ML20149K900

Discusses Insp Rept 70-1151/97-203 on 970505-07 & Forwards Notice of Violation.Violation Involved Failure to Implement Proper Notification Procedures of 961016 Event to NRC

ML20149K900
Person / Time
Site:	Westinghouse
Issue date:	07/28/1997
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Fici J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
Shared Package
ML20149K901	List: ML20149K900 ML20149K912
References
70-1151-97-203, EA-97-244, NUDOCS 9707300238
Download: ML20149K900 (3)

Text

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pn teouq y k UNITED STATES

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NUCLEAR REGULATORY COMMISSION WASHINCToN, D.C. 20656-0001

. 8 July 28, 1997

. . . . . ,o f

EA 97-244 Westinghouse E ectric Corporation l Commercial Nuclear Fuel Division ATTN: Mr. J. A. Fici, Division General Manager Energy Center l P.O. Box 355 Pittsburgh, PA 15230-6600

SUBJECT:

MOTICE OF VIOLATION (NRC SPECIAL INSPECTION REPORT NO. 70-1151/97-203)

Dear Mr. Fici:

l This refers to the inspection conducted on May 5 - 7,1997, at the Westinghouse l Commercial Nuclear Fuel Division facility in Columbia, South Carolina. The inspection was i conducted to review the circumstances that led to the reported event on April 15,1997, )

involving two low-enriched fuel rods that could not be located. On May 27,1997, the i NRC conducted a re-exit briefing via telephone with members of your staff, and on June 25,1997, issued the inspection report detailing'our findings. A predecisional i enforcement conference was held with you and members of your staff on July 9,1397, to I discuss the apparent violations, their root causes, and your corrective action.  !

Based on the information developed during the inspection, and the information that you provided during the conference, the NRC has determined that five violations of NRC requirements occurred. These violations are cited in the enclosed Notice of Violation (Notice) and the circumstances surrounding them are described in detail in the subject inspection report. Specifically, the v;oistions involved Westinghouse's failure to:

(1) implement proper notification procedures of the event to the NRC; (2) provide adequate training for certain employees that handled Special Nucicar Material (SNM); (3) provide adequate procedures for handling and testing of lead-filled rods; (4) comply with numerous Department of Transportation (DOT) requirements; and (5) adequately implement Westinghouse's Material Control and Accounting (MC&A) program.

The NRC is particularly concerned that your staff had prior opportunities to identify the unaccounted for fuel roda. Specifically, on October 16,1996, the "7-day report" included r /

the two fuel rods in question, but was not acted upon by the responsible Material Service h Attendant (MSA). In addition, from October 16,1996, to March 20,1997, the MSA team b manager neither required that the location of the fuel rods be determined, in accordance with the "7-day report" requirements, nor reported the status of the fuel rods to the safeguards coordinator, as required by your procedures.

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9707300238 970728 PDR C

ADOCK 07001151 PDR

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Westinghouse, Electric Corporation The NRC recognizes that the actual or potential safety consequences were minimalin this case. However, the violations in the enclosed Notice are of significant regulatory concern because, collectively, they are indicative of inadequate management attention toward licensed activities. The lack of management oversight is evidenced by the fact that Westinghouse employees and management did not have a high level of sensitivity to item control and accounting. Given the loss of control of the two unirradiated fuel rods, the number of violations that are related to this sing!e event, and the number of prior opportunities that could have identified the event progression sooner, the violations have been classified in the aggregate in accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions" (Enforcement Policy), NUREG-1600 as a Severity Level 111 problem.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $12,500 is considered for a Severity Level ill problem. Because your facility has not been the subject of escalated enforcement actions 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 VI.B.2 of the Enforcement Policy. In this case, the NRC has determined that credit is warranted for your prompt and comprehensive corrective action.

Specifically, your corrective action that you discussed during the July 9,1997 conference included: (1) stopping shipments of all replica fuel assemblies and non-product fuel rods; (2) holding a management meeting to emphasize the importance of item control and to ensure that all managers understood NRC requirements; (3) providing immediate training to personnel involved in the event; (4) establishing a new procedure for manufacture and movement of replica fuel rods; (5) developing a plan to provide an improved method to ensure a timely final accounting of all fuel rods when a region of fuel has been completed; and (6) instilling a high level of sensitivity to item control and accounting. Of particular note is the seriousness with which you viewed this event as demonstrated by your plans to shut down the facility, if the fuel rods had not been found by April 18,1997.

Therefore, to encourage prompt and comprehensive correction of violations, and in recognition of the absence of previous escalated enforcement action, I have been authorized, after consultation with the Director, Office of Enforcement, not to propose a civil penalty in this case. However, significant violations in the future could result in a civil ponalty. You should note that issuance of this Severity Level 111 violation constitutes escalated enfo'rcement action that may subject you to increased inspection effort.

You are required to respond to this letter and should follow the instructions specified in the enclosed Notice when preparing your response. In addition, given that the violations occurred during a non-routine operation, the NRC is concerned that similar problems may occur in other non-routine activities. Therefore, as part of your response, please provide any corrective actions taken or planned to prevent recurrence of similar violations in other q non-routine activities. The NRC will use your response, in part, to determine whether further enforcement action is necessary to ensure compliance with regulatory requirements.

i

j i

. l

. e Westinghouse Electric Corporation I

J In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure, and your response will be placed in the NRC Public Document Room.

i Sincerely, Original signed by Elizabeth O. Ten Eyck, Director Division of Fuel Cycle Safety And Safeguards, NMSS l

Docket No. 70-1151 l License No. SNM-1107 i

Enclosure:

Notice of Violation i

f i

j Distribution: ,

Docket File 70-1201 PDR SECY CA LJCallan, EDO HThompson, DEDR EJordan, DEDO LReyes, Ril JLieberman, OE

Case file CPaperiello, NMSS EWBrach, FCSS  !

FDavis, OGC CHughey, Ril EMcAlpine, Ril l BMallet, RilB Uryc, Rll MWeber, FCLB

, MLamastra, FCLB VBeaston, OE EA File, OE j EEaston, SFPO NMSS R/F FCOB R/F l FCSS R/F HBell, OlG DWhaley, FCOB  ;

Enforcement Coordinators WSchwink, FCOB GCaputo, 01 RI, Rlli, RIV l

CBassett, Ril '

i I l Doc. Name: G:\97203NOV.NM OFFICE IMNS v A C FCOB C FCjiiS) FCSSh l pa v NAME NMamish/ PTing f Wdrdph ETenEyck DATE ;z /w/97 h/97 -

7h97 1/M7 C = COVER E = COVEll & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY l