ML20205T694

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Responds to NRC Re Violations Noted in Insp of License SNM-1067.Corrective Action:Trash Compactor Operation Established as Activity Governed by Radiation Work Permits & Personnel Required to Wear Lapel Air Sampler.Fee Paid
ML20205T694
Person / Time
Site: 07001100
Issue date: 11/04/1988
From: Mcgill P
ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
To: Lieberman J
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), NRC OFFICE OF ENFORCEMENT (OE)
References
EA-88-193, NUDOCS 8811140352
Download: ML20205T694 (14)


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SOMBUSTION ENGINEERING November 4, 1988 Docket 70-1100 License SNM-1067 EA 88-193 Mr. James Lieberman, Director Office of Enforcement Attn: Document Control Desk U. S. Nuclear Regulatory Commission Washington, D. C. 20535

Subject:

Reply to a Notice of Violation Refer nce:

Letter, U. S. Nuclear Regulatory Commission (W. T. Russell) to Combustion Engineering, Inc.,

Dated October 7, 1988

Dear Mr. Lieberman:

Combustion Engineering, Inc. has reviewed the Notice of Violation and Proposed imposition of Civil Penalty received with the reference letter.

This letter provides Combustion Engineering's reply.

Since we have determined not to protest the proposed civil penalty, our check (No. 208947) in the amount of Twelve Thousand Five Hundred Dollars ($12,500) made payable to the Treasurer of the United States is enclosed.

If you have any questio..., please do not hesitate to call on me.

Very truly yours, COMBUSTION ENGINEERING, INC.

y P. L.'McGil1~

Vice President I

Nuclear Fuel i;

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Enclosures:

As Stated j pt cc: W. T. Russell, U. S. NRC, Region 1 i

Power Systems 1000 Provect H u Rmd (2o3) (SS 1911 Combucon Engneenng %c Post O~ ce Bn 500 Te;e* 99297 W ncsor, Connecteut 06095 0500 831114o35,2 ggg3g4

{DR ADOCK 07o01 goo PDC

i STATE OF CONNECTICUT

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COUNTY OF HARTFORD There appeared before me, this Y d. day of November, 1988, Paul L. McGill, to me

)ersonally known, who, being duly sworn, stated that 1e is Vice President, Nuclear Fuel of Combustion Engineering, Inc; that he has executed this Reply to Notice of Violation

("Reply")

on behalf of Combustion Engineering, Inc.; that the statements made in this Reply are true and correct to the best of his knowledge, information, and belief; and that he is authorized to execute this Reply on behalf of Combustion Engineering, Inc, 4

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l Not&ry Public I

i Mr Comm:sden 14 rn Wrch 31,1972 1

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COMBUSTION ENGINEERING WINDSOR FUEL FABRICATING FACILITY REPLY TO MRC NOTICE OF VIOLATION EA 88-193 r

t VIOLATION l

A.

10 CFR 20.201(b) requires that each licensee make such surveys as may l

be necessary to comply with the regulations in Part 20, r.nd are reasonable under the circumstances to evaluate the extent of radiation j

hazards that may be present.

As defined in 10 CPR 20.201(a), "survey" means an evaluation of the radiation hazards incident to the production, use, release, disposal, or presences of radfor.ctive materials or other j

sources of radiation under a specific set of conditions.

Contrary to the above, on June 14, 1988, a survey was not made, as necessary, to assure compliance with 10 CFR 20.103(a)(3), which j

requires the licensee to use suitable measurements of concentrations of l

l radioactive materials in air for detecting and evaluating airborne j

radioactivity in restricted areas.

Speci0cally, on that date, a

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radiation worker was using a Chicago Trash Packer Corporation Model a

J 4500 compactor to compact material contaminated with uranium powder,

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and no radiological surveys were per ortred to determine the extent o.'

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radioactive contamination on the material being compacted, and i

appropriate air sampling was not performed in the immediate work area to l

ensure compliance with the requirements set forth in 10 CFR 20.103.

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RESPONSE

l 1.

Combustion Engineering accepts the violation.

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2.

This violation resulted from reliance on an understanding that past l

evaluations of the radiological hazard, using a high volume air sampicr, i

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indicatea no need for special controls. (Documentation of this evaluation l

1 is not available).

