ML20147B003
| ML20147B003 | |
| Person / Time | |
|---|---|
| Site: | 07001100 |
| Issue date: | 02/23/1988 |
| From: | Mcgill P ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY |
| To: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| References | |
| EA-87-195, NUDOCS 8803010419 | |
| Download: ML20147B003 (22) | |
Text
__
Q ENGINEERING February 23, 1988 a
j Docket 70-1100 J
Mr. James Lieberman, Director 2
Office of Enforcement ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Subject:
Reply to e Notice of Violation
Reference:
Letter, U.S. Nuclear Regulatory Commission (W. T.
Russell) to Combustion Engineering, Inc., dated January 25, 1988 4
j
Dear Mr. Lieberman:
Combustion Engineering, Inc. has reviewed the Notice of Violation and Proposed Imposition of Civil Penalty received with the referenced letter.
This letter provides Combustion Engineering's reply to the Notice of Violation and Proposed Imposition of Civil Penalty.
3 The action Combustion Engineering is taking to rectify the violations identified is provided in Enclosure (1).
Since we have determined not to protest the proposed civil penalty, our check (No. 144066) in the amount
]
of Twelve Thousand Five Hundred Dollars ($12,500) made payable to the Treasurer of the United States is provided as Lnclosure (2).
j r
Combustion Engineering is proceeding with the actions discussed in Enclosure (1) in an expeditious manner while still assuring efficient and effective implementation.
Some actions have already been completed.
[
others are in process.
We expect to have completed all actions by the i
fourth quarter of 1988, i
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Power Systems 1000 Prospect H R Doad (203) 688 1911 h
Combusbon Engineenng, in:.
Post OMce Box 500 Tdet 99297 A,i, p g iis{pfr 8803010419 800223 mdsor, he m50500 PDR ADOCK 07001100 c
oCp
Mr. James Lisberman Page 2 Februa:"y 23, 1988 If you have any que:tions, please do not hesitate to call on me.
Very truly yours, COMBUSTION ENGINEERING, INC.~
P. L. ifcG11 Vice President Nuclear Fuel PLM:ss
Enclosures:
As Stated xc:
W. T. Russell, U.S. NRC, Region I STATE OF CONNECTICUT
)
)
ss.
COUNTY OF HARTFORD
)
There appeared before me, this 23rd day of February, 1988, Paul L. McGill, to me personally known, who, being duly sworn, stated that he is Vice President, Nuclear Fuel of Combustion Engineering, Ine; that he has executed this Reply to Notice of Violation
("Reply")
on behalf of Combustion Engineering, Inc.; that the statements made in this Reply are true and correct to the best of his knowledge, information, and belief; and that he is authorized to execute this Reply on behalf of Combustion Engineering, Inc.
Notary Public
_ $USMEIE SumL WINMT PUOUC shes erfmeseedti MHa ComeMas Empres IRud 3L ISIS
Enclosure (1)
Page 1 of 20 Combustion Engineering Windsor Fuel Fabrication Facility Reply to NRC Notice of Violation EA 87-195 VIOLATION A.
Special Nuclear Material License No.1067 (SNM-1067), Part 1, License Condition, Section 3.2.8.1, "Contamination Surveys" requires that for Pellet Shop Building #17 removable alpha contamination' of 10,000 dpm per 100 square centimeters be immediately cleaned up.
Contrary to the above, from September 15, 1987, to October 23, 1987, plant alpha contamination levels were identified in certain locations of the pellet shop to be as high as 160,000 dpm per 100 square centimeters and the contamination was not cleaned up.
RESPONSE
Combustion Engineering adinits the violation.
2.
This violation resulted from (1) reliance on a surface contamination control program which emphasized contamination on the floor and did not sufficiently monitor other surfaces in the pellet shop and (2) assignment of an inadequate number of personnel to clean all conttuninated surfaces immediately after the surface contamination program indicated the presence of contamination at action levels.
3.
Additional temporary decontamination personnel were brought in to help reduce the pellet shop contamination level below the license limit.
A supervisor is currently charged with the primary responsibility for the decontamination program to assure that continuing attention is given to contamination control measures.
