ML20199F235

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Notice of Violation from Insp on 981207-11.Violation Noted: Inspectors Observed Operations Involving Nuclear Matl Not Being Conducted IAW Approved Procedures
ML20199F235
Person / Time
Site: Westinghouse
Issue date: 12/31/1998
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20199F234 List:
References
70-1151-98-10, NUDOCS 9901210255
Download: ML20199F235 (3)


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NOTICE OF VIOLATION Westinghouse Electric Corporation Docket No. 70-1151 Commercial Nuclear Fuel Division License No. SNM-1107 During an NRC inspection conducted on December 7 through 11,1998, violations of NRC requirements were identified. In accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions," NUREG-1600, the violations are listed below:

A. Safety Condition No. S-1 of Special Nuclear Material License No.1107, requires that material be used in accordance with statements, representations, and conditions in the ,

License Application dated April 30,1995, and supplerrents thereto. l l

Section 3.4.1 of the License Application, requires that operations to assure safe, compliant activities involving nuclear mate ial will be conducted in accordance with approved procedures.

Section 6.1.1(c) of the License Application, indicates that storage postings are part of the facility procedures and are used to designate approved work and storage areas.

Contrary to the above, on December 8,1998, the inspectors observed operations involving nuclear material not being conducted in accordance with approved procedures in that uranium oxide sample containers were routinely stored on an engineered storage rack without being authorized by area operating procedures or nuclear criticality safety posting.

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

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8. Safety Condition No. S-1 of Special Nuclear Material License No.1107, requires that material be used in accordance with statements, representations, and conditions in the I License Application dated April 30,1995, and supplements thereto.

Section 3.4.1 of the License Application, requires that operations to assure safe, compliant activities involving nuclear maierial will be conducted in accordance with approved procedures.

l Chemical Operating Procedure (COP) 822522, requires, in part, that pellet sintering boats that will not pass through boat measuring gauges or cracked / broken boats be l identified and collected for repair.

Contrary to the above, on December 9,1998, the requirements of COP-822522 were not followed in that on three different occasions the inspectors observed cracked sintering boats being used for nuclear material processing.

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

l Enclosure 1 9901210255 981231 PDR ADOCK 07001151 C PDR

j NOV l 2 l C. 10 CFR 71.5(a) requires that a licensee who transports licensed material outside of the site of usage, as specified in the NRC license, or where transport is on public highways, l or who delivers licensed material to a carrier for transport, comply with the applicable '

requirements of the regulations appropriate to the mode of transport of the Department of Transportation (DOT) in 49 CFR 170 through 189.

49 CFR Part 173.475 (b) states that before each shipment of any Class 7 (radioactive) materials package, the offeror must ensure, by examination or appropriate tests, that the packaging is in unimpaired physical condition, expect for superficial marks.

Contrary to the above, on October 15,1998, the licensee (offeror) delivered to a carrier for transport a metal drum containing Class 7 (radioactive materials) with a hole on the surface of the drum. The hole was discovered upon receipt at the disposal facility on October 15,1998. .

This is a Severity Level IV violation (Supplement V).

Pursuant to the provisions of 10 CFR 2.201, Westinghouse Electric 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 11, 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 l when full compliance will be achieved. Your response may reference or include previous 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 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.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any persraal privacy, proprietary, or safeguards information so that it can be olaced in the PDR withcut redaction. If personal privacy or proprietary information is necessary to provide an acceptab'e response, then please provide a bracketed copy of your l

response that identifies the informa'. ion that should be protected and a redacted copy of your response that deletes such informt. tion. If you request withholding of such material, you must j specifically identify the portions of your response that you seek to have withheld, and provide in l detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion o' personal privacy or provide the information required by

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l 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial l information). If safeguards information is necessary to provide an acceptable response, please i provide the level of protection described in 10 CFR 73.21.

Dated at Atlanta, Georgia this 31" day of December,1998 l

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