ML20151N062

Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 70-0687/87-04

ML20151N062
Person / Time
Site:	07000687
Issue date:	04/16/1988
From:	Congel F NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Mcgovern J CINTICHEM, INC.
References
NUDOCS 8804250188
Download: ML20151N062 (2)

Text

, . .. .. - _ _ _ _ _

6 APR 16 1988 Docket No.70-687 Cintichem, Inc.

ATTN: Mr. James J. McGovern Plant Manager P. O. Box 816 Tuxedo, New York 10987 Gentlemen:

Subject:

Inspection 70-687/87-04 This refers to your letter dated December 21, 1987, in response to our letter dated November 25, 1987.

O Thank you for informing us of the corrective and preventive actions documented in youe letter. These actions will be examined during a future inspection of your licensed program.

With regard to Appendix A, Item E, we have reviewed your response and the additional information you provided and have determined that the violation is no longer valid. The violation is withdrawn. Our records will be changed to indicate this.

Your cooperation with us is appreciated.

Sincerely, 0:(:ine? Signed By:

H;;u.l'J R. Bellamy Frank J. Congel, Acting Division Director Division of Radiation Safety and Safeguards 0FFICIAL RECORD COPY RL CINTICHEM 87 0001.0.0 \\

88042501es 880416 *

[DR ADOCK 07000607 DCD f/ {Ua, j

q; '

(, Cintichem, Inc.- 2

-t cc:

W. G. Ruzicka, Manager, Nuclear Operations T. Vaughn, Manager, Health Safety and Environmental Affairs ,

Public Document Room (PDR)

Nuclear Safety Infonnation Center (NSIC)

State of New York ,

EPA Region II OSHA Region II State of New York, New York Department of Labor ,

bec:

Region I Docket Room (M th concurrences)

Management Assistant, DRMA A. T. Clark, NMSS R. J. Bares, DRSS G. Comfort, NHSS, G. Sjoblom, HMSS J. Roth, DRSS R. Bellamy, DRSS C. Amato, DRSS J. Prell, DRS, P. Madden, RII D. Sly NMSS  ;

R. R. Keimig DRSS t

l SS I S RI SS R R th/sh/pj :iak RBellamy FCongel 04/l/88 t 04/\t/88 l 04/[I/88 0FFICIAL RECORD COPY 04/\%/88 RL CINTICHEM 87 0002.0.0 04/12/88 l 1

i

=

l-

- - . - . - - , - , ,- , , ,,-m--. - - - ,-n,--,--n-- ,-- , , , ,, - , - -~,- ,-- . . ,,-,- . -, - , , ,- --

i_....__. -- .__ _2;

~. <

ClNTICHEM, INC.

u who9 owned subsdor y of Mecii-Physics, Inc. no sox sie. Tuxaco. NEW YORK 10G97 [914] 351-2131 December 21, 1987 U. S. Nuclear Regulatory Commission Region I Division of Radiation Safety and Safeguards 631 Park Avenue King of Prussia, PA 19406 Attention: Mr. Thomas T. Martin, Director

Subject:

NRO Letter, Docket 70-687, dated November 25, 1987 The adiezcaced letter transmitted inspection report 70-687/87/04, a con p.?enet: sin review of potential safety hazards. Appendix A to thit lettet described 5 apparent violations to regulatory requirements.

Although no hazardous conditions that could adversely impact upon the health and safety of the public or workers at the site were identified, the NRC expressed concerns about administrative controls not being effective to result in the 5 apparent violations. Cintichem is concerned about any condition that is found to be out of compliance with license or other regulatory requirements and we have taken or will take corrective measure to assure compliance. Our comments concerning the 5 apparent violations are presented as follows in the same order as they appear in the appendix to the referenced letter.

Violation A License Condition No. 9 of NRC License No. SNM-639 incorporates the license renewal application into the facility license. The NRC-approved license renewal application, in Section 2.7 dated June 6, 1984 states, in part, that all processes which involve greater than 15 gram of SNM which have pertinent criticality or radiation safety issues shall be covered by written procedures. All new procedures and procedural changes that modify the original intent of the procedure shall be reviewed by the Nuclear Safeguards Committee and approved by Level II management. New and revised procedures must be controlled in accordance with written administrative procedures.

Contrary to the above, as of May 22, 1987, a new procedure, detailing the proper use of raschig rings as a nuclear criticality safety poison for uranium solutions, was not written, reviewed by the Nuclear Safeguards Committee and approved by Level II Management. In addition, between November 4, 1986 and May 22, 1987, several procedures involving procecnes which use greater than 15 grams of SNM,

_ - - . _ . _ _ . _ - . . _ _ . _ - -__...J

e

, DOCKET 70-687 DECEMBER 21, 1987 PAGE 2 identified by the licensee, were not reviewed by the Nuclear Safeguards Committee or controlled in accordance with writter, administrative procedures.