Contamination levels have been reduced and are controlled in accordance with license requirements.
Enclosure (1)
Page 2 of 20 An improved method for monitoring contamination and identifying needed corrective action has been implemented. This involves a contamination control board located in the pellet shop.
The contamination control board displays the status of approximately 84 locations to keep shop personnel, supervisors, health physics technicians and management informed of contamination levels. Prompt action is taken to decontaminate the locations noted on the board whenever unacceptable contamination levels are posted.
Further, management now receives a daily summary report on contamination control survey data.
4.
Additional contamination control instructions have been written to supplement existing procedures in this area.
These instructions are being used in a training program for all pellet shop personnel to re-emphasize the importance of contamination control. The training program covers good work practices, cc,itamination control and acceptable decontamination procedures.
Copies of applicable instructions are maintained at work stations.
5.
The actions noted above have corrected Violation (A).
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Enclosure (1)
Page ~ 3 of 20 VIOLATION B.
10 CFR 20.103(b)(1) requires that the licensee, as a precautionary -
procedure, use process or other engineering controls, to the extent practicable to limit concentrations of radioactive materials in air to levels below those which delimit an airborne radioactivity area as defined in 20.203(d)(1)(li).
Contrary to the above, from August 12, 1987, to October 23, 1987, process or other engineering controls were not used to' the extent practicable to limit concentrations of radioactive materials in air in the pellet shop. These controls were deficient in that certain equipment associated with the manufacturing of pellets (such as hoses), which are designed to confine the uranium oxide to the ventilated enclosures that contain the pellet presses, were not adequately maintained, resulting in leakage of uranium in the pellet shop.
RESPONSE
1.
Combustion Engineering admits the violation.
2.
Combustion Engineering relied on process and engineering controls which had been in place for many years without periodic review to ascertain their continued acceptability.
As time passed and the pellet shop throughput increased, the existing process and/or engineering controls became more difficult to keep in good repair.
As a result, interhn repairs were made as necessary to correct problems as they occurred.
This led to a situation in which the existing process and/or engineering controls were not as effective as desired in limiting contamination.
3.
All damaged hoses at the pellet presses have been replaced.
Hoses and hose connections at the pellet presses will also.be enclosed in ventilated engineered containments. A comprehensive program has been initiated to refurbish existing process and/or engineering controls, e.g. by rebuilding hoods and glove boxes around powder handling equipment and presses and by covering roller conveyors with sheet metal, where necessary, to reduce the spread of contamination.
In addition, the improved pellet shop contamination 1
Enclosure (1)
Page 4 of 20 l
-1 l
l control program discussed in the response to Violation (A) helps -
assure that,' even while this corrective action is in progress, pellet shop contamination' concerns will be addressed.
4.
An equipment refurbishment program has been implemented to remove the layers of interim fixes and return the facility process and engineering controls to a fully functioning condition.. In addition, an upgraded maintenance program is being developed and implemented.
The refurbishment of process and engineering controls as well as the use of an upgraded maintenance program will assure that the license conditions are met.
5.
Completion of the upgrading program as discussed above is expected by the third quarter of 1988.
Enclo:iure (1)
Page 5 of 20 VIOLATION C.
10 CFR 20.103(a)(3) requires, in part, that the licensee, for purposes of determining compliance with 10 CFR 20.103,. use suitable measurements of concentrations of radioactive materials in air for detecting and evaluating airborne radioactivity in restricted areas.
Contrary to the above, from August 12, 1987, to October 23, 1987, suitable measurements were not made of the concentrations of radioactive materials in the air for detecting and evaluating airborne radioactivity in the pellet shop, a restricted area, in order to determine compliance with 10 CFR 20.103, in that the samples taken were not representative of the air breathed by the employees.
RESPONSE
1.
Combustion Engineering admits the violation.
2.
This violation resulted from reliance on Combustion Engineering's fixed air sampling program which had been in use for a number of years.
Tests conducted periodically, as required by the license, to correlate fixed air sampling results with an independent air sampling method had not revealed significant variations.
3.
