ML20203D497

Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000.Violation Noted:Certificatee Permitted Individuals to Have Access to Matter Revealing Confidential Restricted Data W/O Having Authorization

ML20203D497
Person / Time
Site:	Paducah Gaseous Diffusion Plant
Issue date:	12/08/1997
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20203D475	List: ML20203D472 ML20203D497
References
EA-97-431, NUDOCS 9712160213
Download: ML20203D497 (3)

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY United States Enrichment Corporation Docket No. 70 7001 Paducah Gaseous Diffusion Plant Certificate No. GDP 1 Paducah, Kentucky EA 97-431 During an NRC inspection conducted from July 15 to September 12,1997, a violation of NRC requirements was identified. In accordance with the

• General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG 1600, the NRC proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth velow:

10 CFR 76.60(l) requi es, in part, that the Corporation (certificatee) shall comply with the nrovisions of 10 CFR Par 195.

10 CFR 95.35(a) requires, in part, that no person subject to the regulations in this part may receive or may permit any individual to have access to matter revealing Confidential Restricted Data unless the individual has a "Q" or "L" access authorization.

Contrary to the above, the certificatee, a person subject to the regulations in 10 CFR Part 95, permitted individuals who did not have either a "Q" or "L" access authorization to have access to matter revealing Confidential Restricted Data, as evidenced by the following examples:

a.

On August 13,1997, a drawing containing Confidential Restricted Data was identified in the engineering department, a location within the controlled access (fenced) area of the facility, which was not controlled to preclude access to individuals without either "Q" or "L" access authorization. The department was accessible to and routinely occupied by individuals who did not have either *Q" or "L" access authorization, b.

07 August 13,1997, drawings containing Confidential Restricted Data were identified in a traiser located outside the controlled access (fenced) area of the facility which were not controlled. The trailer was accessible to and routinely occupied by individuals who did not have either "Q" or "L" access authorization.

c.

On August 14,1997, a videotape containing Confidential Restricted Data was identified in a trailer located outside the controlled access (fenced) area of the facility which was not controlled. The trailer was accessible to and routinely occupied by individuals who did not have either "Q" or "L" access authorization.

d, On September 11,1997, drawings containing Confidential Restricted Data were identified in a location outside the cont olled access (fenced) area of the facility which were not controlled. The drawings were in the possession of an individual without either a "Q" or "L" access authorization 9712160213 971'208 PDR ADOCK 07007001 C

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Notice of Violation and Proposed 2-Imposition of Civil Penalty e.

On September 17,1997, a procedure containing Confidential Restricted Data was identified in a location outside the controlled access (fenced) area of the facility which was not controlled. The pecedure was in the possession of an Individual without either a *Q" or *L" access authorization.

This is a Severity Level ill violation (Supplement Ill).

Civil Penalty - $55,000.

Pursuant to the provisions of 10 CFR 76.70, the United States Enrichment Corporation (Certificatee)is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be cleariy marked as a " Reply to a Notice of Violation" and should include for each alleged violation: (1) admiss'on or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved. 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 why the Certificate of Compliance should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 162 of the Act,42 U.S.C.

2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 10 CFR 76.70, the Certificatee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties if more than one civil penalty is proposed, or may protest imposition of the civil penalty in whole or in part, by a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. Should the Certificatee fall to answer within the time specified, an order imposing the civil penalty will be issued.

Should the Certificatee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may; (1) deny the violation listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed, in addition to protesting the civil penalty in whole or in part, such answer may request remission or mitigation of the penalty.

In requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 76.70, but may incorporate parts of the 10 CFR 76.70 reply by specific reference (e.g.,

citing page and paragraph numbers) to avoid repetition. The attention of the Certificatee is

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j Notice of Violation and Proposed imposition of Civil Penalty I

directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil -

penalty.

Upon failure to pay any civil per.alty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attomey General, and the penalty, unless compromised, rertitled, or mitigated, may be collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to: James Lieberman, Director, Office of Enforcement U.S. Nuclear Regulatory Commission, One White Flint North,11555 Rockville Pike, Rockville, MD 20852 2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region ill,801 Warrenville Road, Lisle, Illinois 60532.

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 PC R 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 create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2/t 90(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, Dated at Lisle, Illinois this 8th day of December 1997

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