ML20203E111

Notice of Violation from Insp on 980212-16.Violation Noted: as of 980116,two Identified Controls Designed to Meet Requirements,As Listed,Are Dual Independent Sampling of Fissile Matl Content of Solution

ML20203E111
Person / Time
Site:	07000036
Issue date:	02/12/1998
From:	NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20203E103	List: ML20203E099 ML20203E111 ML20203E117
References
70-0036-98-201, 70-36-98-201, NUDOCS 9802260265
Download: ML20203E111 (2)

Text

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NOTICE OF VIOLATION l; i

ABB Combustion Engineering Docket No. 70-36 Hematite, MO License No. SNM 33 During an NRC inspection conducted January 12 16,1998, a violation of NRC requirements was identified, in accordance with the " General Statement of Policy and Procedures for NRC Enforcement Actions,' NUREG 1600, the violation is listed below:

License Section 4.2.4 states, in part, that

• Fissile aqueous solution transfers from safe to unsafe geometry vessels in the wet recovery system shall have at least two independent methods for control of the fissile content of the solution prior to release of the solution to  :

the unsafe geometry vessel."

Procedure RAAP 108,

• Nuclear Criticality Evaluation," Section 6.5.4, states that "A <

comparison is made of the barrier (s) assoc,ated with each contingency to every other  ;

barrier / contingency for the location, thereby revealing the potential for common mode failure. This ensures that the ' independent' requirement of the double contingency principle is met."

Contrary to the above, as of January 16,1998, the two identified controls designed to meet the requirements above are dual independent sampling of the fissile material content of the solution. Independence of the dual sampling controls could not be demonstrated in that the possibility of common mode failure had not been evaluated.

This is a Severity Level IV Violation.

Pursuant to the provisions of 10 CFR 2.201, ABB-Comoustion Engineering, Inc., 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 Director, Division of Fuel Cycle Safety and Safeguards and the Regional Administrator, Region lil, 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; (2) the corrective steps that have been taken and the

. results achieved; (3) the corrective steps which will be taken to avoid future violations; and (4) the date 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 a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked or why such other actions as may be proper should not be taken.

Consideration may be given to extending the response time for good cause shown. '

Enclosure 1

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9902260265 980212 PDR ADOCK 07000036 C PDR

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2-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 POR without redaction. However, if you find it necessary to include such information, you should clearly indicate the specific information that you desire not to bo placed in the PDR, and provide the legal basis to support your request for withholding the information from the public.

1 Dated at Rockville, MD this lAhday of Feb 1998 I