Combustion Engineering recently acquired new Breathing Zone Air Samplers (BZs).
A monitoring program was conducted for a selected number of pellet shop personnel and it was determined that calculated activity ranged from levels comparable to the fixed air sampler results to levels several times higher.
Additional BZs have been ordered to permit more extensive monitoring of personnel working in the pellet shop.
The improved pellet shop contamination control program, discussed in the response to Violation (A) helps assure that, even while this corrective action program is in progress, pellet shop contamination concerns will be addressed.
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Enclosure (1)
Page 6 of 20 4.
Combustion Engineering has procured and will soon install a continuous air monitor (with an audible alarm) for use in early detection of increases in airborne radioactivity in the pellet shop.
Following installation of the continuous air monitor and receipt of the additional BZs, these will be incorporated into a comprehensive airborne activity monitoring program.
5.
The actions noted will enhance the previous air sampling program.
It is expected that all new air sampling equipment will be in place by the third quarter of 1988.
Enclosure (1)
Page 7 of 20 VIOLATION D.
10 CFR 20.103(a)(3) requires, in part, that the licensee, as appropriate, use measurements of radioactivity in the body, measurements of radioactivity excreted from the body, or any combination of such measurements.as may be necessary for timely detection and assessment of individual intakes of radioactivity by exposed individuals.
Contrary to the above, on August 12 and September 26,1987, air samples taken indicated that a potential existed for intake of radioactive materials by workers, and appropriate measurements of radioactivity in the body, measurements of radioactivity excreted from the body, or any combination of such measurements were not made as necessary in each case to ensure timely detection and assessment of individual intakes or radioactivity.
Specifically, 1.
On August 12, 1987, the licensee determined, based on the air sample measurements in the pellet shop, that eleven individuals received between 21 and 68 maximum permissible concentrations (MPC) hours, and only urinalysis for insoluble uranium oxide was performed on these individuals rather than a whole body count and/or fecal analysis which would have been necessary in these circumstances to assess the individual's intakes; and 2.
On September 26, 1987, the licensee determined, based on air sample measurements, that an individual received about 38 MPC hours, and only urinalysis for insoluble uranium oxide was performed on this individual rather than a whole body count and/or fecal analysis which would have been necessary in these circumstances to assess the individual's intake.
RESPONSE
1.
Combustion Engineering admits the violation.
2.
Combustion Engineering had relied on an existing bioassay program which had been in place for several years.
Changes to the program were not made because the air sampling program in use did not indicate any marked increase in airborne contamination levels ner did the in-vivo program reveal any marked increases in personnel lung burdens.
Based on this information, Combustion Engineering did not recognize the need to make changes to the in-place bioassay program,
I Enclosure (1)
Page_8 of 20 3.
A Helgeson mobile uranium lung counting unit was -brought 'onto the.
site for a normally scheduled visit during December,-1987.
The number of individuals' lungs counted was expanded to include personnel not normally counted to establish an improved data base.
Fecal analysis and a more-sophisticated urinalysis were performed by an offsite vendor on the 25% of the personnel who were found to have the highest uranium lung count values.
Uranium lung count, fecal, and urinulysis results have been received and are now in the process-of review. Preliminary results, however, do not indicate any personnel overexposure nor meaningful deviations from previous findings.
4.
The bioassay program is being upgraded to include the following:
Lung counting twice a year for all personnel who routinely work in the pellet shop, Fecal and urinalysis sampling twice a year for the highest 25% of pellet shop personnel based on lung count data, and Fecal and urinalysis sampling to be conducted immediately for any personnel who are suspected to have received an intake above the allowable quarterly limit (>520 MPC hour) for airborno radioactive material. Lung counting of these people will be conducted within four weeks of the suspected intake.
1 When implemented this program will assure that appropriate j
measurements of radioactivity in the body or excreted from the body will be made on a timely basis to assess the internal exposure of personnel.
5.
Although features of the new program were employed in December 1987, as discussed in item 3 above, the formal upgraded bioassay t
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Enclosure (1)
Page 9 of 20 program including implementing procedures and appropriate training is expected to be in place by the fourth quarter of 1988.
