ML19208B371
| ML19208B371 | |
| Person / Time | |
|---|---|
| Site: | 07000135 |
| Issue date: | 02/13/1979 |
| From: | Austin M BABCOCK & WILCOX CO. |
| To: | Grier B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML19208B364 | List: |
| References | |
| NUDOCS 7909200111 | |
| Download: ML19208B371 (8) | |
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Babcock &Wilcox N,ciea, me,,ai, o.sion 6o9 North Warren Avenue, Apollo, Pa.15613 Telephone: (412) 842-o111 February 13, 1979 Boyce H. Grier, Director, Region I Office of Inspection and Enforcement United States Nuclear Regulatory Comnission 631 Park Avenue King of Prussia, PA 19406
Reference:
Docket No.70-135 Inspection No. 78-25
Dear Mr. Grier:
Attached are the Nuclear Materials Division, Pennsylvania Operations (PA Ops) specific responses and corrective actions relating to the disclosed items resulting from your Mr. Kinney's inspection of December 5-8, 1978.
Below is a summary of our specific responses to each item and the corrective actions which have been implemented to resolve and prevent recurrence of the items with respect to which we agree corrective actions are appropriate.
Relative to Appendix A, Item 1, we feel this item as described is inaccurate and citation is unwarranted.
It is our position, as substantiated in our specific response, that this item should be retracted in its entirety.
We are surprised by this citation because, subsequent to the close out meeting at which we discussed the inspector's interpretation and concerns, we have further discussed this matter at length with various representatives of Inspection and Enforcement and Licensing and we understood the matter was closed.
Relative to Appendix A, Item 2, as substantiated in our specific response, it is our position that this item should be retracted in its entirety.
Relative to Appendix A, Item 3, to ensure that the air quality in the plant is maintained, periodic velometer measurements are being performed at all ventilated enclosure openings.
Additionally, gloveboxes requiring static pressure measuring gauges will have these devices installed by April 30,1979.
It is requested that this item be retracted or that the category be modified to " deficiency", for reasons set forth in our specific response.
Relative to Appendix A, Item 4, the subject Manufacturing Instructions have now been reviewed and updated as required.
However, they will not be re-entered into the document control annual review program due to abrogation of all High Enriched Uranium Operations by the end of 1979, which is prior to the next review date.
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Babcock & Wilcox Boyce H. Grier February 13, 1979 Relative to Appendix A, Item 5, the transfer cart with an 11 liter bottle and the 55 gallon drum with a contaminated jaw crusher have both been removed. A physical restraint has been installed to prevent transfer carts from being unintentionally moved into the delineated zone.
The intent of the Nuclear Safety posting has been made clear to cognizant personnel, to eliminate any future storage of drums containing equipment in this zone.
Relative to Appendix A, Item 6, it is our position that this item as described is inaccurate and that the citation is unwarranted.
We are requesting that this item be retracted based upon the reasons set forth in our specific response.
If you have any questions concerning the items for which we have proposed corrective actions, please contact me.
Should there be further questions concerning the items with respect to which we have disputed the validity of the citations, we believe a meeting among NMD, NRC Licensing, and NRC Inspection and Enforcement would be appropriate at the earliest possible date.
Very truly yours; s$$
0-Michael A. Austin Manager, Technical Control MAA/mhb Enc.
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SPECIFIC NUCLEAR MATERIALS DIVISION (PENNSYLVANIA OPERATIONS) RESPONSE TO NUCLEAR REGULATORY COMf11SSION INSPECTION REGION I 0F DECEMBER 5-8, 1978.
(_ REFERENCE INSPECTION REPORT N0. 70-135/78-25)
INFRACTION:
APPENDIX A ' ITEM 1)
License Candition 9 of License No. SNM-145 authorizes use of special nuclear materials in accordance with statements, representations and conditions con-tained in Section I of the licensee's applicaticn.
Specification 4.0, Organization-of Section I states, in part, that, "The professional qualifi-cations statements detailed in this specification are minimum (basic) academic and experience requirements for an incumbent without any unique qualifications for the position described.
In special cases, unique qualifications such as extended service in the facilities involved, superior academic attainment, provided access to a former incumbent to the position and/or access to an individual (s) with the minimum academic and experience requirements, etc.,
may be substituted for the base requirements.
In such special cases, an individual may hold the position, provided the evaluation and approvals required by section 4.6.1 of this specification are met."
a.