This is a severity Level IV violat. ion (supplement VI.D) .

Cintichem Response A new precedure for !We use of raschig rings as a nuclear criticality poison for utenium solutions has been written and approved by Level II management.

The incorporation of the raschig ring use procedure into the Operations Procedures Manual is part of the last phase of a prrject to update the operating procedures that covers all hot 1&ooratory operations. As'the NRC stated, the deficiency with chese procedures was initially noted in an internal Cintichem audit report of hot laboratory operations dated January 5th, 1987. This audit report was reviewed by the NSC April 3, 1987, and remedial actions were initiated. The planned date for completion was year's end.

The remedial action has evolved into a three phased project namely, revise the AD section of the operations Proceduse Manual to expand the procedures categories to accommodate the new hot lab radiochemical procedures, update existil;g procedures and rearrange them into the new categories (some hot laboratory raciochemical operating procedures have been incorporated into the new Cintichem Radiation / General Safety Manual that was published this year), and finally to add procedures that have been 10 existence but not made a part of the formal procedures manual. This project is now scheduled to be completed by March 31, 1988.

Violation B License Condition No. 9 of NRC License No. SNM-6 39 incorporates the license renewal application into the facility license. The NRC-approved license renewal application, in Section 4.2.5 (1) (b) dated June 6, 1984 states, in part, that all SNM in excess of 100 grams must be contained in borosilicate containers that shall be packed with borosilicate glass raschig rings.

Contrary to the above, on May 22, 1987 the borosilicate glass containers used in the isotope processing hot cell, contained in excess of 100 grams of SNM and were not completely packed with borosilicate glass raschig rings. Each borosilicate glass container contained uranium bearing solution that was about one inch over the top of the borosilicate glass raschig rings.

This is a Severity Level IV violation (Supplement VI.D).

DOCKET 70-687 DECEMBER 21, 1987 PAGE 3 -

Cintichem Response -

The problem with the amount of raschig rings in storage containers stems from the interpretation of our license conditions 4.2.5 (1) (b) and 4.2.5 (1) (d) , and ANSI /ANS 8.5.

Our license conditions require that the storage container "be packed with borosilicate glass raschig rings" and that the '

"raschig-ring glass-to-container volume ratio shall be no less than 0.28". We had a procedure established whereby we had exceeded this ratio with a certain weight of raschig rings.

The literal requirement of the license conditions were satisfied.

1 It is interesting to review the development of this license condition. Our original license application included condition 4.2.5 (1) (d) as follows: "raschig-ring glass-to-solution volume ratio shall be---- ". According to our notes of the 1983-4 license renewal revisions, we were requested to '

change this to the current wording. Thus we may have placed undue emphasis on the vessel volume for establishing this ratio. A very significant mitigating circumstance regarding the conservative nature of our license conditions is that the -

raschig-ring criteria will assure suberiticality of a system of infinitely large volume whereas our storage system has finite limits on volume.

These facts notwithstanding, we agree that the level of the raschig rings in a storage container should equal or exceed -

that of the solution of fissionable material. Our procedures '

for filling storage containers was changed in June, 1987, -

immediately after our discussions with NRC during this '

inspection to assure that this condition is met.

Violation C License Condition No. 9 of NRC License No. SNM-639 incorporates the license renewal application into the facility license. The NRC-approved license renewal application, in Section 3.2.5.5 dated June 6, 1984 states that no loose combustibles are to be stored in the fan room.

l Contrary to the above, on May 19, 1987, loose combustibles consisting of wood ladders, a chair, rubber gloves, and plastic bagged contaminated items were stored in the exhaust fan room.

I t

6

-,,-,--,--,,,,n,.a .

r o .

DOCKET 70-687 DECEMBER 21, 1987 PAGE 4 Cintichem Response Corrective actions were taken immediately in May 1987 to remove the combustible storage in the exhaust fan room. This area will be kept clear of all loose combustible storage as required. Daily check list, RS-11, has been expanded to include a check to assure this condition is met during each daily inspection of plant areas.

Violation D License Condition No. 9 of NRC License No. SNM-639 incorporates the license renewal application into the facility license. The NRC-approved license renewal application, in Chapter 8.0 dated September 5, 1984, incorporates the Union Carbide (Cintichem) Nuclear Facility Emergency Plan into the facility license which requires, in part, in Section 10.5, that on a biennial basis, the Emergency Planning Coordi:utor will review and update the emergency plan, implementing procedures, and agreements with offsite support organizations.

