[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Notices]
[Page 153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32303]
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NUCLEAR REGULATORY COMMISSION
Rosemount Nuclear Instruments, Inc.; Receipt of Petition for
Director's Decision
Notice is hereby given that by Petition dated November 21, 1994,
Paul M. Blanch (Petitioner) has requested that the NRC take ``prompt''
action with regard to Rosemount Nuclear Instruments, Inc. Specifically,
the Petitioner requests that: (1) Rosemount ``immediately'' inform all
users of safety related transmitters pursuant to Part 21 of Title 10 of
the Code of Federal Regulations (10 CFR Part 21) of the shelf life
limitations of the fill oil and that the oil may crystallize if the
transmitters are exposed to temperatures of less than 70 degrees
Fahrenheit ( deg.F), and provide all available information to each
licensee for evaluation as applicable to each facility; (2) the NRC
take ``prompt and vigorous'' enforcement against Rosemount for both its
failure to report to users of the transmitters the shelf life
limitations of the fill oil and its failure to report the potential of
the oil to crystallize when exposed to temperatures of less than 70
deg.F, and that a ``separate violation must be issued'' for each defect
and each day of failure to provide the required notice; and (3) the NRC
consider escalated enforcement action due to the repetitive nature of
these violations. As a basis for his request, the Petitioner asserts
that, contrary to 10 CFR Part 21, although Rosemount was aware of a
defect that may create a substantial safety hazard, it failed to report
this defect to the affected licensees within five working days for
evaluation. Specifically, the Petitioner alleged that, although the NRC
informed Rosemount by letter dated June 2, 1994, that the fill oil did
not meet the specified performance requirements to assure operability
of transmitters under normal operating conditions in that
crystallization may occur when the transmitters are subjected to
temperatures of less than 70 deg.F, which may inhibit the operation of
many transmitters, Rosemount withheld this information from licensees.
The Petitioner asserts further that this is a ``repetitive'' violation
in that on November 15, 1994, the NRC assessed a Severity Level II
violation against Rosemount for failing to properly inform licensees of
a potential for a sensor cell oil-loss problem in violation of 10 CFR
21.21.
The request is being treated pursuant to 10 CFR Sec. 2.206 of the
Commission's regulations. The request has been referred to the Director
of the Office of Nuclear Reactor Regulation. The request that Rosemount
``immediately'' inform all users of safety related transmitters of the
shelf life limitations of the fill oil and the potential for
crystallization has been denied. As provided by Section 2.206, action
will be taken on the Petitioner's remaining requests within a
reasonable time.
A copy of the Petition is available for inspection at the
Commission's Public Document Room at 2120 L Street, NW., Washington, DC
20555-0001.
Dated at Rockville, Maryland, this 22nd day of December, 1994.
For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 94-32303 Filed 12-30-94; 8:45 am]
BILLING CODE 7590-01-M