In addition, the procedure governing Radiation Work I

i Permits (RWP's) has been found to be deficient in clearly identifying j

activities that require coverage, j

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3.

Immediate ection was taken to establish trash compactor operation as an activity governed by an RWP.

Also, personnel are now required to wear l

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a lapel air sampler while operating the compactor.

l In addition, for approximately three (3) months, the operation of the I

compactor was evaluated to determine if ventilation modifications would j

improve unit operation with respect to ALARA considerations, i

Contamination surveys and air sample results indicate that operation of j

the compactor is not a radiological hazard requiring special controls.

A formalized Radiological Work Permit procedure has abo been developed which contains specific criteria for determining which activities are to 3

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be governed by an RWP.

This procedure is awaiting final approval.

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Radiological Protection Instructions (RPI) procedures are being developed J

which will provide Health Physics staff with detailed guidance in the proper performance of Radiological Control activities.

As part of the RPI program technicians will receive training on the new procedures when they are completed and prior to implementation.

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All Radiological Protection Instructions will be completed by the fourth.

quarter of 1988 Combustion Engineering is presently in compliance with 4

radiological requirements as regards trash compacting operations.

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l Enclosura (1)

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Page 3 of 12 j

VIOLATION l

B.

Amendment No. 09 to License No SN41-1067, dated April 8,1987, incorporates into the facility license Section 3.2.6, "External exposure 1

(Dosimetry Requirements)," of the NRC-approved license application i

(Part ! - Criteria), dated October 22, 1986, which states that all I

vicitors be supplied wit! indium foil badges.

Contrary to the above, from June 14-17, 1988, certain visitors and contractor personnel were permitted access to the Pellet Shop without being supplied with indium foil badges,

RESPONSE

l 1.

Combustion itngineering accepts the violation.

2.

At the time of the violation sufficient controls were not in place to i

prevent all visitors and/or contract personnel from entering the Building 17/21 complex without indium foil badges.

The indium foil is attached to the TLD for plant employees having a TLD, and on the visitor badges.

There was, however, a limited class of individuals having permanent badges but no TLD that did not have r.n indium fo!!.

i 3.

Iridium foil has been added to all iden'.!fication badges iss'ied at the site entrance and the guard force has been instructed not to allow anyone into the facility without an fr.dlum foil on either their I

identification badge or TLD.

4.

The actions listed in item (3) above should prevent recurrence of similar i

incidents in the future, j

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All necessary corrective actions have been completed and Conibustion Engineering is in compliance with the subject license condition.

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Enclosura (1)

Pcgs 4 of 12 VIOLATION C

Amendment No. 09 to License No. SNM-1067 dated April 8,1987 incorporates into the facility license Section 3.1.1 "Radiation Work Permit Procedures," of the NRC-approved license application (Part 1 -

Criteria), dated October 22, 1986 which states, in part, that the Radiation Work Permit will include all safety requirements, protective clothing and equipment, and health physics monitoring requirements necessary to assure that the proposed operation is conducted in a safe manner.

A Radiation Work Permit, issued on May 1,1988, authorized work to be done on the Pellet Press No. 4 sentilation system, and required the use of protective clothing, including rubber gloves.

Contrary to the above, on May 27, 1988, two workers handled radioactive contaminated parts removed from the Pellet Press No. 4 ventilation system, and these individuals were not wearing gloves as required.

RESPONSE

1.

Combustion Engineering accepts the violation.

2.

This violation occurred when two (2) contract workers handling potentially contaminated material removed their gloves in violation of the Radiation Work Permit (RWP).

Non-compliance to the applicable RWP can be attributed to inadequate training of plant workers (both permanent and contract employees) in radiological procedures.

This shortcoming was compounded by insufficient job supervision.

3.

Upon being observed in violation of the RWP the workers were directed to immediately stop work and leave the pellet shop. A Health Physics technician surveyed the contract wor'm s and found no detectible contamination on their bodies.

The two workers and their management were reinstructed on the necessity of following RWP's before entrance to the shop was permitted.

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The recently modified General Employee Training (GET) program places greater emphasis on the importance of full compliance with RWP's and provides employees with a stronger appreciation af the need to understand and r.dhere to the requirements of RWP's.

