ML071010399

IR 05000057-07-201, on 04/02-04/2007; State University of New York at Buffalo, Buffalo Materials Research Center; and Notice of Violation

ML071010399
Person / Time
Site:	University of Buffalo
Issue date:	04/13/2007
From:	Michael Case NRC/NRR/ADRA/DPR
To:	Vasbinder D State Univ of New York
Eads J, NRR/ADRA/DPR/PRTB, 415-1471
References
IR-07-201
Download: ML071010399 (23)

See also: IR 05000057/2007201

Text

April 13, 2007

Dr. David Vasbinder, Director

Buffalo Materials Research Center

State University of New York

Rotary Road

Buffalo, NY 14214-3096

SUBJECT: NRC INSPECTION REPORT NO. 50-057/2007-201 AND NOTICE OF VIOLATION

Dear Dr. Vasbinder:

On April 2-4, 2007, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at

your Buffalo Materials Research Center facility. The enclosed report documents the inspection

results, which were discussed on April 4, 2007, with you, Dr. Joseph Raab, Assistant Vice

President, University Facilities, and other members of your staff.

The inspection examined activities conducted under your license as they relate to safety and

compliance with the NRCs rules and regulations and with the conditions of your license. The

inspector reviewed selected procedures and records, observed activities, and interviewed

personnel. Based on the results of this inspection, the NRC has identified a violation of NRC

requirements. The violation is cited in the enclosed Notice of Violation (Notice). The

circumstances surrounding it are described in detail in the subject inspection report. The

violation is of concern because it indicates a lack of attention to detail.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. The NRC will use your response in accordance

with its policies to determine whether further enforcement action is necessary to ensure

compliance with regulatory requirements.

In accordance with Section 2.390, Public inspections, exemptions, and requests for

withholding, of Title 10 of the Code of Federal Regulations, a copy of this letter, its enclosure,

and your response (if any) will be available electronically for public inspection in the NRC Public

Document Room or from the Publicly Available Records component of NRCs Agencywide

Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC

Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Should you have any questions concerning this inspection, please contact Craig Bassett at

404-358-6515.

Sincerely,

/RA/ Jennifer M. Golder for

Michael J. Case, Director

Division of Policy and Rulemaking

Office of Nuclear Reactor Regulation

Docket No.50-057

License No. R-77

Enclosures:

1. Notice of Violation

2. NRC Inspection Report No. 50-057/2007-201

cc w/encl.: Please see next page

State University of New York at Buffalo Docket No.50-057

cc:

Barbara Youngberg, Chief

Radiation Section

NYS Department of Environmental Conservation

625 Broadway

Albany, NY 12233-7255

Mr. John P. Spath

NYS Energy Research and Development

Authority

17 Columbia Circle

Albany, NY 12203-6399

Test, Research, and Training

Reactor Newsletter

University of Florida

202 Nuclear Sciences Center

Gainesville, FL 32611

Dr. David Vasbinder, Director April 13, 2007

Buffalo Materials Research Center

State University of New York

Rotary Road

Buffalo, NY 14214-3096

SUBJECT: NRC INSPECTION REPORT NO. 50-057/2007-201 AND NOTICE OF VIOLATION

Dear Dr. Vasbinder:

On April 2-4, 2007, the U.S. Nuclear Regulatory Commission (NRC) completed an inspection at

your Buffalo Materials Research Center facility. The enclosed report documents the inspection

results, which were discussed on April 4, 2007, with you, Dr. Joseph Raab, Assistant Vice

President, University Facilities, and other members of your staff.

The inspection examined activities conducted under your license as they relate to safety and

compliance with the NRCs rules and regulations and with the conditions of your license. The

inspector reviewed selected procedures and records, observed activities, and interviewed

personnel. Based on the results of this inspection, the NRC has identified a violation of NRC

requirements. The violation is cited in the enclosed Notice of Violation (Notice). The

circumstances surrounding it are described in detail in the subject inspection report. The

violation is of concern because it indicates a lack of attention to detail.

You are required to respond to this letter and should follow the instructions specified in the

enclosed Notice when preparing your response. The NRC will use your response in accordance

with its policies to determine whether further enforcement action is necessary to ensure

compliance with regulatory requirements.

In accordance with Section 2.390, Public inspections, exemptions, and requests for

withholding, of Title 10 of the Code of Federal Regulations, a copy of this letter, its enclosure,

and your response (if any) will be available electronically for public inspection in the NRC Public

Document Room or from the Publicly Available Records component of NRCs Agencywide

Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC

Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Should you have any questions concerning this inspection, please contact Craig Bassett at

404-358-6515. Sincerely,

Michael J. Case, Director /RA/ Jennifer M. Golder

Division of Policy and Rulemaking

Office of Nuclear Reactor Regulation

Docket No.50-057

License No. R-77

Enclosures:

1. Notice of Violation

2. NRC Inspection Report No. 50-057/2007-201

cc w/encl.: Please see next page

DISTRIBUTION:

