ML20155B529

Notice of Violation from Insp on 980831-0904.Violation Noted:Certificatee Failed to Conduct Operations in Accordance with Statements & Representations Contained in Compliance Plan as Listed

ML20155B529
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant
Issue date:	10/23/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20155B516	List: ML20155B510 ML20155B529 ML20155B538
References
70-7002-98-14, NUDOCS 9810300167
Download: ML20155B529 (4)

Text

i 1 e l NOTICE OF VIOLATION United States Enrichment Corporation Docket No. 70-7002 Portsmouth Gaseous Diffusion Plant Certificate No. GDP-2 During an NRC inspection conducted from August 31 through September 4,1998, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, Revision 1, the violations are listed below:

1. Condition 8 of the Certificate of Compliance requires, in part, that the certificatee shall J conduct its operations in accordance with the statements and representations contained in the Compliance Plan.

a. Issue 8 of the Compliance Plan requires, in part, that all existing and new nuclear l criticality safety operations shall be documented in and implemented by i approved nuclear criticality safety evaluations and approvals by November 30, 1 1996.

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b. Issue 9 of tne Compliance Plan requires, in part, the plant staff to review all nuclear criticality safety approvals in order to identify and track the designated nuclear criticality safety conditions, specifications, and controls and to verify full implementation of the same into plant procedures and postings by March 3, 1997,

c. Issue 23 of the Compliance Plan requires, in part, the obni staff to review all nuclear criticality safety documents in order to identity, track, and control those structures, systems, and components relied upon for nuclear criticality safety by March 3,1997.

d. Issue 7 of the Compliance Plan requires, in part, that documentation shall be on file to justify the downgrade of any High Efficiency Particulate Air (HEPA)'iiter systems by June 30,1997.

e. Issue 18 of the Compliance Plan requires, in part, that building emergency packets shall be updated to reflect current facility configurations and conditions including: 1) general building / area layout drawings or sketches; 2) critical action, equipment, or material listing; 3) facility / area utility services; 4) facility emergency systems and equipment; and,5) lists of hazardous, toxic, and/or radioactive materials, including compressed gases, by October 1,1996.

f. Issue 27 of the Compliance Plan requires, in part, that an organizational level assessment program will be implemented consisting of the preparation and implementation of a procedure for the performance of organizationallevel assessments in a uniform manner by September 30,1996.

g. Issue 42 of the Compliance Plan requires, in part, that testing of process gas leak detectors shall be conducted using the revised method developed in l accordance with Issue 42 by July 31,1997.

1 9810300167 981023 PDR ADOCK 07007002 C PDR

Notice of Violation Contrary to the above, the certificatee failed to conduct its operations in accordance with the statements and representations contained in the Compliance Plan as demonstrated by the following examples:

a. As of November 1996, the certificatee did not ensure that all nuclear criticality safety operations were documented in and implemented by approved nuclear criticality safety evaluations and approvals as required by Compliance Plan Issue 8. Specifically, the certificatee, in part, did not ensure that 140 of 180 nuclear criticality safety evaluations and approvals received a plant change review; did not ensure that 15 of 140 evaluations and approvals received Plant Operations Review Committee approval, and did not ensure that 5 of 140 evaluations and approvals received a field review or walkdown. (VIO 70-7002/98014-01a)

b. As of March 3,1997, the certificatee did not ensure that all plant procedures and postings fully implemented all of the conditions, specifications, and controls included in applicable nuclear criticality safety approvals as required by Compliance Plan issue 9. Specifically, the certificatee, in part, did not ensure that the procedures and postings for five operations in Building X-705, halted prior to November 30,1996, in order to ensure compliance with Compliance Plan issue 9, and restarted between April and August 1997, fully implemented all of the conditions, specifications, and controls for the applicable evaluations and approvals. (VIO 70-7002/98014-01b)

c. As of March 3,1997, the certificatee did not ensure that all structures, systems, and components relied upon for nuclear criticality safety were identified, tracked, and controlled as required by Compliance Plan issue 23. Specifically, the certificatee, in part, did not identify and control structures, systems, and components associated with the microfiltration system (blank flanges, and air line valves), unfavorable geometry containers (container lids), and the product withdrawal assay machines in the configuration management program that were relied on for nuclear criticality safety. (VIO 70 7002/98014-01c)

d. As of June 30,1997, the certificatee did not document and place on file justifications for the downgrade of HEPA filter systems as required by Compliance Plan Issue 7. Specifically, the certificatee, in part, did not document and place on file evaluations for each of the four criteria developed by the HEPA System Team and the As-Low-As-Reasonably-Achievable (ALARA) Committee and specified as the benchmark for a decision to downgrade a system prior to downgrading the systems. (VIO 70-7002/98014-01d)

e. As of October 1,1996, the certificatee did not update all of the building and area emergency packets to include the information required by Compliance issue 18.

Specifically, the certificatee, in part, did not update all of the emergency packets to include the information specified in items Number 1 through 5 of Compliance Plan Issue 18. (VIO 70-7002/98014-01e)

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Notice of Violation f. As of September 30,1996, the procedure developed and authorized by the certificatee to implement an organizational level self-assessment program, I Procedure XP2-HR-HR-1031, " Organization Self-Assessment Program," did not I specify criteria or provided guidance to ensure the development and implementation of an assessment program in a uniform manner. (VIO 70-7002/98014-01f)

g. As of September 4,1998, the certificatee had not conducted testing, including Technical Safety Requirement-related testing, of all process gas leak detectors, in service or placed in service, since July 31,1997, using the new methodology developed in accordance with Compliance Plan issue 42. (VIO 70-7002/98014-01g) l This is a Severity Level IV violation (Supplement VI). (VIO 70-7002/98014-01) l

2. Title 10 of the Code of Federal Regulations, Part 76.9 requires, in part, that information l provided to the Commission must be complete and accurate in all material respects.

Contrary to the above, the certificatee in the December 1997, March 1998, and July 1998 Compliance Plan Quarterly Status Reports provided the Commission with incomplete and inaccurate information regarding the completion status of corrective actions required by the Compliance Plan for issues 8,9,18,23,27, and 42.

This is a Severity Level IV violation (Supplement Vil). (VIO 70-7002/98014-02)

Pursuant to the provisions of 10 CFR 76.60, United States Enrichment Corporation is hereby required to submit a written statement or explanation to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region lil, and a copy to the NRC Resident inspector at the Portsmouth Gaseous Diffusion Plant of this Notice, within 30 days of the date of the letter transmitting this Notice of Violation (Notice). This reply should be clearly marked as a " Reply to a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time If you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, D.C. 20555-0001.

i e Notice of Violation Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information, if you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will l create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 23rd day of October 1998 I

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