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EA-97-575 - Union Camp Corporation

February 5, 1998

EA 97-575

Union Camp Corporation
ATTN: Mr. Ed Turner
Resident Manager
Fine Paper Division
P. O. Box 178
Franklin, VA 23851

SUBJECT: NOTICE OF VIOLATION
(NRC INSPECTION REPORT NO. 45-11414-01/97-01)

Dear Mr. Turner:

This refers to the inspection conducted on November 20, 1997, at your facility in Franklin, Virginia. The purpose of the inspection was to determine whether activities authorized by the license were conducted safely and in accordance with regulatory requirements. The results of the inspection were formally transmitted to you by letter dated December 15, 1997. That letter also provided you the opportunity to respond to the apparent violations or request a predecisional enforcement conference. Subsequently, you declined a conference, and by letter dated January 15, 1998, you submitted additional information to us regarding the apparent violations, the root causes, and your corrective actions to preclude recurrence. We have reviewed the inspection results and the additional information you provided and have concluded that sufficient information is available to determine the appropriate enforcement action in this matter.

Based on the information developed during the inspection and the information that was provided in your January 15, 1998, letter, the NRC has determined that violations of NRC requirements occurred. The violations are cited in the enclosed Notice of Violation (Notice), and the circumstances surrounding them are described in detail in the subject inspection report. Violation A involves two examples of the failure to ensure that relocation of a fixed gauge containing a sealed source was performed by persons specifically licensed to perform such services as required by License Condition 14. Violation B involves two examples of the failure to conduct radiological surveys or ensure that surveys were performed by licensed personnel during relocation of fixed gauges containing sealed sources as required by License Condition 15. The root causes of these violations were an inadequate understanding of license requirements by Union Camp Corporation personnel performing the relocation activities and inadequate procedures for implementing the requirements.

The actual safety consequences of Violations A and B were low because the gauge shutters were locked closed at the time of relocation and the gauges were properly handled, i.e., the shuttered end of the gauge was turned away from the individual during relocation. In addition, your Radiation Safety Officer stated that survey measurements were performed at the direction of, and in the physical presence of the licensed gauge service vendor. However, the NRC is concerned regarding the potential consequences associated with unlicensed and technically unqualified individuals relocating and surveying a fixed gauge containing licensed materials. These consequences could have included excessive radiation exposure to members of your staff and members of the public. In this instance, the apparent lack of coordination with the Radiation Safety Officer regarding the movement of the gauge and the lack of adequate training of facility staff on such activities is a significant regulatory concern. Therefore, Violations A and B have been classified in the aggregate in accordance with the "General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600, as a Severity Level III problem.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $2750 is considered for a Severity Level III problem. Because your facility has not been the subject of escalated enforcement action within the last two years or two inspections, the NRC considered whether credit was warranted for Corrective Action in accordance with the civil penalty assessment process described in Section VI.B.2 of the Enforcement Policy. Your corrective actions with regard to Violations A and B, as described in your letter dated January 15, 1998, include but are not limited to (1) training all department personnel relative to the specific license conditions imposed on the installation and relocation of the gauges, (2) procedural revisions to clarify the specific requirements pertaining to gauge relocation, (3) training associated with the requirement that radiological surveys be performed by licensed personnel, and (4) additional training subsequent to the completion of a new Radiation Safety Video with special emphasis on the issues associated with the violations. The NRC concluded that the above corrective actions were both prompt and comprehensive. Based on these facts, the NRC determined that credit was warranted for the factor of Corrective Action.

Therefore, to encourage prompt and comprehensive correction of violations and in recognition of the absence of previous escalated enforcement, I have been authorized not to propose a civil penalty in this case. However, significant violations in the future could result in a civil penalty. In addition, issuance of this Notice constitutes escalated enforcement action that may subject you to increased inspection effort.

Violations C and D are classified separately at Severity Level IV and are described in the enclosed Notice. Violation C involves the failure to ensure that fixed gauges containing licensed materials were visibly labeled as required by 10 CFR 20.1904(a). Violation D involves failure to conduct annual audits of the Radiation Protection Program as required by 10 CFR 20.1101(c).

For Violations A, B, and C, 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 will be achieved is already adequately addressed on the docket in your letter dated January 15, 1998. However, you are required to submit a written statement or explanation pursuant to 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 II, within 30 days of the date of the letter transmitting this Notice of Violation.

