ML18009A361
| ML18009A361 | |
| Person / Time | |
|---|---|
| Site: | 03029462 |
| Issue date: | 01/03/2018 |
| From: | Trapp J M Division of Nuclear Materials Safety I |
| To: | Lahti C US Dept of the Navy, Office of the Chief of Naval Operations |
| References | |
| EA-17-180 | |
| Download: ML18009A361 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 2100 RENAISSANCE BLVD., SUITE 100 KING OF PRUSSIA, PA 19406-2713 January 3, 2018 EA-17-180
Carl Lahti, RDML Director, Energy and Environment Readiness Division (N45)
Office of Chief of Naval Operations Department of the Navy ATTN: N45, Rm 2D253 2000 Navy Pentagon Washington, DC 20350-02000
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION - DEPARTMENT OF NAVY
Dear Admiral Lahti:
This letter refers to a review conducted by the U.S. Nuclear Regulatory Commission (NRC) regarding the Department of the Navy (Navy) master materials license (MML) response to an
event at the Portsmouth Naval Shipyard (PNSY), Kittery, Maine, a permittee under the Navy MML, on July 6, 2017. The review was initiated to determine whether the action taken by the Navy was in accordance with the NRC Enforcement Policy
- 1. The NRC evaluated the facts and circumstances of this case and concluded that the Navy, in accordance with its enforcement program, appropriately identified a Severity Level III violation and issued a violation to PNSY for the failure to maintain physical controls on a mobile device. Specifically, the material was not secured from unauthorized removal when the device was not under direct control and constant surveillance by the permittee and was left unattended for approximately two to three minutes. Upon identification, the PNSY permittee staff took appropriate measures to immediately secure the device and return the source to storage. Longer term corrective actions were also found to be comprehensive.
After consultation with the Regional Administrator, Region I; Director, Office of Enforcement; and in recognition of the review conducted under the Navy's MML, the NRC is exercising enforcement discretion in accordance with Se ction 3.5 of the NRC Enforcement Policy and is not issuing a Notice of Violation or proposing a civil penalty for this case.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be available electronically for public inspection in the NRC Public Document Room and from the NRC's Agency-wide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Current NRC regulations and guidance are 1 The NRC Enforcement Manual Part II, Section 3.4.0, states that MMLs must have an enforcement program that commits to following the NRC's Enforcement Policy to ensure that enforcement actions are consistent with the Policy and are uniformly applied between the MML and its permittees.
C. Lahti, RDML included on the NRC's website at www.nrc.gov
- select Nuclear Materials; Med, Ind, &
Academic Uses; then Regulations, Guidance and Communications. The current Enforcement Policy is included on the NRC's website at www.nrc.gov; select About NRC, Organizations & Functions; Office of Enforcement; Enforcement documents; then Enforcement Policy (Under 'Related Information'). You may also obtain these documents by contacting the Government Printing Office (GPO) toll-free at 1-866-512-1800. The GPO is open from 8:00 a.m. to 5:30 p.m. EST, Monday through Friday (except Federal holidays).
No further action or response is required on your part unless the description in this letter does not accurately reflect your corrective actions or your position. In that case, or if you choose to provide additional information, you should clearly mark your response as a "Reply to an Exercise of Enforcement Discretion, EA-17-180" and send it to the Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555-0001, with a copy to the Regional Administrator, Region I, 2100 Renaissance Boulevard, Suite 100, King of Prussia, PA 19406 and a copy to the Enforcement Officer, Region I, within 30 days of the date of this letter.
Should you have any questions regarding this letter, please contact Mr. Shawn Seeley at (610) 337-5102.
Sincerely,
/RA/
James M. Trapp, Director Division of Nuclear Materials Safety
Docket No.: 03029462 License No.: 45-23645-01NA PNSY Permit No.: 28-39040-A1NP
C. Lahti, RDML Letter to C. Lahti, RDML from James Trapp dated January 3, 2018 DISTRIBUTION: ADAMS (PARS)
J Peralta, OE
N Hasan, OE
S Rodriguez, OE
L Sreenivas, OE M Burgess, NMSS R Sun, NMSS S Holiday, NMSS
D White, NMSS J Trapp, RI J Nick, RI D Janda, RI S Seeley, RI
B Klukan, RI
R1Enforcement
D Bearde, RI S Villar, RI Region I OE Files (with concurrences)
ML18009A361 DOCUMENT NAME: G:\Branch 1\MML-Navy\Navy MML PNSY EA-17-180.docx X SUNSI Review/
X Non-Sensitive Sensitive X Publicly Available Non-Publicly Available OFFICE RI/DNMS RI/DNMS RI/RC RI/ORA RI/ORA NAME S Seeley/sws DJanda/dmj B Klukan/bk C Crisden/cjc JTrapp/jmt DATE 12/18/17 12/19/17 12/20/17 12/21/17 01/03/18 OFFICIAL RECORD COPY