ML20211H284

Notice of Violations from Insp on 990629-0809.Violations Noted:Plant Mgt Did Not Correct Condition Adverse to Quality as Soon as Practical

ML20211H284
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant
Issue date:	08/27/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:
Shared Package
ML20211H278	List: ML20211H274 ML20211H284 ML20211H312
References
70-7002-99-09, NUDOCS 9909020057
Download: ML20211H284 (3)

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i NOTICE OF VIOLATION United States Enrichment Corporation Docket No. 70-7002 Portsmouth Gaseous Diffusion Plant Certificate No. GDP-2 During an NRC inspection conducted from June 29 through August 9,1999, two violations of NRC requirements were identified. In accordance with the " General Statement of Policy and i Procedure for NRC Enforcement Actions," NUREG-1600, Revision 1, the violations are listed j below-.

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1. Title 10 of the Code of Federal Regulations (CFR), Part 76.93," Quality Assurance,"

requires, in part, that the Corporation shall establish, implement, and maintain a Quality Assurance Program.

Section 2.16, of the Quality Assurance Program," Corrective Action," requires, in part, that conditions adverse to quality shall be corrected as soon as practical.

Appendix A of Procedure XP4-BM-Cl1002, " Problem Report Screening Process,"

defines a condition adverse to quality to include failures to perform activities described in the Safety Analysis Report and to execute processes or procedures.

Contrary to the above, between June 3,1998, and June 2,1999, the plant management did not correct a condition adverse to quality as soon as practical. Specifically, the plant management did not correct deficiencies identified with the inspection criteria, preventative maintenance program, and the condition of the rail cars, track, switches, and safety appliances, until two railcars carrying cylinders filled with liquid UF., En activity described in the Safety Analysis Report; derailed on June 2,1999.

i This is a Severity Level IV Violation (Supplement VI). (VIO 70-7002/99009-02).

2. The regulations of 10 CFR 76.60 require, in part, that the Corporation shall comply with the applicable provisions of 10 CFR Part 71, " Packaging and Transportation of Radioactive Material."

The regulations of 10 CFR Part 71.47 require, in part, that each package of radioactive material offered for transportation must be designed and prepared for shipment so that l

under conditions normally incident to transportation the radiation level does not exceed 200 millirem / hour at any point on the extemal surface of the package.

Contrary to the above, on February 10,1999, the plant staff offered for transportation a package of radioactive material that was not prepared for shipment so that under conditions normally incident to transportation the radiation level did not exceed 200 millirem / hour at any point on the extemal surface of the package. Specifically, the plant staff transported on a public highway a cylinder containing uranium residue with a radiation level of approximately 350 millirem / hour, as measured upon arrival at its destination.

This is a Severity Level IV violation (Supplement V). (VIO 70-7002/99009-04) 9909020057 990827 '

PDR ADOCK 07007002 C PDR 1

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- i Notice of Violation I I

For VIO 70-7002/99009-01 and pursuant to the provisions of 10 CFR 76.60, the United States ,

Enrichment 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. I 20555 with a copy to the Regional Administrator, Region 111, and a copy to the NRC Resident Inspector at the Portsmouth Gaseous Diffusion Plant, within 30 days of the date of the letter

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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 I and the results achieved, (3) the corrective steps that will be taken to avoid further violations, i and (4) the date when full compliance will be achieved. Your response may reference or j include previously docketed correspondence, if the correspondence adequately addresses the j required response. If an adequate reply is not received within the time specified in this Notice, i an Order or Demand for Information may be issued as to why the certificate 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.

The NRC has concluded that information regarding the reasons for VIO 70-7002/99009-04, the corrective actions taken and planned to correct the violations and prevent recurrence, and the )

date when full compliance will be achieved is already adequately addressed in Inspection Report 70-7002/99005(DNMS). Therefore, a specific response to this violation is not required.

However, you are required to submit a written statement or explanation pursuant to )

10 CFR 76.70, if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, clearly mark your response as a " Reply ')

to a Notice of Violation," and send it to the U.S. Nuclear Regulatory Commission, ATTN:

Document Control Desk, Washington, D.C. 20555 with a copy to the Regional Administrator, Region Ill, and a copy to the NRC Resident inspector at the Portsmouth Gaseous Diffusion Plant, within 30 days of the date of the letter transmitting this Notice of Violation (Notice).

If you contest this enforcement action, you should also provide a copy of your response, with the basis for denial, to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001. l 1

Because your response will be placed in the NRC Public Document Room (PDR), to the extent I possible, it should not include any personal privacy, proprietary, or safeguards information so i that it can be placed in the PDR without redaction. If personal privacy or proprietary information 1 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 i response that deletes such information. If you request withholding of such material, you muit specifically identify the portions of your response that you seek to have withheld and provide in i detail the bases for your claim of withholding (for example, explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financialinformation). If safeguards information is necessary to provide an acceptable  ;

response, please provide the level of protection described in 10 CFR 73.21.

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Notice of Violation ,

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In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 27* day of August 1999 i

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