PUBLIC PRTA r/f RidsNrrDprPrta RidsNrrDprPrtb

MRoberts TCarter DBarss (MS O6-H2) BDavis (Ltr only O5-A4)

ACCESSION NO.: ML071010399 TEMPLATE #: NRR-106

OFFICE PRT:RI PRT:LA PRT:BC DPR:OD

NAME CBassett: EHylton JEads JGolder for

MCase

DATE 04/10/2007 04/11/2007 04/13/2007 04/13/2007

OFFICIAL RECORD COPY

ENCLOSURE 1

NOTICE OF VIOLATION

State University of New York at Buffalo Docket No.: 50-057

Buffalo Materials Research Center (BMRC) License No.: R-77

During an NRC inspection conducted on April 2-4, 2007, a violation of NRC requirements was

identified. In accordance with the "General Statement of Policy and Procedure for NRC

Enforcement Actions," NUREG-1600, the violation is listed below:

Section 11.5.3 of the Technical Specifications requires that an independent audit shall be

conducted annually of BMRC decommissioning, maintenance, operations, and surveillance

activities.

Contrary to the above, documented independent audits were not conducted during the years

2004, 2005, and 2006.

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

Pursuant to the provisions of 10 CFR 2.201, the State University of New York at Buffalo 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

responsible inspector, 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

previous 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 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, with

the basis for your denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555-0001.

Because your response will be made available electronically for public inspection in the NRC

Public Document Room or from the Publicly Available Records (PARS) component of the

NRCs document system (ADAMS), to the extent possible, it should not include any personal

privacy, proprietary, or safeguards information so that it can be made available to the public

without redaction. ADAMS is accessible from the NRC Web site at (the Public Electronic

Reading Room) http://www.nrc.gov/reading-rm/adams.html. 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

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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 2.390(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.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working

days.

Dated at Rockville, Maryland

this 13th day of April, 2007

U. S. NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

Docket No: 50-057

License No: R-77

Report No: 50-057/2007-201

Licensee: State University of New York at Buffalo

Facility: Buffalo Materials Research Center

Location: Rotary Road, South Campus

Buffalo, New York

Dates: April 2 - 4, 2007

Inspector: Craig Bassett

Approved by: Johnny H. Eads, Branch Chief

Research and Test Reactors Branch B

Division of Policy and Rulemaking

Office of Nuclear Reactor Regulation

EXECUTIVE SUMMARY

State University of New York at Buffalo

Buffalo Materials Research Center

Report No.: 50-057/2007-201

This routine, announced inspection included onsite review of the licensees programs

concerning organization and staffing; review and audit and design change functions; radiation

protection; environmental monitoring; operations, maintenance, and surveillance; fuel handling;

emergency preparedness; transportation; safeguards and security; and material control and

accounting since the inspection of these areas. The licensee's programs were directed toward

the protection of public and facility worker health and safety and were in compliance with NRC

requirements. No safety concerns or violations of regulatory requirements were identified.

Organization and Staffing and Reporting Requirements

! Organization and Staffing met the requirements specified in Technical Specification

Section 11.

! Annual Technical Reports were generally being prepared and issued by March 31 of

each year as required by Technical Specification Section 15.1.

Review, Audit, and Design Change Functions

! The review and oversight functions required by Technical Specification Section 11.5

were performed by the Reactor Decommissioning Safety Committee.

! An apparent violation was noted for failure to conduct an independent audit annually as

required by Technical Specification Section 11.5.3.

! Design changes were performed in accordance with 10 CFR 50.59.

Radiation Protection Program

! Surveys were being completed and documented acceptably to permit evaluation of the

radiation hazards present.

! Postings met the regulatory requirements specified in 10 CFR Parts 19 and 20.

! Personnel dosimetry was being worn as required and doses were well within the

licensees procedural action levels and NRCs regulatory limits.

! Radiation monitoring equipment was being maintained and calibrated as required.

! Acceptable radiation protection training was being provided to facility personnel.

! The Radiation Protection Program being implemented by the licensee satisfied

regulatory requirements.

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Environmental Montoring

! Effluent monitoring satisfied license and regulatory requirements and releases were

within the specified regulatory and Technical Specification limits.

Operation and Maintenance and Surveillance Activities

! The maintenance and surveillance activities were generally consistent with applicable

Technical Specifications and procedural requirements.

Fuel Handling and Movement

! Fuel handling activities had been documented appropriately and the documents were

being maintained as required by the Technical Specifications.

Emergency Preparedness

! Emergency response equipment was being maintained and inventories were being

completed as required.

! Annual drills were generally being held but there was no documentation that drills were

held during the last two years. When drills were held, follow-up critiques were

conducted and corrective actions taken as needed.

! The emergency preparedness program was generally conducted in accordance with the

Emergency Plan.

Transportation

! Radioactive material was shipped in accordance with the applicable regulations.

Safeguards and Security

! The physical protection features, equipment, and procedures of the Buffalo Materials

Research Center satisfied the Physical Protection Plan requirements.

Material Control and Accounting

! Special Nuclear Material was being controlled and inventoried as required and the

documentation indicating that the spent nuclear fuel had been transferred off-site had

been completed and submitted as required.