With regard to Violation D, your January 15, 1998, response indicated that you failed to identify changes to the regulatory requirement associated with the conduct of annual audits of the Radiation Safety Program (i.e., 10 CFR 20.1101), and thus procedures were not revised to reflect this new requirement. However, your response did not address any actions you have taken to evaluate the effect that other regulatory changes may have had on your internal procedures. The NRC requests that you provide additional information regarding any changes you have or will make to ensure that current NRC regulations have been incorporated into your procedures.

Therefore, you are required to respond to Violation D of this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In your response, you should document the specific actions taken and any additional actions you plan to prevent recurrence. After reviewing your response to this Notice, including your proposed corrective actions and the results of future inspections, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.

If you have any questions regarding this letter, please contact Douglas M. Collins, Director, Division of Nuclear Materials Safety at (404) 562-4700.

Sincerely, Luis A. Reyes
Regional Administrator

Docket No. 030-06597
License No. 45-11414-01

Enclosure: Notice of Violation

cc w/encl:
Commonwealth of Virginia

NOTICE OF VIOLATION

Union Camp Corporation
Franklin, Virginia		 Docket No. 030-06597
License No. 45-11414-01
EA 97-575

During an NRC inspection conducted on November 20, 1997, violations of NRC requirements were identified. In accordance with the "General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, the violations are listed below:

A. License Condition 14 requires that installation, initial radiation survey, relocation, removal from service, maintenance, and repair of devices containing sealed sources shall be performed by persons specifically licensed by the Commission or an Agreement State to perform such services.

Contrary to the above,

1. On September 6, 1994, a Kay Ray Model 7062 fixed gauging device containing 100 millicuries (mCi) of cesium 137 (Cs-137) was relocated by a person not specifically licensed by the Commission or an Agreement State to perform such services.

2. On March 20, 1996, a Kay Ray Model 7063PS fixed gauging device containing 500 mCi of Cs-137 was relocated by a person not specifically licensed by the Commission or an Agreement State to perform such services. (01013)

B. License Condition 15 requires that, prior to initial use and after installation, relocation, dismantling, alignment, or any other activity involving the source or removal of the shielding, the licensee shall assure that a radiological survey is performed to determine radiation levels in accessible areas around, above and below the gauge with the shutter open. License Condition 15 further requires that this survey shall be performed only by persons authorized to perform such services by the Commission or an Agreement State. A record of the results of this survey shall be maintained for the duration of the license.

Contrary to the above,

1. On September 6, 1994, a radiological survey of a relocated gauge was performed by a person not authorized to perform such services by the Commission or an Agreement State.

2. On March 20, 1996, no radiological survey was performed to determine the radiation levels around a relocated Kay Ray Model 7063PS fixed gauging device containing 100 mCi of Cs-137. (01023)

These violations represent a Severity Level III problem (Supplement VI).

C. 10 CFR 20.1904(a) requires the licensee to ensure that each container of licensed material bears a durable, clearly visible label bearing the words "CAUTION, RADIOACTIVE MATERIAL," or "DANGER, RADIOACTIVE MATERIAL."

Contrary to the above, on November 20, 1997, containers of Cs-137 did not bear a durable, clearly visible label bearing the words "CAUTION, RADIOACTIVE MATERIAL," or "DANGER, RADIOACTIVE MATERIAL." Specifically, labels on several fixed gauges containing 100 to 500 millicuries of Cs-137 were either missing or obscured by dust, dirt, or other materials. (02014)

This is a Severity Level IV violation (Supplement IV).

D. 10 CFR 20.1101(c) requires that the licensee shall periodically (at least annually) review the radiation protection program content and implementation.

Contrary to the above, during the period January 1, 1993, to November 20, 1997, the licensee did not periodically (at least annually) review the radiation protection program content and implementation. Specifically, the Radiation Safety Officer reviewed the content and the implementation of the licensee's radiation program on a biennial basis. (03014)

This is a Severity Level IV violation (Supplement IV).

The NRC has concluded that, for Violations A, B, and C, 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 will be achieved is already adequately addressed on the docket in your letter dated January 15, 1998. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description for Violations A, B, and C 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 II, within 30 days of the date of the letter transmitting this Notice of Violation.

Regarding Violation D, pursuant to the provisions of 10 CFR 2.201, Union Camp Corporation is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555, with a copy to the Regional Administrator, Region II, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a "Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation or severity level, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, 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.

If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Atlanta, Georgia
this 5th day of February 1998

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