had not conducted principal activities at the Jeannette facility since 1983. Decommissioning should have been completed by October 15, 1996. Despite this requirement, the licensee remained in possession of two 5 curies cesium-137 glass gauges. (01013)
This is a Severity Level III violation (Supplement VI).
The NRC has concluded that information regarding the reason for the violation, and the corrective actions taken and planned to correct the violation and prevent recurrence, is already adequately addressed on the docket in Zion Bullitt Avenue Ltd. Partnership's submittal of letters dated December 26, 1996, and January 2, 1997, as well as Form 314 dated January 16, 1997. However, you are required to respond to the provisions of 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a "Reply to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region I, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).
Dated at King of Prussia, Pennsylvania
this 31st day of January 1997