REPORT DETAILS

Summary of Plant Status

The State University of New York at Buffalo (SUNY - Buffalo) Materials Research Center

research reactor has been shut down since June 1994 and is currently held by the licensee

under a Possession Only License (POL). Reactor fuel was shipped off site in September 2005

and no fuel remains on site. The containment building and adjacent shops, laboratories, and

offices are unoccupied. Facilities are periodically entered for campus police tours, radiation

surveys, calibrations, and surveillances on equipment. Shops and laboratories are occasionally

used.

1. Organization and Staffing and Reporting Requirements

a. Inspection Scope (Inspection Procedure [IP] 69002)

To verify staffing, reporting, and record keeping requirements specified in Technical

Specifications (TS) Sections 11 and 15 were being met, the inspector reviewed:

• organization and staffing for the Buffalo Materials Research Center (BMRC)

• TS for the BMRC, SUNY - Buffalo (also referred to as the University at Buffalo

[UB]), Amendment Number (No.) 26, dated May 4, 2005

• administrative controls and management responsibilities specified in the TS

Section 11

• SUNY - Buffalo, BMRC 2003 Annual Technical Report, dated March 31, 2004

• SUNY - Buffalo, BMRC 2004 Annual Technical Report, dated March 31, 2005

• SUNY - Buffalo, BMRC 2005 Annual Technical Report, dated April 28, 2006

• SUNY - Buffalo, BMRC 2006 Annual Technical Report, dated March 30, 2007

b. Observations and Findings

(1) Organization and Staffing

Following shutdown of the research reactor, the remaining reactor staff and line

management was reassigned to other positions within the University organization

and, in some instances, relocated to other areas on campus. Selected personnel

continue to have collateral responsibility for the reactor program and thereby

satisfy the minimum staffing requirements specified by TS 11.2.

The licensees current organizational structure and assignment of responsibilities

were consistent with those specified in the TS Section 11.1 and Figure 1. All

positions were filled with qualified personnel. Through discussions with licensee

representatives the inspector determined that no functional changes had occurred

in the organization since the last NRC inspection documented in NRC Inspection

Report No. 50-057/2003-201. Review of records verified that management

responsibilities were administered as required by TS Section 11 and applicable

procedures.

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(2) Reporting Requirements - Annual Technical Reports

The inspector reviewed the Annual Technical Reports that had been submitted by

the licensee since 2003. It was noted that the annual reports summarized the

required information and were usually issued at the frequency specified in TS

Section 15. It was also noted that the 2005 Annual Facility Technical Report

BMRC at the State University of New York at Buffalo (SUNY - Buffalo) was not

issued until April 28, 2006. (The 2006 Annual Report was issued on March 30,

2007.) The licensee was informed that failure to issue the 2005 Annual Technical

Report by March 31, 2006, was an apparent violation (VIO) of the TS Section

15.1. However, this failure constituted a violation of minor significance and is

being treated as a minor violation not subject to formal enforcement action,

consistent with Section IV of the NRC Enforcement Policy.

c. Conclusions

Organization and staffing met TS Sections 11 requirements. Facility Annual Technical

Reports were generally issued by March 31 of the following year as required by TS

Section 15.1.

2. Review and Audit, and Design Change Functions

a. Inspection Scope (IP 69002)

To verify that the licensee had conducted reviews and audits as required in TS

Section 11.5 and to determine whether modifications to the facility, if any, were

consistent with 10 CFR 50.59, the inspector reviewed:

• completed audits and reviews from 2002 to the present

• 10 CFR 50.59 design change, Fission Plate Sizing, dated June 2005

• Operating Committee meeting minutes from July 2003 through the present

• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

• Reactor Decommissioning Safety Committee meeting minutes from September

2003 through the present

b. Observations and Findings

(1) Review and Audit Functions

TS Section 11.5.3 requires that an independent audit shall be conducted annually

of BMRC decommissioning, maintenance, operations, and surveillance activities.

The inspector reviewed minutes of the Reactor Decommissioning Safety

Committee (RDSC) meetings since 2003. The minutes showed that the

committee met at least twice per calendar year as required by TS Section

11.5.1.5 and that a quorum was present at each meeting. The topics considered

during the meetings were appropriate and as stipulated in TS Section 11.5.1.7.

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The RDSC conducted reviews of those items specified in TS Section 11.5.1 as

required. However, it was noted that independent audits had been conducted in

2002 and 2003 but none had been completed since. The licensee indicated that

an audit had been conducted in 2004 or 2005 but there was no documentation of

that audit on record.

The licensee was informed that failure to conduct an independent audit of BMRC

activities annually as required was an apparent violation (VIO) of the TS

Section 11.5.3 (VIO 50-057/2007-201-01).