In addition.

Health Physics techr.icians have been instructed to ensure that workers fully understand and comply with the requirements of the applicable RWP before allowing work to begl'.

The Radiation Protection Program at the Nuclear Fuel Manufacturing i

facility is currently undergoing a thorough upgrade.

Part of this upgrade is the development of Radiological Protection Instructione (RPI),

a series of procedures by which the Health Physics staff will conduct their duties.

Also included in the upgrade was the hiring of additional qualified Health Physics technicians.

In addition to providing complete radiological coverage, the increased vigilance provided by a larger llealth Physics staff serves to reinforce the training received in GET.

Enclosure (1)

Paga 5 cf 12 s

5.

Conditions resulting in th'.s violation have been corrected by the actions detailed in item (3) above and the improved GET program.

Further improvements in radiological controls will be achieved with the implementation of the RP!'s. Completion of the RPI's is scheduled for the fourth quarter of 1988.

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Enclosuro (1)

Page 6 of 12 VIOLATION D.

10 CFR 19.11(a) requires that each licensee post current copies of (1) the regulations in this part and in Part 20 of this chapter; (2) the i

license, and license conditions, or documents incorporated into a license by reference, amendments thereto; (3) the operating procedures applicable to licensed activities; and (4) any notice of violation involving radiological working conditions, proposed imposition of civil penalty, or order issued pursuant to Subpart B of Part 2 of this chapter, and any response from the licensee.

10 CFR 19.11(b) states that if posting of a document specified in paragraph (a)(1), (2) or (3) of this section is not practicable, the licensee may post a notice which describes the document and states where it may be examined.

10 CFR 19.11(d) states that the documents, notices, or forms posted pursuant to this section shall appear in a sufficient number of places to permit individuals engaged in licensed activities to observe them on the way to or from any particular activity location to which the document i

applies, shall be conspicuous, and shall be replaced if defaced or altered.

Contrary to the above, between May 25 and May 27,1988, the 11ccwee did not post the documents specified in 10 CFR 19.11(a)(1), (2) or (3),

or the notice specified in 10 CFR 19.11(b), in a sufficient number of places in Building 5 to permit individuals engaged in licensed activities to observe them on the way to or from any particular licensed activity location.

For example, these documents were not posted at the south, southwest ot northwest entrances to Building 5.

In addition, neither the documents s;,ecified in 10 CFR 19.11 (a)(4), nor a notice specified in 10 CPR 19.11(b) were posted at any location in Building 5.

_Rv3PONSE 1.

Combustion Engineering accepts the violation.

2.

At the time of the violation adequate management controls were not in

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place to ensure that the complete posting requirements of 10CFR19.11 were met since it was believed that the posted locations were in sufficiently traveled areas of the facility to adequately inform personnel.

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A review of Building 5 access points was conducted and five areas were identified for posting documents pursuant to 10 CFR 19.11.

All required documents have been posted or were verified to be posted at each posting area in Building 5.

4.

An individual in Building 5 and another in Building 17/21 has been assigned responsibility for maintaining all postings pursuant to 10 CFR 19.11.

Both individuals have been made aware of the posting requirements necessary to achieve compliance, t

5.

Combustion Engineering has corrected the deficiencies that resulted in i

this violation.

i Enclosure (1)

Page 7 of 12 4

VIOLATION E.

10 CFR 20.311(b) states, in part, that each shipment of radioactive 4

waste to a licensed land disposal facility must be accompanied by a shipment manifest that may be shipping papers used to meet Department of Transportation or Environmental Protection Agency r?gulations or

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requirements of the receiver, provided that all the information required j

by 10 CFR 20.311(b) is included.

Contrary to the above, the manifests for waste shipments sent to the Barnwell, South Carolina burial site (a licensed land disposal facility) on June 4 and November 2,1987, did not contain the information i

required by 10 CFR 20.311(b) in that the proper shipping name and j

hazard class for several B-25 boxes (Nos. 1103,1107,1109,1110) were i

indicated as Radioactive Materials, LSA, n.o.s. UN2912, instead of l

Radioactive Materials, Fissile, n.o.s. UN2918, as required.

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RESPONSE

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1.

Combustion Engineering accepts the violation.

