ML20128L515

Ack Receipt of 850322 & 0422 Ltrs Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 70-1113/85-01.Responses Do Not Meet Requirements of 10CFR2.201.Supplemental Response Required within 30 Days

ML20128L515
Person / Time
Site:	07001113
Issue date:	06/04/1985
From:	Grace J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Lees E GENERAL ELECTRIC CO.
References
NUDOCS 8507110338
Download: ML20128L515 (2)

Text

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General Electric Company ATTN: Mr. Eugene A. Lees, General Manager Nuclear Fuel Manufacturing Department P. O. Box 780 Wilmington, NC 28402 Gentlemen:

SUBJECT:

REPORT NO. 70-1113/85-01 Thank you for your responses of March 22 and April 22, 1985, to our Notice of Violation issued on February 21, 1985, concerning activities conducted at your Wilmington facility. We have evaluated your responses and found that they do not meet the requirements of 10 CFR 2.201 in that corrective actions which will be taken to avoid further violations and the date when full compliance will be achieved have not been specified. Therefore, you are required to submit within 30 days of the date of this letter, a supplemental response which contains the information specified above.

In your April 22, 1985 response, you denied that your management system implementing procedure P/P 80-6 was inadequate. 10 CFR 70.58(c)(1) clearly requires you to establish a management system which provides for written approval of nuclear material control and accounting procedures by the individual with the overall responsibility for the nuclear material control and accounting functions.

Your Fundamental Nuclear Material Control Plan identifies the Manager, Licensing and Nuclear Materials Management as the individual with overall responsibility for those functions at your facility. But your management system implementing procedure specifies that an organizational unit, i.e., Licensing and Nuclear Materials Management, is responsible for approving your nuclear material control and accounting procedures. Thus your management system provides for procedure approval by an organization unit rather than the individual _ responsible for the functions. Therefore, your management system implementing procedure P/P 80-6 is inadequate.

We do not agree with the statement in your April 22, 1985 response which indicated that "(t)he subject (of delegation of authority to approve procedures and revisions thereto), therefore, remains unclear except to the extent that it is covered in the facility FNMCP." This NRC position has remained unchanged since it was originally communicated to General Electric in an attachment to a letter dated November 17, 1977. Furthermore,durtnyatelephoneconversationon April 17, 1985, between Mr. C. N. Smith of the NRC s Fuel Facility Safeguards Licensing Branch and Mr. C. M. Vaughan of your staff, it was confirmed that the NRC's position on this matter was that the authority to approve material control and accounting procedures could not be redelegated by the individual who occupies the position required by 10 CFR 70.58(b)(1) except when that individual is absent from the plant, hC I"7y

General Electric Company 2 M 0i %

4 In response to the request in your letter of March 22, 1985 to reclassify the violation to Severity Level V, we have reviewed the Severity Level assigned to this violation, and have determined the Severity Level IV is appropriate.

It has been determined that your submittals contain information of a type specified in 10 CFR 2.790(d). It is therefore, deemed to be commercial or financial information within meaning of 10 CFR 9.5(a)(4) and shall be subject to public disclosure only in accordance with the provisions of 10 CFR 9.12.

Sincerely, J. Nelson Grace i Regional Administrator cc: C. M. Vaughan, Manager Regulatory Compliance bec: Document Control Desk Safeguards and Materials Program Branch, EWS-305 Fuel Facility Safeguards Licensing Branch, 881-SS State of North Carolina License Fee Management Branch Ja- Y RII 'I n LTMfd R R g

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