On an annual basis, the Emergency Planning Coordinator will review the Emergency Roster and Telephone Listing and verify each individual's or organization's phone number. Any changes will be incorporated into the listing.

Contrary to the above; (a) The Emergency Planning coordinator did not review and update the emergency plan and implementing pro:edures biennially, since 1983.

(b) Agreements with offsite support groups were either not initiated or were not updated biennially since 1976, and (c) The Emergency Planning coordinator did not review the emergency roster and telephone listings and verify each individual's or organization's phone number annually since 1983.

l Cintichem Response:

Item (a)

The Emergency Plan'was submitted to the NRC in 1982 and since r then the plan has had two revisions. These revisions, which took place in 1983 and 1984, were major revisions, incorporating twenty-five pages of the plan. These revised pages were forwarded to the NRC. After 1984, the Emergency l Plan was in fact again reviewed on a biennial basis, but the documentation of this review was not generated. In the l

L - ..

i.

DOCKET 70-687 DECEMBER 21, 1987 PAGE 5 future, we will continue to review the plan, and update it as necessary, on a biennial basis and we will improve our documentation of this practice.

The implementing procedures are reviewed yearly by each

- potential Emergency Director. There are currently sixteen potential directors,, and their annual procedural review is documented and on file. The implementing procedures are also updated constantly with numerous changes made and documented each year. Some individual implementing procedures have been changed five times in one year as necessary. This is verifiable by our filed procudure change documents which are  ;

controlled by the AD Section of our Operations Manual. In the future, the Emergency Response Coordinator will also document his review of implementing procedures.

Item (b)

Cintichem is also in the process of updating and documenting our agreements with our offsite support groups. Oral conversations were performed in the past since 1976, but little documentation was available at the time of the inspection in May 1987. As required, Cintichem will update these agreements on a biennial basis and maintain documentation supporting such updates.

Item (c)

Cintichem has updated and documented the review of our emergency roster and telephone listings twice during the past six months, and several times since 1983. As required, Cintichem will continue to review and update these documents on an annual basis with the appropriate documentation.

Violation E ,

"10 CFR 70.22(1) states, in part, that emergency t plans shall contain the elements that are listed in Section' IV "Contents of Emergency Plans" of

Appendix E to Part 50 of this chepter. Appendix E,Section IV. E.9 requires that adequate provisions shall be made and described for emergency facilities and equipment, including at least one onsite and one offsite communications system; each system shall have a back-up power source. Contrary to the above,  ;

on May 2, 1987, there was only one communication system (commercial telephone) installed to handle i onsite-to-onsite, onsite-to-offsite and offsite-to-onsite communications and this communication system was not equipped with an onsite back-up power '

source."

. _ , -_ - =- _. . . _ _ _ - .._.

4 4

. DOCKET 70-687

! DECEMBER 21, 1987 PAGE 6 Cintichem Response Cintichem has again reviewed the above referenced Part 50, 1 Appendix E and wishes to point out that Appendix E in Section I also states:

"The potential radiological hazards to the public, associated with the operation of research and test reactors and fuel facilities licensed under 10 CFR Parts 50 and 70, involve considerations different than those associated with nuclear power reactors.

Consequently, the slee of Emergency Planning Zones (EPZs) for facilities other than power reactors and the degree to which compliance with the requirements of this Section and Sect. ions II, III, IV, and V as necessary will be determined on a case-by-case basis. Regulatory Guide 2.5 will be used as guidance for the acceptability of rasearch and test reactor y emergency response plans."

In September 1982, Cintichem subuitted to the NRC's NRR and NMSS Divisions a consolidated Emergenc;r Plan which met the emergency plan requirements of both Part 50 and Part 70. Specifically, our plan was written to meet the Part 50 requirementa of ANSI /ANS 15.16, Regulatory Guide 2.5, and NuReg 0849; and the Part 70 requirements of NuReg 0762 end NuReg 0810. NuReg 0849 and 0810 are "Standard Review Plano" written by the NRC to "provide definitive acceptance criteria to insure uniform reviews are made by different reviewers." Prior to this May 1987 inspection, both NMSS and NRR, using these guides, approved our Emergency Plan, including our Plan Section 8 "Emergency Facilities and Equipment Section." Specifically, NMSS has stated in Chapter 8, of our SNM639 License, that our approved "Emergency Plan incorporates the requirements of 10CFR70.22(1)" and NRR has stated in their 1984 Safety Evaluation Report that our plan "demonstrates that Cintichem has the capabilities to assess and respond to emergency events and that the plan provides assurance that the necessary emergency equipment is available."