(2) Design Change Functions

The inspector reviewed the 10 CFR 50.59 design change review that had been

conducted in 2005. It had been completed by staff members and reviewed and

approved by the Operating Committee (a subcommittee of the RDSC) as allowed

by TS Section 11.5.2. The 50.59 review was concise but thorough and

adequately addressed the requirements of 10 CFR 50.59(c)(2).

c. Conclusions

The RDSC generally performed their review and oversight functions as required by TS

Section 11.5. However, an apparent violation was noted for failure to conduct

independent audits annually as required by TS Section 11.5.3. Design changes were

being reviewed in accordance with 10 CFR 50.59.

3. Radiation Protection Program

a. Inspection Scope (IP 69002 )

The inspector reviewed the following regarding the licensee's radiation protection

program (RPP) to ensure that the requirements of 10 CFR Part 20 were being met:

• BMRC 2006 Radiation Safety Task List

• Personnel dosimetry/exposure records for 2005 to 2006

• radiological signs and postings in various areas of the facility

• selected survey records of the BMRC facility for 2004 through the present

• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

• As Low As Reasonably Achievable (ALARA) and Radiation Protection Program

reviews

• selected Environment, Health and Safety (EH&S) instrument calibration records

for 2005 and 2006

• BMRC Health Physics Procedure (HPP) No. 4, Radiation Work Permits, Rev.

dated October 2000

• BMRC HPP No. 5, Building Survey, Rev. dated January 5, 2005

• BMRC HPP No. 20, Contamination Survey Techniques, Rev. dated April 2004

• SUNY - Buffalo, BMRC 2003 Annual Technical Report, dated March 31, 2004

• SUNY - Buffalo, BMRC 2004 Annual Technical Report, dated March 31, 2005

• SUNY - Buffalo, BMRC 2005 Annual Technical Report, dated April 28, 2006

• SUNY - Buffalo, BMRC 2006 Annual Technical Report, dated March 30, 2007

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b. Observations and Findings

(1) Surveys

The inspector reviewed selected monthly and as needed contamination and

radiation surveys completed during the past three years. The surveys had been

performed and documented as required by BMRC procedures. Results were

evaluated and corrective actions taken and documented when readings/results

exceeded the licensees established limits. The inspectors review of the survey

records confirmed that contamination in the facility was infrequent. The inspector

determined that the survey program satisfied 10 CFR 20.1501(a) requirements.

(2) Postings and Notices

During tours of the facility, the inspector observed that caution signs, postings,

and controls in radiologically controlled areas were acceptable for the associated

hazards involving radiation, high radiation, and contamination and were

implemented as required by 10 CFR 20, Subpart J. The facilitys radioactive

material storage areas were properly posted as well. No unmarked radioactive

material was detected in the facility. Through observations of and interviews with

licensee staff the inspector confirmed that personnel complied with the signs,

postings, and controls.

The inspector noted that copies of NRC Form-3 and notices to workers were

posted in appropriate areas in the facility as required by 10 CFR Part 19.

However, it was noted on the first day of the inspection that the posted version of

NRC Form-3 was out-of-date. This was brought to the attention of the licensee

and, before completion of the inspection, the licensee obtained copies of the most

current NRC Form-3 and posted them as required.

(3) Dosimetry

The inspector determined that the licensee used film badges for whole body

monitoring of beta and gamma radiation exposure. The licensee also used

thermoluminescent dosimeters (TLD) finger rings for extremity monitoring. The

dosimetry was supplied and processed by a National Voluntary Laboratory

Accreditation Program (NVLAP) accredited vendor, Global Dosimetry Solutions,

Inc. An examination of the dosimetry results indicating radiological exposures at

the facility for the past two years showed that the highest occupational doses, as

well as doses to the public, were within 10 CFR Part 20 limitations. In fact, the

records showed that the highest annual whole body exposure received by a single

reactor staff member or a contractor for 2005 was 0 millirem (mr) deep dose

equivalent (DDE). The highest annual extremity exposure for that year was

100 mr shallow dose equivalent (SDE) and that dose was received by a

contractor involved in shipping the spent fuel. The records also showed that the

highest annual whole body exposure received by a single staff member for 2006

was 0 mr DDE and the highest annual extremity exposure for 2006 was 0 mr

SDE.

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Through direct observation the inspector determined that dosimetry was

acceptably used by facility personnel and exit frisking practices were in

accordance with facility radiation protection requirements.

(4) Radiation Monitoring Equipment

The inspector reviewed the BMRC calibrations done since January 2005, and

confirmed that the calibrations for the portable survey meters and laboratory

instruments had been completed as required. Examination of selected radiation

monitoring equipment indicated that the instruments had the acceptable up-to-

date calibration sticker attached. The instrument calibration records indicated

calibration of portable survey meters was typically completed by EH&S staff

personnel. However, some instruments were shipped to vendors for calibration.

The inspector verified that the instruments were calibrated semiannually which

met procedural requirements and records were maintained as required.

(5) Radiation Work Permits

The inspector reviewed selected Radiation Work Permits (RWPs) that had been

written, used, and closed out during 2005 and 2006. It was noted that the

instructions specified in BMRC HPP No. 4 had been adequately followed.

Appropriate review by management and health physics personnel had been

completed. The controls specified in the RWPs were acceptable and applicable

for the type of work being done.

