ML13254A074
| ML13254A074 | |
| Person / Time | |
|---|---|
| Site: | Aerotest |
| Issue date: | 10/04/2013 |
| From: | Kokajko L Division of Policy and Rulemaking |
| To: | Warren S Aerotest |
| Isaac P | |
| References | |
| IR-12-201 | |
| Download: ML13254A074 (5) | |
See also: IR 05000228/2012201
Text
October 4, 2013
Ms. Sandra Warren, General Manager
Aerotest Operations, Inc.
3455 Fostoria Way
San Ramon, CA 94583
SUBJECT: AEROTEST OPERATIONS, INC. - REQUESTING RESPONSE TO AN
UNRESOLVED ITEM IDENTIFIED IN NRC INSPECTION REPORT
NO. 50-228/2012-201
Dear Ms. Warren:
This letter refers to an inspection conducted by the U.S. Nuclear Regulatory Commission (NRC)
on January 17 and 18, 2012, at the Aerotest Radiography and Research Reactor facility. The
purpose of this inspection was to review the results of a fuel inspection conducted by your
facility in December 2011. During that fuel inspection, you identified cracks in four of the fuel
elements and on January 11, 2012, you submitted a letter to the NRC describing your findings.
A copy of the letter is available under Agency Documents Access Management System
(ADAMS) Accession No. ML12018A336. On August 10, 2012, you submitted a letter to the
NRC (ADAMS Accession No. ML12250A659) documenting that a followup fuel inspection at the
facility revealed that there were a total of 22 fuel elements with cracks in the cladding.
The subject inspection report (ADAMS Accession No. ML120310173), which was issued on
February 7, 2012, documented the results of the NRCs inspection and identified an
unresolved item (URI) associated with operation of the reactor with damaged fuel
(URI 50-228/2012-201-01).
During a telephone conference on September 6, 2013, Mr. Gregory T. Bowman of my staff
informed you that the NRC had completed its review of the URI and was considering escalated
enforcement for an apparent violation involving operation of the reactor with significantly
damaged fuel, contrary to the facilitys Technical Specifications. Mr. Bowman also informed you
that the NRC has sufficient information regarding the apparent violation to make an enforcement
decision without the need for a predecisional enforcement conference or a written response
from you. During that telephone conference, you indicated that Aerotest Operations, Inc.
believes that a predecisional enforcement conference or written response is needed.
Based on the information developed during the subject inspection, subsequent inspection
activities, and the information that you provided in letters dated January 20, 2012 (ADAMS
Accession No. ML12026A344), August 10, 2012 (ADAMS Accession No. ML12250A659), and
August 15, 2013 (ADAMS Accession No. ML13247A668), one apparent violation of NRC
requirements was identified and is being considered for escalated enforcement action in
accordance with the NRC Enforcement Policy. The current NRC Enforcement Policy is on the
NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The
S. Warren -2-
apparent violation was associated with the facilitys operation at varying power levels from 2006
(the date of the last fuel inspection) to October 15, 2010, with a number of fuel elements with
varying degrees of cracking in the aluminum cladding.
The actual radiological consequences of this issue are low due to the fact that, while some
elevated levels of fission products were found in the reactors purification system, no detectable
airborne releases or local or environmental contamination were identified in or around the
facility. Notwithstanding, based on the results of NRC inspections, the facility apparently
operated the reactor using fuel with cracks in the cladding for a number of years. Although the
safety consequences of this situation are low, operating the facility with damaged fuel
represents a loss of the primary fission product barrier and the potential for release of
radioactive material.
Because your facility has not been the subject of an escalated enforcement action within the last
2 years, the NRC considered whether credit was warranted for Corrective Action in accordance
with the civil penalty assessment process in Section 2.3.4 of the NRC Enforcement Policy. As
described in NRC Inspection Reports 50-228/2012-204, dated August 14, 2012 (ADAMS
Accession No. ML12213A001) and 50-228/2012-206, dated January 7, 2013 (ADAMS
Accession No. ML12361A147), corrective actions included the following: (1) placing all the
undamaged fuel into proper storage locations inside the reactor tank, (2) fabricating specially
designed canisters to contain the damaged fuel elements, (3) placing each fuel element with
cracked cladding, with the exception of two recently identified damaged elements, into one of
the specially designed canisters, and (4) placing each of the canisters in a specially designed
and fabricated storage rack. The majority of the damaged fuel was safely placed into storage
on December 13, 2012; you indicated that you intend to maintain the remaining two damaged
elements in the reactor tank for monitoring. All of these corrective actions were completed in a
timely manner and with an appropriate focus on occupational radiation safety, and the NRC has
determined that credit is warranted for your corrective actions. Therefore, to encourage prompt
identification, and prompt and comprehensive correction of violations, and in recognition of the
absence of previous escalated enforcement action, a civil penalty may not be warranted in
accordance with Section 2.3.4 of the Enforcement Policy.