Specification 4.2.3(c), Professional Qualifications for the Manager of Comoliance, requires that the incumbent have a Baccalaureate Degree in Science or Engineering and five (5) years of nuclear industry experience in the areas of health and safety, nuclear materials control, and/or physical security, including two (2) years of supervisory experience.
b.
Specification 4.2.4(c), Professional Qualifications for Licensing and Nuclear Safety Specialist, for the Licensing function requires, in part, that the incumbent have five (5) years experience in obtaining licenses and permits from Regulatory Agencies.
Contrary to the above, individuals have been named to positions and duties who do not have the qualifications specified for the position, and the evaluations and approvals required in Section 4.6.1 of the specification in such instances have not been done.
Specifically:
a.
On October 17, 1978, for an indefinite period an individual was named Acting Manager of Compliance who does not have either a college degree or experience in the health physics aspects of health and safety, nuclear materials control, or physical security.
b.
Since August 25, 1978, when the position of Licensing and Nuclear Specialist became vacant, the Licensing function of the position of Licensing and Nuclear Safety Specialist has been performed by the Manager of Technical Control.
On October 15, 1978, an individual was named Manager of Technical Control who has no experience in obtaining licenses and permits from Regulatory Agencies.
SPECIFIC RESPONSE:
Individuals who do not have the requisite qualifications to hold permanent oositions have all been evaluated and approved prior to assignment to such positions in accordance with Section I, Specification 4, Item 4.6.1.
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, Certain positions have been filled by assignment of selected personnel on a temporary or " acting" basis.
Such personnel are not required to have the same qualifications as those who hold the position on a permanent basis (the incumbents), nor is Safety Advisory Board review or approval necessary for these temporary appoiatments.
Tha discussion of this item as contained in Appendix A, Notice of Violation, is predicated upon certain erroneous information and includes conclusions which we do not believe are supported by the facts.
Many of these are minor, but we will endeavor to identify the substantive areas of discrepancy below.
a.
Specifically while Accendix A, Notice of Violation, states that the required evaluation and approval was not performed for the individual named to Acting Manager of Compliance, there are no requirements for temporary appointees to be so evaluated.
b.
Appendix A, Notice of Violation, states that the Licensing and Nuclear Safety Specialist position has been vacant since August 25, 1978.
Contrary tc this statement, the Manager of Technical Control (R. A. Williams) assumed this office as Acting Licensing and Nuclear Safety Specialist upon the resignation of the incumbent (P. E. Fuller) on August 25, 1978.
No evaluation was required for this temporary assignment. Ilhen the cresent Manager of Technical Control (M. A. Austin) assumed office on October 17, 1978 on a oermanent basis, (with the proper evaluation and approvals) he also assumed the position of Acting Licensing and Nuclear Safety Snecialist.
The evaluation of Mr. M. A. Austin for Manager of Technical Control did not include the con-sideration of his qualifications to perform the temporary assignment of
" Acting Licensing and Nuclear Safety Specialist" as it was not required by our licenses.
c.
The detailed inspection report lists the incumbent for " key functions described in the license reporting to the : tanager of Technical Control as follows:
Manager of Technical Control - M. A. Austin Manager of Health and Safety - R. D. Corridoni Manager of Compliance - F. T. Foster (Acting)
Licensing and Nuclear Safety Specialist - Vacant Licensing Specialist - M. A. Austin ~
Nuclear Safety Specialist - personnel from Lynchburg Nuclear Criticality Group Training and Development Coordinator - G. R. Osborne Regulatory Projects Coordinator - D. G. Ortz Contrary to the above list; 1) Licensing and Nuclear Safety Specialist has been temporarily filled since October 17, 1978 by M. A. Austin as Acting Licensing and Nuclear Safety Specialist; 2) there is no licensed position titled " Licensing Specialist"; and 3) there is no licensed position titled
" Nuclear Safety Specialist".
d.
The detailed inspection report states that (page 4, line 11) "Mr. F. T. Foster was appointed Manager of Compliance effective October 17, 1978." Contrary to the above statement, Mr. Foster was appointed Acting Manager of Compliance on that date.
Proper documentation of this assignment was provided to the inspector.
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The detailed inspection report states (page 4, line 35) that "The evaluation for Mr. Austin's promotion to Manager of Technical Control did not address the justification for Mr. Austin to perform the Licensing Specialist function while being Manager of Technical Control.
Contrary to the above statement, the position of Licensing Specialist does not exist in the approved license.
Furthermore, no evaluation was required for Mr. Austin to assume the position of Acting Licensing and Nuclear Safety Specialist.
f.