(6) Training

The inspector reviewed the radiation worker (or rad worker) training given to

BMRC staff members. The training program included initial rad worker training

for those new to the facility and refresher training for all staff members (and all

rad workers on campus) every year. The type of initial training given was based

upon the position and/or duties of the person. The training program was

acceptable.

(7) Radiation Protection Program

The licensees Radiation Protection Program ( RPP) was a combination of the

HPPs specific to the BMRC and the universitys Radiation Safety Program.

Although individual procedures had been revised, the RPP had not appreciably

changed since the last NRC inspection. The inspector verified that the RPP was

being reviewed at least annually as required by 10 CFR 20.1101(c).

c. Conclusions

The inspector determined that the RPP being implemented by the licensee satisfied

regulatory requirements because: 1) surveys were being completed and documented

as required by 10 CFR Part 20.1501(a), TS, and licensee procedures; 2) postings met

regulatory requirements; 3) the personnel dosimetry program was acceptably

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implemented and doses were in conformance with licensee and 10 CFR Part 20 limits;

4) portable survey meters and radiation monitoring and laboratory instruments were

being maintained and calibrated as required; and, 5) appropriate radiation worker

training was being provided licensee personnel.

4. Environmental Monitoring

a. Inspection Scope (IP 69002)

The inspector reviewed the following to verify compliance with the requirements of

10 CFR Part 20 and TS Sections 3.7, 4.7, and 6.6:

• counting and analysis records associated with releases

• Rad Waste Water Log - Transfer Data Sheets for 2004 to present

• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

• BMRC HPP No. 2, Radioactive Waste Water Releases, Rev. dated February

2003

• BMRC HPP No. 3, Contaminated Water Analysis, Rev. dated October 2000

• SUNY - Buffalo, BMRC 2003 Annual Technical Report, dated March 31, 2004

• SUNY - Buffalo, BMRC 2004 Annual Technical Report, dated March 31, 2005

• SUNY - Buffalo, BMRC 2005 Annual Technical Report, dated April 28, 2006

• SUNY - Buffalo, BMRC 2006 Annual Technical Report, dated March 30, 2007

b. Observation and Findings

The BMRC averaged two to three liquid effluent releases to the sanitary sewer per

year. The inspector confirmed that the storage, analysis, and release of liquid

radioactive effluents was done in accordance with TS Section 7, 10 CFR 20.2003, and

procedural requirements. Releases were less the limits specified in 10 CFR Part 20

Appendix B, Table 3.

Since the reactor is shut down, the only gaseous radioactive releases were natural

radon and its daughter products.

On-site and off-site gamma radiation monitoring was accomplished using various

environmental monitoring station TLDs as required by the applicable procedures.

Data indicated that there were no measurable doses to the public above natural

background radiation.

c. Conclusion

Effluent monitoring satisfied license and regulatory requirements and releases were

within the specified regulatory limits.

5. Operations and Maintenance and Surveillance Activities

a. Inspection Scope (IP 69002)

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The inspector reviewed selected aspects of the following to verify compliance with TS

Sections 3, 4, 5, and 6 and the applicable procedures and to determine that

surveillances and checks were being completed as required by TS Sections 3, 4, 5,

and 8, the inspector reviewed:

• Reactor Logbook No. 101 entries for 2003 through the present

• selected surveillance and calibration data and records for 2003-2006

• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

• BMRC HPP No. 2, Radioactive Waste Water Releases, Rev. dated February

2003

• BMRC Operating Procedure (OP) No. 8, Reactor Data and Record Keeping,

revision (Rev.) dated August 1992

• BMRC OP No. 11, Security and Equipment Checklist, Rev. dated January 10,

1995

• BMRC OP No. 21, Primary Water System and the Cleanup and Makeup

Demineralizer Systems, Rev. dated March 19, 1997

• BMRC OP No. 22, Pool Level Annunciator Testing, Rev. dated June 22, 1998

• BMRC OP No. 23, Routine Pool Water Addition Using Commercial Demineralizer

Tanks, Rev. dated April 24, 2003

• BMRC OP No. 26A, Area Radiation Monitor System, Rev. dated August 1989

• BMRC OP No. 26B, Effluent and Primary Coolant Monitor Systems, Rev. dated

May 1994

• BMRC OP No. 26C, Continuous Air Monitors, Rev. dated May 1990

• BMRC OP No. 27, Air-Locks and Truck Door, Rev. dated August 1992

• BMRC OP No. 28, Containment Ventilation System, Rev. dated August 1989

• BMRC OP No. 32, Emergency Pool Fill, Rev. dated August 1992

• BMRC OP No. 57, Facility Security, Rev. dated July 16, 1998

• BMRC OP No. 76, Temperature Measuring System, Rev. dated August 1989

• BMRC OP No. 77, Quarterly Checks, Rev. dated July 25, 2002

• BMRC Form, BMRC Operations 2004 Master Task List, undated

• BMRC Form, BMRC Operations 2005 Master Task List, undated

• BMRC Form used daily associated with OP No. 11, Security and Equipment

Checklist, Rev. dated June 28, 2004

• BMRC Form Attachment 2 to OP No. 11, Weekly Security and Equipment

Checklist, Rev. dated May 12, 2004

• BMRC Form associated with OPNo. 26, Effluent Monitor Quarterly Checks, Rev.