7 Enclosure (1)
Page 10 of 20 VIOLATION E.
10 CFR 20.103(c) specifies, in part, that when respiratory protective equipment is used-to limit the inhalation of airborne radioactive material, the licensee may make allowance for this use of respiratory protective equipment in estimating exposures of individuals' to this material, provided that the licensee satisfies certain conditions, including maintaining and implementing a respiratory protection program which includes certain elements set forth in 10 CFR 10.103(c)(2) and (3) including surveys and-bioassays as appropriate to evaluate actual exposures; written procedures regarding supervision and training of personnel; and written procedures regarding selection, fitting, and maintenance of respirators, and issuance of a written policy statement on respirator usage.
Contrary to the above, as of October 21, 1987, and for an indeterminate period of time prior to that date, respiratory protective equipment was used to limit the inhalation of airborne radioactive material and an allowance was made for this use in estimating exposures, but the respiratory protection program did not include the following elements required by 10 CFR 20.103(c)(2), and (3):
a.
adequate bioassays and other surveys, as appropriate, to evaluate individual exposures and to assess protection; b.
written procedures for training of personnel in the proper use of respiratory protective equipment; c.
written procedures for properly fitting respiratory protection devices to individuals; and d.
1ssuance of a written policy statement on respirator usage.
RESPONSE
1.
Combustion Engineering admits the violation.
I 2.
This violation resulted from reliance on a respiratory protection program which had been in place for several years and inadequate verification that the program conformed in all respects to the regulatory requirements for such programs.
3.
Immediate action was taken to review and revise the respiratory protection program.
The following steps have been implemented toward improving the respiratory protection program:
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Enclo2ure (1)
Page 11 of 20 A management policy statement to plant managers on respirator usage was issued, Replacement NIOSH/MSHA approved filter respirators for use in the respiratory protection program were purchased, A respirator program administrator who has completed an industry accepted training course in administering such programs was appointed, Written procedures which address all areas suggested by Regulatory Guide 8.15 for respiratory protection were implemented, A respirator qualitative fit test chamber was purchased and installed, All personnel who are designated to use respirators in accordance with guidance specified in NUREG-0041 and ANSI Z88.2-1980 were fit tested and trained, The training of all health physics technicians in the daily administration of the respiratory protection program was completed, 4.
In addition to the actions outlined above, Combustion Engineering is implementing an audit program which will be conducted on a routine basis to evaluate all phases of the respiratory protection program.
This wi'l be an ongoing program through which auditing personnel will verif y the program's conformance to regulatory and other requireme nts.
Where necessary, procedural upgrades will be prepared and implemented.
Enclosure -(1)
Page.12 of 20 5.
These actions will rectify the previous program shortcomings. 'The respiratory protection program is in place and procedures for the-
' bioassay program will be completed by the fourth quarter of 1988.
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Enclosure (1)
Page 13 of 20 l
VIOLATION F.
10 CFR 20.201(b) requires that each licensee make such surveys as may be necessary to comply with the regulationn in Part 20, and are reasonable under the circumstances to evaluate the extent of radiation hazards that may be present. As defined in 10 CFR 20.201(a),
"survey" means an evaluation of the radiation hazards incident to the production, use, release, disposal, or presence of radioactive materials or other sources of radiation under a specific set of conditions.
Contrary to the above, 1.
Surveys were not made to assure compliance with 10 CFR 20.103(a) which limits the exposure of individuals to concentrations of radioactive materials in air in restricted areas, in that:
a.
On September 26, 1987, an evaluation was not made of the radiological hazards existing at the Pellet Press No.1 enrichment hood to ensure that a worker assigned to perform an enrichment clean-up on the highly contaminated equipment was provided with appropriate protective equipment, b.
As of October 23, 1987, evaluations of the radiological hazard to workers drinking water in the Pellet Shop from two water fountains contaminated with radioactive material had not been made until after decontamination of the fountains.
2.