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10 CFR 71.53 exempts shipments containing Special Nuclear Materials l

(SNM) from being labeled as "Fissile" if the amount of SNM in any 10 j

liter volume does not exceed 5 grams.

The procedure used to determine specific concentration of uranium-235 in the shipping containers allowed I

the amount of Special Nuc! car Materials (SNM) involved to be averaged I

over the entire volume of the container.

This method did not properly account for the localized concentrations of SNM that existed in packages inside of the shipping containers and caused containers to be improperly

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classified as Low Specific Activity (LSA) rather than Fissile.

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shipping manifests in turn reflected this error.

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The procedure for LSA shipments has been corrected to require eli 4

j discreet packages within a container to meet the specific concentration i

criteria of 5 grams SNM in any 10 liter volume.

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4.

Combustion Engineering will also review the adequacy of its exinting j

written procedures in this area in an effort to correct any procedural j

inadequacles.

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Correction of the inadequacy that resulted in this violation has been achieved by the action detailed in Item (3) above.

The program to review the adequacy of the procedures is scheduled to be completed by i

the fourth quarter of 1988.

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Enclosuro (1)

Page 8 of 12 VIOLATION F.

10 CFR 71.3 states, in part, that a Econsee subject to the regulations in this part may not deliver any lic9nsed material to a carrier for transport except as authorized in a general license or a specific leense issued by the Commission, or as axempted in this part.

10 CFR 71.1(b)(1) states that t, licensee is exempt from all requirements of 10 CFR Part 71 other than 10 CFR 71.5 and 10 CFR 71.88 with respect to shipment or carriage of a package containing more than a type A quantity of radioactive material if the package contains no fissile material or if the fissile material exemption standard of 71.53 are satisfied.

Contrary to the above, the licensee delivered to a carrier on June 4 and November 2,1087 for transport fistdle material (B-25 boxes Nos.1103, 1107,1100, and 1110) in amounts that did not meet the exemption standards set forth in 10 CFR 71.53, and the licensee did not meet the criteria for a general license, nor did they possess a specific license issued by the Commission.

RESPONSE

1.

Combustion Engineering accepts the violation.

2.

See Violation E(2).

Subsequent transport of this material as LSA

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resulted in a violation of 10 CFR 71.3.

3.

See Violation E(3),

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See Violation E(4).

5.

Correction of the inadequacy that resulted in this violation has been l

achieved by the action detailed in Item (3) above.

Review of the adequacy of existing procedures is scheduled to be completed by the fourth quarter of 1988.

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Enclosure (1)

P gs 9 of 12 VIOLATION G.

49 CFR 172.403(a) requires, in part, that unless excepted from labeling by 49 CFR 173.421 through 173.425, each package of radioactive material to be offered for transportation must be labeled with a Radioactive White-1, a Radioactive Yellow-II, or a Radioactive Yellow-Ill.

Contrary to the above, B-25 boxes (Nos. 1103, 1107, 1109, 1110) containing radioactive material were shipped to the Barnwell, South I

Carolina burial site on June 4 and November 2,1987; were not labeled as required in ac%rdance with 49 CFR 172.403(a): and were not excepted from labeling by 10 CFR 173.421 through 173.425.

Specifically, the boxes were labeled Low Specific Activity (LSA), and not with the i

Radioactive White-1, Radioactive Yellow-!!, or Radioactive Yellow-!!!

labels as required.

RESPONSE

1.

Combustion Engineering accepts the violation.

2.

See Violation E(2).

As a result radioactive material was transported from the Windsor site with the wrong labeling affixed to the shipping containers.

3.

See Violation E(3).

t 4.

See Violation E(4).

5.

Correction of the inadequacy that resulted in this violation has been achieved by the action detailed in item (3) above.

Review of the adequacy of c'isting procedures is scheduled to be completed by the fourth quartel- :f 1988 I'

5 Enclosure (1)

Paga 10 of 12 VIOLATION H.

10 CFR 71.3(a) requires each licensco who is authorized to possess and use more than one effective kilogram of special nuclear material of low strategic significance to implement and maintain a Commission-approved material control and accounting system.

