[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17730]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-02278; License No. 24-00513-32 EA 94-113]

 

The Curators of the University of Missouri-Columbia, Columbia, 
Missouri; Confirmatory Order Modifying License (Effective Immediately)

I

    The Curators of the University of Missouri-Columbia (Licensee) is 
the holder of NRC License No. 24-00513-32 issued by the Nuclear 
Regulatory Commission (NRC or Commission) pursuant to 10 CFR Parts 30 
and 35. The license authorizes the Licensee to conduct research and 
development, instrument calibration, student instruction and medical 
diagnosis and therapy. The license was issued on April 6, 1962, was 
most recently amended on May 11, 1994, and is due to expire on July 31, 
1998.

II

    From January 24 through January 28, 1994, the NRC conducted a 
safety inspection of licensed activities at the University of Missouri-
Columbia. Numerous apparent violations were identified during the 
inspection. The findings of the inspection were documented in 
Inspection Report No. 030-02278/94001(DRSS) issued to the Licensee on 
February 23, 1994.
    The NRC is concerned that the circumstances surrounding the 
numerous violations reflect inadequate control over the safe use of 
licensed material. The Licensee met with the NRC staff during a 
management meeting on February 24, 1994, and during an open enforcement 
conference on February 28, 1994, at the NRC Region III office to review 
the circumstances that led to the violations. During the enforcement 
conference, the Licensee proposed various corrective actions that could 
be taken to prevent recurrence of the violations and to ensure 
compliance with NRC requirements. The Licensee agreed to submit these 
proposals to the NRC in writing for review and approval.
    In a letter dated March 9, 1994, the NRC concluded its assessment 
of the inspection findings and issued a Notice of Violation and 
Proposed Imposition of Civil Penalty (Notice) in the amount of $5,000. 
The violations identified during the inspection are of significant 
regulatory concern because they indicated that:
     The radiation safety staff and radioactive material users 
had insufficient knowledge of license conditions and NRC requirements 
and an inadequate sense of accountability regarding compliance with 
radiation safety requirements, and
     Licensee management was ineffective in completing self-
assessments that assured safe program implementation.
    The Notice required the Licensee to respond to the specific 
violations. In addition to that response, the NRC requested that the 
Licensee provide a Safety Performance Improvement Program (SPIP) which 
would result in: (1) A complete and thorough evaluation of the 
radiation safety practices and program by qualified persons to 
determine how the Licensee is currently complying with NRC regulations 
and the conditions of the license; (2) a compilation of radiation 
safety deficiencies from that effort; (3) a complete root cause 
analysis of those deficiencies; and (4) a description of corrective 
actions to accomplish the improvements necessary for lasting correction 
of the deficiencies.

III

    On April 7, 1994, and May 25, 1994, the Licensee provided written 
responses to the Notice, including payment of the $5,000 proposed civil 
penalty and a description of the SPIP. After discussion of the SPIP 
with NRC staff on June 14 and June 17, 1994, the Licensee submitted a 
revised SPIP to the NRC on June 20, 1994. The Licensee's revised SPIP 
is divided into four phases. The Licensee has agreed to follow the 
specific actions and time milestones outlined in the SPIP.
    Phase One of the SPIP involves hiring and directing an independent 
health physics consulting firm to review the Licensee's authorized 
activities and report the findings to the Licensee's management by July 
15, 1994.
    Phase Two of the SPIP involves assigning specific Radiation Safety 
Committee (RSC) members and Health Physics staff members to groups of 
authorized users to assist users in complying with the licensed program 
and NRC regulations and to provide a conduit for reporting the status 
of licensed activities to Licensee management. The Health Physics staff 
will also be assigned segments of the radiation safety program to 
review and assure compliance with the license and NRC requirements and, 
as necessary, draft procedures and associated documentation to 
implement the program. This phase will also include: (1) Development of 
an internal enforcement program that addresses compliance with 
radiation safety requirements and establishes protocols for 
implementing corrective actions; (2) assessment of personnel training 
and qualifications; (3) evaluation of laboratory equipment; and (4) 
development of computerized management systems. The Licensee also has 
committed to hire one additional health physicist to assist with the 
radiation safety program improvement. Phase Two will be completed by 
the end of December 1994.
    Phase Three of the SPIP involves an ongoing assessment of the 
corrective actions taken in response to findings in Phases One and Two, 
a second independent audit by an outside health physics consultant and 
annual audits by the RSO and RSC with reports to the Chancellor, 
Provost, and Vice Chancellor for Administrative Services. Phase Three 
will be completed by the end of December 1995.
    Phase Four involves continuing reassessment of the program.
    In light of the violations underlying the March 9, 1994 enforcement 
action, the public health and safety require improvement of the 
Licensee's radiation safety program. The NRC staff has reviewed the 
Licensee's SPIP. I find that the Licensee's commitments as set forth in 
its letter of June 20, 1994, are acceptable and necessary and conclude 
that if these commitments are effectively implemented the public health 
and safety are reasonably assured. In view of the foregoing, I have 
determined that the public health and safety require that the 
Licensee's commitments in its June 20, 1994 letter be confirmed by this 
Order. The Licensee agreed to the issuance of this Order during a 
telephone call between Mr. John A. Grobe, Chief, Nuclear Materials 
Inspection Section II, Region III, NRC, and Dr. Susan Langhorst, 
Radiation Safety Officer, of the Licensee's staff on July 12, 1994. 
Pursuant to 10 CFR 2.202, I have also determined that, based on the 
Licensee's consent to this Order and the significance of the necessary 
program improvements described above, the public health and safety 
require that this Order be immediately effective.

IV

    Accordingly, pursuant to sections 81, 161b, 161i, 161o, 182 and 186 
of the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202 and 10 CFR Parts 20, 30 and 35, it is 
hereby ordered that, effective immediately, license no. 24-00513-32 is 
modified as follows:
    The Licensee shall complete the specific action items within the 
time limitations stated in the Safety Performance Improvement Program 
submitted to the NRC in its letter dated June 20, 1994. If additional 
time is required to meet a step, a written request must be submitted 
with the reason for the request and the new timeframe for completion. 
Until approved in writing by the Regional Administrator, Region III, 
the previously approved schedule must be met.
    The Regional Administrator, Region III, may relax or rescind, in 
writing, any aspect of the above condition upon a showing by the 
License of good cause.
    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Any request for a hearing shall be submitted to the 
Secretary, U.S. Nuclear Regulatory Commission, ATTN: Chief, Docketing 
and Service Section, Washington, DC 20555. Copies also shall be sent to 
the Director, Office of Enforcement, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, to the Assistant General Counsel for 
Hearing and Enforcement at the same address, to the Regional 
Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois 
60532-4351, and to the Licensee. If such a person requests a hearing, 
that person shall set forth with particularity the manner in which his 
interest is adversely affected by this Order and shall address the 
criteria set forth in 10 CFR 2.714(d).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), any person other than the 
Licensee adversely affected by this Order, may, in addition to 
demanding a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or proceedings. An answer or a request for 
hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland this 13th day of July 1994.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-17730 Filed 7-20-94; 8:45 am]
BILLING CODE 7590-01-M