Before the NRC makes its enforcement decision, we are providing you an opportunity to (1)
respond to the apparent violation addressed in the subject inspection report within 30 days of
the date of this letter or (2) request a predecisional enforcement conference (PEC). If a PEC is
held, it will be open for public observation, and the NRC will issue a press release to announce
the time and date of the conference. If you decide to participate in a PEC, please contact
Gregory T. Bowman at (301) 415-2939 within 10 days of the date of this letter. A PEC should
normally be held within 30 days of the date of this letter.
If you choose to provide a written response, it should be clearly marked as a Response to
Apparent Violation in NRC Inspection Report No. 50-228/2012-201; EA-13-108 and should
include: (1) the reason for the apparent violation or, if contested, the basis for disputing the
apparent violation; (2) the corrective steps that have been taken and the results achieved;
(3) the corrective steps that will be taken; and (4) the date when full compliance will be
achieved. Your response may reference or include previously docketed correspondence, if the
correspondence adequately addresses the required response. If an adequate response is not
received within the time specified or an extension of time has not been granted by the NRC, the
NRC will proceed with its enforcement decision.
S. Warren -3-
If you choose to request a PEC, the conference will afford you the opportunity to provide your
perspective on these matters and any other information that you believe the NRC should take
into consideration before making an enforcement decision. The decision to hold a predecisional
enforcement conference does not mean that the NRC has determined that a violation has
occurred or that enforcement action will be taken. This conference will be conducted to obtain
information to assist the NRC in making an enforcement decision. The topics discussed during
the conference may include information to determine whether a violation occurred, information
to determine the significance of a violation, information related to the identification of a violation,
and information related to any corrective actions taken or planned.
In addition, please be advised that the number and characterization of apparent violations
described in the enclosed inspection report may change as a result of further NRC review. You
will be advised by separate correspondence of the results of our deliberations on this matter.
An additional URI associated with fuel degradation was identified during an NRC inspection
conducted in July 2012. Specifically, the inspector identified that the serial numbers on many of
the older aluminum clad fuel elements could not be read, possibly due to wear caused by the
fuel handling tool. At the time of the inspection, the licensee indicated that fuel elements were
tracked by their position in the reactor core or fuel storage rack, rather than by serial number.
URI 50-228/2012-204-02 was opened to evaluate whether this method of tracking met NRC
requirements. The NRC has reviewed this issue and determined that it does not represent a
violation of NRC requirements. Accordingly, this URI is closed.
In accordance with Title 10 of the Code of Federal Regulations Section 2.390, Public
inspections, exemptions, requests for withholding, a copy of this letter and its enclosures will be
made available electronically for public inspection in the NRC Public Document Room or from
the NRCs document system, accessible from the NRC Web site at http://www.nrc.gov/reading-
rm/adams.html. The NRC includes significant enforcement actions on its Web site at
(http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/).
Sincerely,
/RA/
Lawrence E. Kokajko, Director
Division of Policy and Rulemaking
Office of Nuclear Reactor Regulation
Docket No. 50-228
License No. R-98
cc: See next page
Aerotest Operations, Inc. Docket No. 50-228
cc:
Michael Anderson, President
Aerotest Operations, Inc.
Autoliv ASP, Inc.
1320 Pacific Drive
Auburn Hills, Michigan 48326
Sandy Warren, General Manager
Aerotest Operations, Inc.
3455 Fostoria Way
San Ramon, CA 94583
California Energy Commission
1516 Ninth Street, MS-34
Sacramento, CA 95814
Radiologic Health Branch
P.O. Box 997414, MS 7610
Sacramento, CA 95899-7414
Test, Research, and Training
Reactor Newsletter
University of Florida
202 Nuclear Sciences Center
Gainesville, FL 32611
Pillsbury Winthrop Shaw Pittman LLP
ATTN: Kimberly Hershaw
2300 N Street, NW
Washington, DC 20037-1122
Pillsbury Winthrop Shaw Pittman LLP
ATTN: Jay Silberg
2300 N Street, NW
Washington, DC 20037-1122
ML13254A074 NRR-106
OFFICE NRR/DPR/PROB NRR/DPR/PRLB/BC NRR/DPR/PRLB/LA OE NRR/DPR/PROB/BC NRR/DPR/D
NAME PIsaac AAdams PBlechman RCarpenter GBowman LKokajko
DATE 9/11/2013 9/11/2013 10/03/2013 9/20/2013 10/03/2013 10/ 4 /2013