Section 4.2.1 of the NRC-approved Combustion Engineering, Inc.,

Fundamental Nuclear Material Control Plant (FNMCP) states, in part, that (1) a measurement system has been established and will be maintained for all SNM receipts, removals and inventory items, and all quantitles of SNM in the material accounting records will be based on measured values, including low level waste which the FNMCP defines in Table 1.4.1 as shop trash and filters: (2) a system of measurement has been established for use in the control of and accounting for SNM, including measurements of U and U-235 at appropriate points on proper categories of all nuclear material receipts, shipments, waste discards and material inventories: and (3) all external transfers of SNM shall be based on measurements.

Shop trash is defined by licensee personnel as compactible trash, which does not include non-compactible materials such as springs, tubing, bricks, ventilation system ductwork, etc.

Contrary to the above, several Radioactive Waste Drum Release Data Sheeth dated between August 3,1987, and January 18,1988 (containing entries for waste discards, including shop trash, wood, gloves, plastic pipe, cardboard, brick, tile, rubber hose, ventilation tubing, wire, plastic, chairs, sheetmetal, zirconium tubing, stainless steel springs, and graphite crucibles), indicated that there was no detectable amount (NDA) of the grams uranium, pounds uranium, grams U-235 and millicuries radioactive.

However, the U-235 content of those materials, with the exception of shop trash, was not based on any measurement.

RESPONSE

1.

Combustion Engineering accepts the violation.

2.

This violation is the result of inadequate procedural guidance.

There was a failure to identify measurement techniques for non-compactible waste in Table 1.4.1 of the Fundamental Nuclear Material Control Plan (FNMCP).

Since there was no calibration standard for assaying such materials, it had become practice to specify non-compactible discards as containing "No Detectable Amount" of uranium-235 without performing measurements.

3.

Shipment of all containers which contain non-compactible waste werc immediately suspended until procedures could be developed that provided detailed guidance for the measurement of such discards.

These procedures have been completed and are currently in use.

Enclosure (1)

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Use of the new measurement techniques shoald preclude future i

recurrence of this violation.

The FNMCP will be reviewed and revised to include the meanurement methods developed for non-compactible waste, I

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Completion of the review of procedures is scheduled for the fourth l

quarter of 1988 4

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Page 12 of 12 VI_OLATION I.

10 CFR 74.3(a) requires each licer'see who is authorized to possess and use more than one effective kilogram of special nuclear material of low strategic significance to implement and mal:.trin a Commission-approved material control and accounting system.

Ta:ble 1.4.1 of the NRC-approved Combustion Engineering. Inc., Fundamental Nuclear Material Control Plan (FNMCP) which in part describes this systera, indicates that the standards used for the calibration of the Nondestructive Assay devised for the determination of the U-235 content in absolute filters shall contain 0 and 90 grams of U-235.

Section 4.1.3 of the NRC-apr roved Combustion Engineering, FNMCP Annex states that should measurement results indi: ate that process material are outside the calibrated range, the results will not be used.

Contrary to the above, although data on several of the Radioactive Waste Drum Release Data Sheets indicated that the U-235 content of several j

filters was outside the range of 0 to 90 grams (101.6 grams, B-25 box 1

No.1107, dated Augusc 3,1987: 115.5 grams, B-25 box No.1110, dated I

August 26,1987; and 130.5 grams, B-25 box No.1109 dated August 21, 1987), the results of these measurements were nonetheless used and recorded for shipment to the Chem-Nuclear Systems, Inc., Barnwell Waste Management Facility located in Barnwell, South Carolina, a burial site, on November 2,1987.

RESPONSE

1.

Combustion Engineering accepts the violation.

2.

Use of measurements outside the calibrated range of the instruments resulted from improper employee training and inadequate procedural I

guidance, l

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All employees who assay filters have been reinstructed on the

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requirements of the Fundamental Nuclear Material Control Plan (FNMCP).

l In addition, the procedure for assay of filters contaminated with uranium-235 was changed to more clearly reject using measuremerns l

outside of the range of the calibration standards.

4.

CombustM Engineering will also review the adequacy of its existing written procedures in this area in an effort to correct any procedural inadequacies.

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The procedural review is scheduled for completion in the fourth quarter of 1988.

Combustion Engineering is presently in compliance with i

requirements regarding measuremen.s of materials within the calibrated range of facility instrumentation.

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