ML20137H098

Advises That Imposition of Civil Penalty on Dow Chemical Co for Failure to Properly Protect Facility on 780110, Inappropriate.Noncompliance Can Be Classified No Higher than Infraction Based Upon Encl NRR Position.W/O Encl

ML20137H098
Person / Time
Site:	Dow Chemical Company, 05000000
Issue date:	05/19/1978
From:	Howard E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	James Keppler NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20136D183	List: IA-85-256, Requests That Encl Form Be Completed & Submitted by 760915 & Facility Emergency Plan & Implementing Procedures by 761007 in Order for NRC to Prepare Info Packets for Use in Responding to Incidents or Emergencies IA-85-258, Amend 3 Renewing License R-108 & Incorporating Security Plan as License Condition IA-85-261, Documents That Appropriate Corrective Actions Taken by Dow Chemical Co in Response to 780113 Immediate Action Ltr,Per 780207 Enforcement Conference at Facility IR 05000264/1973001 IR 05000264/1975001 IR 05000264/1977002 IR 05000264/1979003 ML20137G383 ML20137G390 ML20137G402 ML20137G410 ML20137G417 ML20137G432 ML20137G437 ML20137G446 ML20137G450 ML20137G456 ML20137G460 ML20137G467 ML20137G472 ML20137G478 ML20137G487 ML20137G507 ML20137G524 ML20137G586 ML20137G600 ML20137G614 ML20137G637 ML20137G653 ML20137G750 ML20137G793 ML20137G816 ML20137G854 ML20137G875 ML20137G888 ML20137G896 ML20137G903 ML20137G908 ML20137G916 ML20137G921 ML20137G926 ML20137G931 ML20137G940 ML20137G951 ML20137G972 ML20137G976 ML20137G983 ML20137G990 ML20137G997 ML20137H003 ... further results
References
FOIA-85-256, FOIA-85-258, FOIA-85-259, FOIA-85-261 NUDOCS 8508280162
Download: ML20137H098 (2)

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UNITED STATES

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filel /I MAY 191978 hB10RANDlN FOR: James G. Keppler, Director Region III FRGl:

E. Morris Howard, Director Division of Safeguards Inspection, IE SUIUECT:

DOW OB!ICAL CGIPANY - RECONENDED CIVIL PENALTY This is in response to your memorandum of March 2,1978 in which you re-comended that a civil penalty be imposed on the DOW Chemical Company for failure to properly protect their TRIGA Reactor on January 10, 1978.

The recomended civil penalty raised generic issues concerning public health and safety and NRC security requirements at non-power reactors.

Correspondence which identified and analyzed these issues was provided J. Hind on April 14, 1978. NRR's fomal written position is attached.

The issues which primarily focused on the potential threat to public health and safety from other than " radiological" sabotage were not addressed by NRR. We will continue our efforts to clearly resolve these remaining issues.

We have detemined that imposition of a civil penalty on DOW Chemical Company, as recommended, is now inappropriate.

Based upon NRR's fomal position, it would appear that nonempliance with physical security re-quirements at non-power reactors of this size and smaller (based on SMI inventory and power level) can be classified no higher than an Infraction.

Although this seriously weakens our ability to enforce and therefore ensure cmpliance, we must continue to inspect and report our findings.

As stated above, we hope to' resolve the issues in the next few months, CONTACT:

L. L. Bush (492-8080)

J-3L E W 3 41978 8508280162 850712

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PDR FOIA PDR KOHN85-256

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J. G. Keppler either in conjunction with the current development of 73.xx (proposed rule for the physical protection of non-power reactors), or separately.

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f'4E.M.Howard, Director

. Division of Safeguards Inspection Office of Inspection and Enforcement

Enclosure:

As Stated cc: Boyce Grier, Region I James O'Reilly, Region II Glenn Madsen, Region IV Robert Engelken, Region V John Davis, IE Norman Moseley, IE Harold Thornburg, IE Leo Higginbotham, IE Edward Jordan, IE Leonard Cobb, IE Victor Stello, NRR James Miller, hRR e