[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]



-----------------------------------------------------------------------


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