On October 23, 1987, an adequate survey was not made to assure compliance with 10 CFR 20.103(a) to evaluate the extent of hazards present when individuals and equipment exited the Pellet Shop, in that the frisker used to detect the presence of contamination on individuals and equipment exiting the Pellet-Shop was malfunctioning.
RESPONSE
1.
Combustion Engineering admits the violation.
2.
Incomplete evaluations of radiological hazards and removal of equipment from operating spaces were the result of inadequate procedures and training.
Enclosure (1) l Page 14 of 20 1
3.
A contamination control survey of the pellet shop which evaluates approximately 84 locations is now completed'and documented on a daily basis. The results of this survey are displayed on a contamination control board located in the pellet shop.
The survey information will be used in conjunction with the Radiation Work Permit program to advise personnel as to the extent of contamination, radiation and airborne contamination levels that may be present in the work area to which they have been assigned.
The water fountains referred to in Violation (F)(1)(b) have been removed from the restricted area.
The equipment noted to be malfunctioning in Violation (F)(2) has been replaced.
Health physics personnel have been instructed that all such equipment when malfunctioning shall be replaced with correctly functioning equipment.
4.
A program for upgrading existing procedures and preparation of new procedures is underway.
Training of personnel in the upgraded and new procedures has been initiated.
This program -- once completed
-- will assure, through the use of new and upgraded procedures and re-training, that appropriate surveys are conducted to determine the extent of radiation hazards that may be present in the pellet shop.
5.
Completion of procedures and retraining will be completed by the fourth quarter of 1988.
Enclosure (1)
Page 15 of 20 VIOLATION G.
SNM-1067, Part 1, License Condition, Section 2.7.2, "Operating Procedures for Nuclear Fuel Manufacturing" states, in part, that all operations involving radioactive materials shall-have written procedures which shall include the appropriate safety requirements and which shall be followed.
Section 3.1.1, "Radiation Work Permit Procedures" states, in part, that written operating procedures for the Health and Safety group are provided and followed.
Contrary to the above, as of October 23, 1987, the Health and Safety group was not provided with certain procedures that were necessary to implement the radiation protection program.
Specifically, no written procedures were provided for several radiological safety activities including the requirements for writing Radiation Work Permits as required by SNM-1067, Section 3.1.1; for implementing the respiratory protection program as required by 10 CFR 20.103(c); for implementing a bioassay program as required by 10 CFR 20.103(a)(3);
or for sampling liquid waste tanks as required by 10 CFR 20.106(c)(7).
RESPONSE
1.
Combustion Engineering admits the violation.
2.
This violation resulted from (1) prior reliance on an existing system of procedures which had been in place for an extended period of time and (2) inadequate verification that the procedures conformed in all respects to the regulatory and license requirements.
Combustion Engineering had, in fact, identified the need for, and had begun work on, revisions to some of these procedures before the inspection.
3.
Review, revision, and/or preparation of new procedures is in progress.
The results with respect to the procedures for the respiratory protection and bioassay programs are noted in the response to Violations (D) and (E). A procedure for sampling liquid waste is in place. The existing Radiation Work Permit Procedure is undergoing upgrading.
4.
A revised master list of procedures will be developed based on a
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-i Enclosure (1)
Page 16 'of 20 comparison of existing procedures with regulatory and. license
. requirements. Additional procedures will then be prepared as necessary.
As new procedures are developed and approved, Combustion Engineering's-personnel will receive appropriate training.
5.
Completion of the procedure upgrade program is expected-by the third quarter of 1988.
Enclosure (1)
Page 17 of 20 VIOLATION-
-H.
. l'0 CFR _19.12 -requires that all individuals. working in a restricted area' be instructed in the precautions and procedures to minimize exposure to radiation and radioactive materials, and in the applicable provisions.of the Commission's regulations and licenses.-
Contrary to,the above,
- 1. - ' On: September 26,1987, _an individual-working in a restricted area was not instructed in the procedures and precautions necessary to perform the enrichment hood clean-up, and to minimize an intake of concentrations ~ of radioactive material 2 2.
Asl of October ':3,1987, individuals working in. the. Pellet Shop restricted sna, had not been instructed in the purposes and function' of protective devices (i.e., respiratory protective -
equipment), or in proper frisking techniques to minimize 'their exposure to radioactive materials.