dated September 28, 2000

• BMRC Form associated with OPNo. 26, Quarterly Continuous Air Monitor

Calibrations, Rev. dated September 28, 2000

• BMRC Form associated with OPNo. 26, Area Monitor Quarterly Checks, Rev.

dated September 28, 2000

• BMRC Form checksheet associated with OPNo. 77, Quarterly Checksheet, Rev.

dated July 25, 2002

• BMRC Form, Monthly Area and Effluent Monitor Operability Checks

• BMRC Form, 2006 BMRC Radiation Safety Task List, Rev. dated March 13,

2006

• SUNY - Buffalo, BMRC 2003 Annual Technical Report, dated March 31, 2004

• SUNY - Buffalo, BMRC 2004 Annual Technical Report, dated March 31, 2005

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• SUNY - Buffalo, BMRC 2005 Annual Technical Report, dated April 28, 2006

• SUNY - Buffalo, BMRC 2006 Annual Technical Report, dated March 30, 2007

b. Observations and Findings

(1) Operations

Under the POL no power operations are authorized. The only major activity that

occurred recently was the shipment of fuel from the site in 2005.

(2) Maintenance and Surveillance

Since the fuel shipment in September 2005, the licensee had focused on

maintaining the integrity and security of the facility, performing required health

physics surveys, and fulfilling TS maintenance and monitoring requirements.

These operations were carried out following written procedures and checklists.

Information on the operational status of the facility had been recorded in log

books and on checklists as required by TS Section 14 and licensee procedures.

The inspector attempted to verify that selected daily, monthly, quarterly, annual,

and other periodic checks, tests, verifications, and calibrations for TS-required

surveillances were completed as stipulated. As noted previously, there was no

longer any fuel on site and consequently, various of the TS requirements were no

longer applicable. Nevertheless, the licensee chose to continue to implement

some of the requirements reasoning that such resources would be needed during

active decommissioning. However, the inspector noted that some of the

checklists that had been used in the past to document completion of various

checks, verifications, and calibrations were no longer being filled out. The

licensee had stopped completing the following forms: 1) BMRC Form used daily

associated with OP No. 11, Security and Equipment Checklist, 2) BMRC Form

Attachment 2 to OP No. 11, Weekly Security and Equipment Checklist, 3)

BMRC Form, BMRC Operations 20xx Master Task List, 4) BMRC Form

checksheet associated with OP No. 77, Quarterly Checksheet, and, 5) BMRC

Form, 20xx BMRC Radiation Safety Task List. It was also noted that the

Security Log was no longer being completed but the Reactor Logbook was being

completed as needed. The licensee indicated that the forms and checklists were

being reviewed to determine exactly what checks, tests, verifications, and

calibrations were currently required. Once this review was completed, the forms

and checklists would be revised as appropriate.

Because some of the previously used forms and checklists were not being

completed, it was difficult to verify that the correct surveillances were being

completed. In reviewing the available strip charts from air monitors, various

computer data bases being maintained by the licensee and the university public

safety department, and the records maintained by the Radiation Safety Office, the

inspector was able to infer that the checks and tests were being completed as

required. The licensee was encouraged to complete their review of what tasks

were required to be done according to the TS or what tasks were to be

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maintained to prepare for decommissioning and to complete a revision of the

required forms so that proper documentation could be filled out and maintained

as required. The issue of completing a review of what tasks were required to be

done according to the TS and completing an appropriate revision of the required

forms and records will be followed by the NRC as an Inspector Follow-up Item

(IFI) and will be reviewed during a subsequent inspection (IFI 50-057/2007-201-

02).

c. Conclusions

The maintenance and surveillance activities were generally consistent with applicable

TS and procedural requirements.

6. Fuel Handling and Movement

a. Inspection Scope (IP 69002)

To verify that fuel handling and transfer documentation had been completed and was

being maintained as required by TS Section 14.2, the inspector reviewed:

• Reactor Logbook No. 101 entries for 2003 through the present

• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

• BMRC OP No. 8, Reactor Data and Record Keeping, Rev. dated August 1992

• BMRC HPP No. 4, Radiation Work Permits, Rev. dated October 2000

b. Observations and Findings

As noted above, all fuel had been shipped from site in September 2005. Procedures

for fuel movement required that such actions be documented and the TS required that

the records be maintained. Through review of applicable records and logs, the

inspector determined that all fuel movements had been recorded in the reactor log and

on individual fuel element log sheets as required.

c. Conclusions

The documentation of fuel handling activities was adequate and was being maintained

as required by facility TS and procedures.

