ML20196A554

Discusses Portsmouth & Paducah Gaseous Diffusion Plants Criteria for Identifying Deficient Closure of & Reopening of Compliance Plan,In Response to

ML20196A554
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	11/25/1998
From:	Brach E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Toelle S UNITED STATES ENRICHMENT CORP. (USEC)
References
TAC-L32104, NUDOCS 9811300047
Download: ML20196A554 (5)

Text

f500/ Q a p y~ t ONITED STATES g j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666 0001 o

0 g+ November 25, 1998 Mr. Steven A. Toelle.

Nuclear Regulatory Assurance and Policy Manager U. S. Enrichment Corporation 2 Democracy Center 6903 Rockledge Drive Bethesda, MD 20817

SUBJECT:

PORTSMOUTH AND PADUCAH GASEOUS DIFFUSION PLANTS - CRITERIA FOR l lDENTIFYING DEFICIENT CLOSURE OF AND REOPENING OF COMPLIANCE PLAN i ISSUES (TAC NO. L32104) I

Dear Mr. Toelle:

j This refers to your letter dated November 5,1998, in which you proposed criteria for determining whetner the completion of an action prescribed in the Portsmouth or Paducah Compliance Plan (CP) was deficient and warrants further action and for reopening improperly completed CP issues. These~ are in addition to actions USEC has been taking to respond to non-compliances in accordance with existing NRC requirements and guidance. According to your letter, completion of a CP action will be considered deficient if (1) evidence does not demonstrate that the issue or action was completed by the required completion date or was never completed and (2) if Problem Reports, Assessment and Tracking Reports, or other indicators indicate that deficiencies (other than minor isolated deficiencies) exist in the completeness of the CP actions. In your letter, you also state that the CP issues determined to be inadequately completed, will not be reopened unless (1) the time to complete any corrective actions will exceed nine months from the date of the evaluation, (2) the CP action is related to a O or AQ-NCS structure, system or component, and (3) the non-compliant condition addressed by the deficient action has not been corrected.

The NRC staff has considered the proposed criteria and recommends that they be revised as follows:

1. Completion of a CP issue will be considered deficient by USEC, if as a result of its self- 6 assessments at Portsmouth and Paducah, documented evidence does not demonstrate adequate completion of the CP action by the required completion date. In addition, CP action completions will be considered deficient by USEC, if Problem Reports, y Assessment and Tracking Reports, or other indicators, indicate that deficiencies exist in gg )

the completeness of actions stated in the CP Plan of Action and Schedule.

2. Deficient CP issues will be reopened through a certificate amendment request (CAR) if (a) the deficiency has not already been corrected, (b) the time to complete any necessary corrective actions to resolve the deficiency will exceed three months from the date of CP lssue closure deficiency identification, and (c) if the deficient CP action is determined to be significant in terms of worker /public safety or safeguards or involves O. AQ-NCS, or AQ systems, processes or programs.

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Mr. Steven A. Toelle, USEC 2 1

The differences between the NRC-suggested criteria listed under item 1 above and the corresponding USEC-proposed criteria are that the NRC-suggested criteria require existence of

" documented" completion evidence for determining deficient completions of CP actions, and eliminates the phrase "other than minor isolated deficiencies" which is contained in parentheses in USEC's proposal. The NRC-suggested criteria for reopening CP issues listed under item 2 above are different from the corresponding USEC-proposed criteria in that they require those deficiently completed CP issues that are significant in terms of worker /public safety or safeguards or that involve O, AQ-NCS or AO systems, processes and programs (as opposed to those related to only O and AQ-NCS items) to be reopened by way of a CAR if the corrective actions to resolve the deficiency would exceed three months (as opposed to nine months).

Based on the criteria recommended by NRC and information made available to the NRC to date, NRC staff has identified the following candidate issues for reopening by a CAR: CP lssue 8," Nuclear Criticality Safety Approval Documents," CP issue 9, " Nuclear Criticality Safety  ;

Approval implementation," CP lssue 18, " Emergency Packets," the portion of CP lssue 23,

" Plant Changes and Configuration Management" that involves AQ-NCS items, and CP issue 42," Process Gas Leak Detection." At the same time, the NRC staff anticipates USEC will l continue implementing any related corrective actions that may have been instituted to address non-compliances with NRC requirements.

Once a CP action is determined to be deficient, in addition to the verbal notification to the NRC Resident inspector, which you committed to in the November 5,1998 letter, formal notification to the NRC should also be made by way of routine CP status updates such as in the semiannual CP status reports and in the status summary provided at the periodic USEC/NRC management meetings. Also, as soon as a CP action completion is determined to be deficient, the CP Justification for Continued Operation, including any interim measures, associated with the action would be required to go into effect. Additionally, if it is determined that a CP issue is required to be reopened by way of a CAR to revise the affected CP Plan of Action and )

Schedule, the NRC staff expects USEC to determine whether there is a need to submit a request for a Notice of Enforcement Discretion to continue operation until the NRC issues its final decision on the CAR.