The details of this issue are that NuReg 0849 states in Section 8.4c that an "alternate communication system (should bel available for use." NuReg 0810 states in Section 6.2 that a "back-up system (should bel available in case of a failure of the primary system." CintiChem's approved Emergency Plan includes a Section 8.2 titled Communication Systen.s. Tnis Section is listed in full below.

"On-site communications will be accomplished via site telephones, public address systems, radios, evacuation horns, and alarm and monitoring systems as described in the implementation procedures.

Typical telephone, public address microphones, and Building 1 and 2 evacuation button locations are

.L t

DOCKET 70-687 "

DECEMBER 21, 1987  !

PAGE 7 1 I noted in Section 11. "Off+ site communications with outside organizations shall be by telephone. This may be augmented by radio through the Tuxedo and '

State police. Communication systems operability is assured through constant use of the components. Any operation problems identified see corrected within a

!. short period."

As can be seen by our approved plan, Cintichem has numerous communication systems and does in fact have back up systems. We have back up systems to handle onsite-to-onsite, onsite-to-offsite, and offsite-to-onsite communications. Cintichem has two phone systems, one going through the central receptionist

switchboard and the other going direct to the Control Room. .

4 Cintichem also has a site wide public addresa system and has '

onsite-to-onsite, and onsite-to-offsite, and offsite-to-onsite i

radio systems. Segments of this radio systen are portable and are not linked to commercial or Cintichem emergency power. These '

systems are discussed in our approved plen.  !

In summary, Cintichem believes that after the NRC has had time to review this issue, they will agree with us,. that we do have back-up communication systems and that this "apparent" vjolation will ,

4 be dismissed. It is apparent that in previous NRR and NMSS l reviews our plan has met the communication requirements of -

NuReg 0849 and 0810 and that this is why previous NRC approval of ,

4 the plan was granted. Cintichem appreciates the NRC's efforts to i

be definitive and issue clean concise acceptance criteria as per

their Standard Review Guides NuReg 0849 and 0319. We hope that -

these guides will be used as intended, that is to enforce uniform reviews of our plan acknowledging the "case-by-case" review  ;

clause noted in Appendix E.  !

In summary, Cintichem agrees that Hot Laboratory Radiochemical and Operations Procedures were in need of updating and incorporation into the formal procedures control program. We had identified this need in early 19 87, we initiated a corrective program, and we plan to have this revision project completed by I

the end of the first quarter of 1988. Much of this work has l

already been accomplished. We believe that the aschig-ring '

content of our small storage vessels in the hot cells was in j compliance literally with license conditions, however, changes in

practice were necessary to meet their intent as well as the l intent of the regulatory guide. Practices were changed with NRC.

~

expeditiously after discussions We agree with the observations of the combustible items in the fan room. They were removed immediately at the time they were found, and preventative

! measures to preclude future inf tactions of this kind have been  !

instituted.

l 4  !

a

e t

DOCKET 70-687 DECEMBER 21, 1987 PAGE 8 We don't entirely agree with the NRC's statement about biennial ,

reviews and updates of the Emergency Plan and implementing .

procedures in that the plan was reviewed and revised in 1983 and 1984, and implementing procedures have been reviewed and updated yearly. Cintichem agrees that there was a lack of documentation of our agreements with offsite support groups, however, we did have verbal commitments from them for cooperation and assistance if it were needed. On several past occasions when we required medical attention for our employees with minor injuries suffered in the controlled areas of our f acilities, these support groups responded without question or hesitation. Cintichem does not agree with the apparent violation stated about emergency response <

communication systems for those reasons expressed in our response to this allegation.

We believe that, if time allowed for continued discussions on

• these subjects, they may have been reconciled prior to the issue of this report. Cintichem has taken steps to correct those non-compliance items as described above. We would like to discuss ,

and reconcile those we have questioned.

We have reviewed the remainder of the c !ety review report which included observations and recommendations with regard to the overall industrial safety and radiation safety program at the site. We have not had enough time to respond to each one as of I,

this writing. We have addressed several of the recommendations that seemed of higher priority based on discussions at the exit interview. The most important recommendation about segregation of the gasoline fueled emergency generator from the electrical switchgear has been our first priority. We have completed our study and we have decided to replace the existing generator with a diesel fueled unit, and to relocate it outside of the i switchgear room. The replacement generator has been ordered and delivery is expected in early 1988. Installation will be i scheduled during the first half of 1988, our response to the remaining recommendations will be sent by March 31, 1988.

i Sincerely,

,[c. m n< i

. J. McGovern Plant Manager JJMcG/bjc i +

f 1

'