The detailed inspection report states on page 5, line 1, "The appointment of Mr. F. T. Foster as Acting Manager of Compliance is of concern because the duration of this assignment has not been defined by the licensee."
It is our position that this concern should be expressed to NRC Licensing as it is an interpretation by the I&E inspector.
Our licenses intentionally do not address timing for refill %g positions as it is a function of many uncon-trollable activities such a: availability of personnel, organizational needs, training prercquisite, etc.
g.
The detailed inspection report statas on page 5, line 15 that "Mr. Foster has not been intimately involved in the radiction protection; i.e., health physics, aspects of health and safety."
It is our position that our licenses do not require " intimate involvement with health physics" for this position and it is not the intent of the license to mean " health physics" in lieu of " health and safety." Mr. Foster has 20 years of industrial and related safety experience in the nuclear industry.
h.
On page 5, line 18 the detailed inspection report states "Since Mr. Foster's qualifications do not meet the professional qualifications statement detailed in this specification, the evaluation and approvals required by Section 4.6.1 of the specification should have been made."
It is our position that such an evaluation was clearly not required under our license.
Based on the above explanation, we request this citation be retracted in its entirety.
INFRACTION APPENDIX A (ITEM 2)
License Condition 9 of License No. SNM-145 authorizes use of special nuclear material in accordance with statements, representations and conditions contained in Section I of the licensee's application.
Technical Specification 5.1.4 of Section I, Industrial Safety Within the Facility, Part A, Fire Safety, states, in part, "Out-of-confinement, contaminated, combustible solid wastes (in process areas) shall be stored in covered metal containers."
Contrary to the above, on December 6,1978, out-of-confinement, ccataminated.
combustible solid wastes si.ored in cardboard boxes in the CF-1 area, the CRP-1 area, the CP-1 area, the CP-1 annex, the ISAS counting room, and HEU Storage Area I were not stored in covered metal containers.
SPECIFIC RESPONSE:
The above-cited statement has been included in the Fire Safety Technical Specifi-cations of the SNM-145 license conditions due to the lack of a fire suppression V/4 lbO
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, system in the Apollo facility at that time. The intent of the condition us to optimize fire safety in unsprinklered areas by minimizing tLe amcunt of cxposed combustible solid waste through utilization of localized cenlit.ement such as that provided by the cardboard boxes observed by the inspecior.
Begged com-bustible contaminated wastes and cardboard boxed combustibic contaminated westes are routinely stored in various process areas as they meet the wording of our license by being confined to minimize airborr' ontaainati;n.
Hence the wording.
agreed to with NRC Licensing that only "out
- e. confinement", cont;nanated wastes be stored in metal containers. We therefore reauest that this citation be retracted.
a INFRACTION:
APPENDIX A (ITEM 3)
License Condition 9 o' License No. SNM-145 authorizes use of special nuclear materials in accordance with statements, representationsund conditions contained in Section I of the licensee's apolication.
Technical Specification 5.1.2 of Section I, Radiological Safety Within the Facility, Part G, Enclosures and Ventilation, states, in part, "Glovebox static pressure shC1 be maintained at a minimum of 0.25 inch of water (negative) unless a documented evaluation by Health and Safety shows that radioactive material control can be maintained at a lesser negative, or positive, pressure."
Contrary to the above, the licensee does not neasure the negative pressure en gloveboxes in the facility including the pellet trial glovebax complex in CF-1.,, -
the Trent furnace glovebox, the CP-1 blender glovebox, th weight adjustment glovebox, and the Hevi-Duti furnace glovebox; therefore, the licensee cann6t assure that the glovebox static pressure is being maintained at'a minimum of 0.25 inch of water (negative).
SPECIFIC RESPONSE:
The license condition cited above had been included ir, the Technical Specifiuticns for Enclosures and Ventilation in SNM-145, and was derived directly from Amendmest No. 93 (to our previous SNM-145 license) which made.spacific provisions for the safe use of the Volume Reduction Calciner.
The licente condition was never intended to be a plied to all gloveM x operations in the facility.
In lieu of monitoring static pressure in the above-mentioned gloyeboxes via fixed measuring gauges, Pennsylvania Operations had been routinely ensuring and continueslto ensure that air ouality in the plant is maintained by conducting weekly velometer checks of the air flow velocities at the openings of all ventilated enclosures to ensure they are
>100 linear feet per minute.
This time-tested procedure has been preejously, acceptable to the NRC and has proven to be a most effective method of ensur~ng that proper air flows are maintained.