Other than the above noted comments, the NRC staff finds all other proposals contained in USEC's November 5,1998, letter to be acceptable. If you have any questions regarding this matter, please contact Yawar Faraz at (301) 415-8113 or Melanie Galloway at (301) 415-7266.

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Mr. Steven A. Toelle, USEC 3 Please r'eference the above TAC No. in future correspondence related to this subject. The NRC staff requests that you provide a written response to this letter within two weeks of the date of this letter, including those items you have identified for reopening and provision of your schedule for submittal of the associated CARS.

Sincerely, OrigkWl3 M %

E. William Brach, Acting Director Division of Fuel Safety and Safeguards, NMSS Dockets 70-7001 and 70-7002 Certificates GDP-1 and GDP-2 cc: Mr. Randall DeVault, DOE-OR Mr. Morris Brown, PORTS Mr. Howard Pulley, PGDP t

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DISTRIBUTION: (Control No. 440S) .

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j. DATE 11/24/98 11/20/98 11/20/98 11/ [ /98 110k/98 11/20/98 til2*//98 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY j,

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Mr. Steven A. Toelle 3 Other th the above noted comments, the NRC staff finds all other proposals contained in USEC's No nber 5,1998, letter to be acceptable. If you have any questions regarding this matter, p; ease tact Yawar Faraz at (301) 415-8113 or Melanie Galloway at (301) 415-7266.

Please reference t above TAC No. in future correspondence related to this subject. Tne NRC staff requests that you vide a written response to this letter within two weeks of the date of this letter, including those item ou have identified for reopening and provision of your schedule for submittal of the associated C Sincerely, Elizab O. Ten Eyck, Director Division o qel Safety and Safeguar s, NMSS Dockets 70-7001 and 70-7002 Certificates GDP-1 and GDP-2 cc: Mr. Randall DeVault, DOE-OR Mr. Morris Brown, PORTS Mr. Howard Pulley, PGDP I

DISTRIBUTION: (Control No. 440s)

Dockets 70-700170-7002 NRC File Center PUBLIC KO' Brion, Rlli CCox Kwinsberg. OGC NMss r/f FCss r/l WTroskoski, FCOB sPB r/1 JJacobsen, Rill DHartland, Rill NMamish, OE YChen A:\CPCRl1.YHF.wpd *see previous concurrence OFC sPB b *sPB *sPB Alli b sPB b *sPB FCss NAME YFaraz: oHoadley MHom p idSlekdy RPierson ETenEyck DATE 11/dL//98 11/20/98 11/20/98 iffl9 /98 11/M/98 11/20/98 11/ /98 C = COVER E = COVER & ENCLOSUPE N = NO COPY OFFICIAL RECORD COPY

Mr. S ven A. Toelle 3 i

If you have a questions regarding this matter, please contact Yawar Faraz at (301) 415-8113 or Melanie Gallo at (301) 415-7266. Please reference the above TAC No, in future correspondence lated to this subject. The NRC staff requests that you provide a written response to this le t r within seven days of the date of this letter.

l Sincerely, Elizabeth O. Ten Eyck, Director Division of Fuel Safety and Safeguards, NMSS l

Dockets 70-7001 and 70-7002 Certificates GDP-1 and GDP-2 l

cc: Mr. Randall DeVault, DOE-OR l Mr. Morris Brown, PORTS l Mr. Howard Pulley, PGDP l

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DISTRIBUTION: (Control No. 440s)

Dockets 70-700170-7002 NRC File Center PUBLIC KO'Brien, Rill CCox KWinsberg. OGC NMSs r/f FCssrM wTroskoski. FCOB sPB r/l JJacobsen, Rlli DHartland, Rlli NMamish, OE YChen A\CPCRI.YHF *see previous concurrence OFC sPB C *sPB *sPB Rtll *sPB sPil C FCss NAME YFaraz:ijN DHoadley MHom MGalloway $f ETenEyck 1

DATE 11/,10/98 11/20/98 11/20/98 til /98 11/20/98 11/D 11/ /98

] C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY

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._ . _ . _ . .- - - .. _._m._ . _ - . . . . _ . _ _ . . - _ _ _ . _ . - _ _ _ _ _ _ _ _ _ _ _ _ . _ __ ,

- Mr. Stet A. Toelle 3 If you have any q stions regarding this matter, please contact Yawar Faraz at (301) 415-8113 or Melanie Galloway a 01) 415-7266. Please reference the above TAC No. in future i correspondence relat o this subject. The NRC staff requests that you provide a written response to this letter wi in seven days of the date of this letter.

Sincerely, Elizabeth O. Ten Eyck, Director Division of Fuel Safety  !

and Safeguards, NMSS l Dockets 70-7001 and 70-7002 l Certificates GDP-1 and GDP-2  !

cc: Mr. Randall DeVault, DOE-OR

' Mr. Morris Brown, PORTS  !

o Mr. Howard Pulley, PGDP j i

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l DISTRIBUTION: (Control No. 440s)

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