7. Emergency Preparedness

a. Inspection Scope (IP 69002)

The inspector reviewed selected aspects of:

• emergency drills and exercises for 2000 through 2003

• RDSC meeting minutes from September 2003 through the present

• emergency response facilities, supplies, equipment and instrumentation

• BMRC Emergency Plan (E-Plan), Revision 2, dated November 21, 1988

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• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

• BMRC Emergency Procedure (EP) No. 1, Staff General Emergency Procedure,

Rev. dated May 1987

• BMRC EP No. 2, BMRC Medical Emergency Procedure, Rev. dated July 1995

• BMRC EP No. 6, BMRC Emergency Procedure - Fire at the Buffalo Materials

Research Center, Rev. dated January 1996

• BMRC EP No. 10, Building Evacuation Procedure, Rev. dated February 24,

1993

• BMRC EP No. 11, Initial Assembly and Assessment, Rev. dated July 29, 1993

• BMRC EP No. 12, Bomb and Security Threats Procedure, Rev. dated June 20,

2003

• BMRC EP No. 13, Emergency Notification by Public Safety: Emergency at the

Nuclear Facility, Rev. dated January 24, 1994

• BMRC EP No. 15, Severe Radiation Exposure, Rev. dated November 9, 1993

• BMRC EP No. 17, Emergency Notification Procedure, Rev. dated November 10,

1993

b. Observations and Findings

(1) Emergency Plan and Procedures

The BMRC Emergency Plan in use at the reactor facility was the same as the

version most recently submitted to the NRC. The RDSC generally audited and

reviewed the E-Plan annually. Implementing procedures were reviewed and

revised as needed to effectively execute the E-Plan. When the inspector

reviewed the notification procedures in use by University Police dispatch, it was

noted that the procedures were current and the Police dispatchers were aware

and knowledgeable of their responsibilities with regard to BMRC emergences.

(2) Emergency Facilities and Equipment

Emergency facilities, instrumentation, and equipment were being maintained and

controlled as required by E-Plan Section 9 and supplies were being inventoried

semiannually as required by E-Plan Section 9.4.

(3) Annual Emergency Drills

Section 14 of the Emergency Plan required that the licensee conduct a minimum

of three emergency drills per year. These drills were to include two evacuation

drills and one action drill.

The inspector reviewed documentation of the latest emergency action drill held at

the BMRC. The last annual drill required by the E-Plan had been conducted on

September 14, 2004. The drill was designed to simulate the spread of

contamination throughout the BMRC. Both BMRC and Environment Health and

Safety (EH&S) staffs participated in the response. A Critique was held following

the drill to discuss the strengths and weaknesses identified during the exercise

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and to develop possible solutions to any problems identified. The results of this

critique were documented as required.

It was noted that no documentation existed of any drill held during 2005 or 2006,

and indeed, the licensee indicated that no actual drills were conducted. However,

the licensee stated that, in preparation for the fuel shipment in September 2005,

various accident scenarios were reviewed and discussed by the staff and

corrective actions were also discussed. This was thought to suffice for a drill but

the review was not documented. In 2006, a Memorandum To File was issued on

December 27. It stated that the Operating Committee had determined that an

Emergency Drill for calendar year was not necessary and would not be

performed.

The licensee was informed that failure to hold annual emergency drills during

2005 and 2006 was an apparent violation of Section 14 of the Emergency Plan.

However, because of the current status of the facility and the absence of fuel, this

failure constituted a violation of minor significance and is being treated as a minor

violation not subject to formal enforcement action, consistent with Section IV of

the NRC Enforcement Policy.

c. Conclusions

The emergency preparedness program was generally conducted in accordance with

the E-Plan.

8. Transportation of Radioactive Material

a. Inspection Scope (IP 86740)

The inspector reviewed selected aspects of:

• accountability records and radioactive material storage locations

• radioactive materials transportation and transfer records for 2005

• BMRC HPP No. 12, Radioactive Material Receipt and Inventory, Rev. dated

June 1990

b. Observations and Findings

The inspector reviewed the records of the shipment of spent fuel and other radioactive

material that was transferred from the reactor in 2005. The review indicated that the

records had been filled out properly and that the material had been shipped in

accordance with the regulatory requirements stipulated by the Department of

Transportation and the NRC.

c. Conclusions

The shipment of radioactive material by the licensee satisfied NRC and Department of

Transportation requirements.

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9. Security and Safeguards

a. Inspection Scope (IPs 81401 and 81431)

The inspector reviewed selected aspects of:

C security systems, equipment and instrumentations

• BMRC Reactor Log No. 101 - July 25, 1993 to present

• RDSC meeting minutes from September 2003 through the present

C SUNY - Buffalo Public Safety Department security history records for January

through April 2007

• TS for the BMRC, SUNY - Buffalo, Amendment No. 26, dated May 4, 2005

C State University of New York at Buffalo, License No. R-77, Docket No. 50-57,

Security Plan for the Protection of special Nuclear Material of Low Strategic

Significance, Revision No. 7, dated February 1, 1998

• BMRC OP No. 11, Security and Equipment Checklist, Rev. dated January 10,

1995

• BMRC OP No. 57, Facility Security, Rev. dated July 16, 1998

• BMRC OP No. 77, Quarterly Checks, Rev. dated July 25, 2002

• BMRC Form used daily associated with OP No. 11, Security and Equipment

Checklist, Rev. dated June 28, 2004

• BMRC Form Attachment 2 to OP No. 11, Weekly Security and Equipment

Checklist, Rev. dated May 12, 2004

b. Observations and Findings

The inspector reviewed the implementation of the licensee's physical security plan