Notwithstanding, we'will also ins' tall appropriate measuring gauges on appropriate gloveboxes cited by ths inspector.
Because adequate surveillance of enclosure ventilation hn always been maintained, we request that this citation be retracted or reduced to a deficiency.
DEFICIENCY:
APPENDIX A (ITEM 4)
License Condition 9 of License No. SNM-145 authorizes use of special nuclear materials in accordance with statements, representations and conditions contained in Section I of the licensee's application.
Specification 5.2 of Section I, Qh hbl
Administrative Policies and Procedures, requires, in part, "Long term procedures, such as Manufacturing Instructions and the Health and Safety Panual, shall be
' reviewed for updating at least annually."
Contrary to the above, on December 6,1978, Manufacturing Instructions for the wet scrap recovery process in High Enriched Uranium still in operation were not reviewed for updating at least annually as follows:
MI 2.0, Revision 2, Dissolution of Scrap Material, dated October 2,1976; MI 4.0, Revision 2, Solid Drying Hood, dated October 18,1977; and, MI 7.0, Revision 3, Ammonium Diuranate Precipitation, dated June 16, 1977.
SPECIFIC PESPONSE:
' ' The subject Manufacturing Instructions for the wet scrap recoven process in high Enriched Uranium area were inadvertently included with the list of high enrichel uranium operating procedures that were discontinued due to phase-out of High Enriched Uranium Operations, end thus they were not reviewed for 2nnual updatin6 These procedures have now been reviewed and updated as required. However, they will not be reen;ered in the document control annual review program due to abrogati6n of all High Enriched Uranium Operations prior to the end of 1979, which is prior to the next annual review date.
These corrective actions are expected 'to prever.t recurrence of this disclosed item.
DEFICIENCY:
APPENDIXA(ITEM 5)
License Condition 9 of License No. SNM-145 authorizes use of special nuclear materials in accordance with statements, representations and conditions contained s
in Section I of the licensee's application.
3pecification 4.5.3 of Section I, Manufacturing Managers, requires, in part, "The ?hnufacturing Manager is ' responsible for assuring cormliance with health, safety and safeguards regulaticns within his manufacturing areas."
Contrary to the above, on December 6,1978, the Manufacturing' Manager did not assure ccmpliance with a posted nuclear safety specification in that an eleven
, liter bottle containing uranium was stored in a transfar cart in an area posted with a nuclear _ safety specification which allowed only empty containers to be
.stored in the area.
SPECIFIC RESPONSE:
t Tte above-mentioned transfer cart with an 11 liter bottle and the 55 gallon drum with a contaminated jaw crusher (noted in the DETAILS section of the 70-135/78-25 inspection report) have both been removed.
A physical restraint has been installed
'to prevent transfer carts from being unintentionally moved into the delineated zone.
Relative to the drum with a contaminateri jaw crusher, a misunderstanding of the nuclear safety posting resulted in personnel considering it proper to store con-tainers in the delineated nne as long as the contairers did not contain an SM value.
This misunderstanding,has been rectified and the intent of the posting, which allows storage of empty drums only, has been mada clear to cognizant personnel, to eliminate any future storage of drums containing equipment in this zone.
These corrective actions are expected to prevent recurrence of this disclosed item.
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. DEFICIENCY:
APPENDIX A (ITEM 6)
License Condition 9 of License No. SNM-143 authorizes use of special nuclear materials in accordance with statements, representations and conditions con-tained in Section I of the licensee's application.
Specification 4.2.3, Manager of Compliance, and Specification 4.6.1, Pennsylvania Ooerations Safety Advisory Board SAB), of Section I, state, in part, that the Manager of Compliance shall serve as Secretary to the Safety Advisory Board.
Contrary to the above, since October 17, 1978, the Acting Manager of Compliance has not served as Secretary to the Safety Advisory Board.
SPECIFIC RESPONSE:
Wr; helieve this item is inaccurate and unwarranted.
The Manager of Compliance is required by the license to serve as Secretary of the Safety Advisory Board.
On October 17, 1978, upon approval of Mr. M. A. Austin to become Manager of Technical Control (per Section 4.6.1 of Section I of our licenses),
Mr. F. T. Foster became Acting Manager of Complianca (memo from M. A. Austin October 17,1978) which made him the Secretary of the Safety Advisory Board on a temporary basis. All functions of the Secretary of the Safety Advisory Board have been perfomed as required.
It is requested that this citation be retracted.
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