RESPONSE
1.
Combustion Engineering admits the violation.
j 2.
With resi.ect to Violation (H)(1), insufficient instruction was given because of an inadequate understanding by cognizant personnel of the-l work to be performed. With respect to Violation ~ (H)(2), personnel had been instructed and trained but there were no formal procedures or lesson plans to support the training.
Further, there was no documentary evidence (e.g., test results) which could be used to -
ascertain whether or not an acceptable level of-comprehension had been attained. Work on formal procedures and lesson plans was i
already in process at the time of the October,1987 inspection.
i 3.
Interim training sessions have been conducted to inform pellet shop personnel regarding possible sources and levels of contamination.in the shop and actions to control contamination. - Pellet shop personnel:
have.been re-instructed on the proper use and interpretation of the l
information on the contamination control board.
New written l
instructions for contamination control have been developed and shop i
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Enclosure (1)
Page 18 of 20 personnel and supervisors have been trained in these instructions and the actions to be taken concerning shop contamination.
Upgraded written procedures for the preparation, implementation and close out of Radiation Work Permits are also being developed.
Health physics technicians, shop employees and staff personnel will be trained in the use of these procedures.
Interim training has been provided to users of breathing zone air sampling apparatus and personnel have been re-trained on donning / removing protective clothing and proper contamination frisking.
4.
The upgraded proce:h.res and retraining will provide a more comprehensive program aimed at the proper instruction, documentation and conduct of operations necessary to minimize exposure to radiation and radioactive materials and to Inform employees of the applicable provisions of the NRC regulations and license requirements. Further, the upgraded program will measure the level of employee comprehension through the use of appropriate testing.
Additional personnel have been brought in to prepare and upgrade the procedure and re-training program.
5.
The upgraded procedure and re-training program is expected to be completed by the fourth quarter of 1988.
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Enclosure (1)
Page 19 of 20
. VIOLATION I.
10 CFR 19.11(a) requires, in part, that each licensee post any notice of violation involving radiological working conditions, and any licensee response to the Notice.
Contrary to the above, as of October 23, 1987, neither the Notice of Violation'sent to the licensee on May 26, 1987, with NRC Inspection
. Report No. 70-1100/87-01, nor the licensee's response, dated June 17, 1987, to the Notice, had ever been posted.
RESPONSE
i 1.
Combustion Engineering admits the. violation.
2.
Combustion Engineering had, in good faith, misinterpreted the words "involving radiological working conditions" used in 10 CFR 19.11 as applying only to Notices of Violation referring directly to personnel, and therefore did not post the noted documents.
3.
The Notices of Violation and the respective responses to such violations noted above were posted in accordance with 10 CFR 19.11.
4.
Individuals responsible for posting of such notices have been made aware of the correct interpretation of 10 CFR 19.11.
5.
Combustion Engineering has completed its corrective actions with regard to this violation.
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Enclosure (1)
Page 20 of 20 VIOLATION J.
10 CFR 20.401(b) requires, in part, that each licensee ' maintain records showing the'results of surveys required by 10 CFR 20.201(b).
Contrary to the above, as of October 23, 1987, records of surveys for an incoming damaged fuel assembly on April 6,.1987, and of surveys to support the RWP which controlled the work on the fuel assembly on April 7,1987, were not maintained in accordance.with 10 CFR 20.401(b).
RESPONSE
1.
Combustion Engineering admits the violation.
2.
Insufficient documentation of survey findings resulted from a lack of detailed formal procedures for the recording and retention of survey results at the time the work was performed.
3.
Interim training has been provided in the proper completion and filing of survey related paperwork.
In addition, the health physics supervisor will, for the time being, review survey records for completeness and proper documentation of results.
4.
An overall health physics training program is now being developed.
Requirements for retention of survey results will be included in revised survey procedures. Once this effort is completed, health physics technicians will be fully apprised of, and have more detailed procedures pertaining to, the proper completion and filing of survey results.
5.
It is expected that the above action will be completed by the fourth quarter of 1988.
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