(PSP). The inspector toured the facility and confirmed that the physical security

systems (barriers and alarms), equipment, and instrumentation were as required by

the PSP. Keys to access doors were held and controlled only by designated

personnel. Access and key control was implemented in accordance with licensee

procedures and as required by the plan. The inspector also confirmed that the

security checks, tests, and verifications were performed as required. Corrective

actions were taken when problems were noted. The inspector verified that there had

been no safeguards events since the last security inspection.

The inspector visited the SUNY - Buffalo Public Safety/Police Department. SUNY -

Buffalo police/public safety personnel provided security for the BMRC facility as

required by the PSP including periodic patrols and initial response to security events at

the facility. The inspector interviewed a Senior Staff Assistant and a police

officer/dispatcher and determined that they were knowledgeable of the reactor facility

and their responsibilities in case of a security event. The inspector observed a test of

the BMRC security system composed of a test signal sent from the reactor facility to

the police dispatch office. The test was successful and the equipment and personnel

responded as required. The inspector also noted a good working relationship between

BMRC staff members and SUNY - Buffalo Public Safety/Police Department personnel.

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c. Conclusions

Based on the observations, the inspector found that the physical security features,

equipment, and procedures of the BMRC satisfied the PSP requirements.

10. Material Control and Accounting

a. Inspection Scope (IP 85102)

To verify compliance with 10 CFR Part 70, the inspector reviewed:

• accountability records and fuel transfer records

• Special Nuclear Material (SNM) Database physical inventory data for period

ending September 30, 2006

• nuclear material inventories (DOE/NRC Forms 741 and 742) for the past three

years

b. Observations and Findings

The material control and accountability protocol established by the licensee tracked

locations and content of special nuclear material under the research reactor license.

A physical inventory of all SNM on site was conducted semiannually by the licensee.

The inspector reviewed and verified that the semiannual material inventories had been

performed as required.

The inspector verified that the appropriate forms had been completed and submitted

as required following the shipment of fuel from site in 2005. This included a review of

the material control and accountability forms (DOE/NRC Forms 741 and 742) for the

past two years.

c. Conclusions

SNM was being controlled and inventoried and records were completed and submitted

to the regulatory agencies as required.

11. Exit Interview

The inspection scope and results were summarized on April 4, 2007, with licensee

representatives. The inspector discussed the findings for each area reviewed. The

licensee acknowledged the findings.

PARTIAL LIST OF PERSONS CONTACTED

Licensee Personnel

M.Adams Manager, BMRC Program / Safety Engineer, EH&S Services

J.Raab Associate Vice President for Facilities, SUNY - Buffalo

D.Schroeder Reactor Technician / Engineer, EH&S Services

D.Vasbinder Director of BMRC / Interim Director, EH&S Services

Other Personnel

S. Barry Senior Staff Assistant, SUNY - Buffalo Public Safety

L. Burey Emergency Planning Coordinator, EH&S Services

B. Frazer Radiation Safety Specialist, EH&S Services

J. McGrath University Police Officer 1, SUNY - Buffalo Public Safety

M. Pierro Special Projects Coordinator, EH&S Services

J. Slawson Radiation Safety Officer, Manager Radiation Safety Division, EH&S Services

INSPECTION PROCEDURE USED

IP 69002 Class III Non-power Reactors

IP 81401 Plans, Procedures, and Reviews

IP 81431 Fixed Site Physical Protection of Special Nuclear Material of Low Strategic

Significance

IP 85102 Material Control and Accounting

IP 86740 Inspection of Transportation Activities

ITEMS OPENED, CLOSED, AND DISCUSSED

Opened

VIO 50-057/2007-201-01 Failure to conduct an independent audit of BMRC activities

annually as required by TS Section 11.5.3.

IFI 50-057/2007-201-02 Follow-up on the licensees actions to complete a review of what

tasks are required to be done according to their TS and then

completing an appropriate revision of the required documentation.

Closed

None

LIST OF ACRONYMS USED

BMRC Buffalo Materials Research Center

CFR Code of Federal Regulations

EH&S Environment, Health, and Safety

EP Emergency Procedure

E-Plan Emergency Plan

HPP Health Physics Procedure

IFI Inspector Follow-up Item

IP Inspection Procedure

NCV Non-Cited Violation

NRC Nuclear Regulatory Commission

PSP Physical Security Plan

RPP Radiation Protection Program

RSO Radiation Safety Officer

RDSC Reactor Decommissioning Safety Committee

SNM Special Nuclear Materials

SUNY State University of New York

TS Technical Specifications

UB University of Buffalo - State University of New York at Buffalo

VIO Violation