ML20211M498

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Responds to Notice of Violation from Insp Rept 70-1113/86-16 on 860721-25.Requests Extension Until 861003 to Respond Due to Extreme Complexity of Issues & Because Resolution May Require Formal Action by Div of Safeguards
ML20211M498
Person / Time
Site: 07001113
Issue date: 08/28/1986
From: Winslow T
GENERAL ELECTRIC CO.
To: Stohr J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML20211M455 List:
References
FOIA-86-704 NUDOCS 8612170309
Download: ML20211M498 (3)


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GENERAL ELECTmC COMPANY

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.1986 August 28, s

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m Mr. J. Philip Stohr, Director Q

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Division of Radiation Satety & Safeguards g

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Dear Mrl Stohr:

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References:

(1) NRC License SNM-1097, Docket 70-1113 (2) NPC Inspection Report 70-1113/86-16 dated.8/06/86, received 8/12/86 Thank you for your~ letter reporting the results of the inspection conducted at our licensed f uel f abricatior, plant on July 21-25, 1986, by Mr. D. W. yones of your office.

As discussed in the attachment to this letter, General Electric hereby requests a time extension until October 3, 1986, to respond to the Notice of Violation contained in the above referenced NRC inspection report.

Pursuant to 10 CFR 2.790(d), General Electric Company requests that the attachment to this letter be withheld from public disclosure since this attachment identifies details of General Electric's control and accounting procedures for safeguarding licensed special nuclear material.

Very truly yours, GENERAL ELECTRIC COMPANY

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Preston Winslow, Manager Licensing & Nuclear Materials Management M/C J88 TPW:bsd SGD-I 8612170309 861205 PDR FOIA RATNER 86-704 PDR a.

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GENER AL $ ELECTRIC Mr. J. Philip Stohr August 28, 1986 ATTACHMENT The information given below refers to the item in Enclosure 1,

" Notice of Violation," in the NRC Inspection Report 70-1113/86-16, dated 8/06/86.

10 CFR 75.35 requires the licensee to submit a material status report for each physical inventory which is taken as a part of the material accounting and control procedures required by 10 CFR 75.21.

Contrary to the above, the licensee failed to submit a material status report for the i

physical inventory taken on August 5, 1985.

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

At the current time, General Electric is not in the position to admit or deny that the above apparent violation occurred.

The described situation stems from (1) instructions from the NRC Division of Safeguardc for which there was no documented nor approved method for compliance and (2) misunderstood verbal l

communications.

For example, after detailed reviews of the 12/27/84 directive from the NRC; 10 CFR Parts 70, 74 and 75; and NUREG BR-0007, we have determined that the instructions are inadequate to cover the proper completion of the 742-C reports.

These instructions do not include provisions for completion of the 742-C report in the absence of a finalized transitional facility attachment (TFA), which is the case for General Electric.

We also feel that a contributing factor was our willingness to operate in l

a verbal rather than written mode with the NRC throughout much of the IAEA implementation process.

This process has been somewhat unsure much of the time because of a lack of definition of requirements and because of the continuing time span involved in developing the TFA.

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o GENERAL $ ELECTRIC 3-g Mr. J. Philip Stohr August 28, 1986 Attachment - Page 2 I

i Results of the August 1986 physical ihventory will be reported in accordance with instructions received from the NRC Division of Safeguards on 8/26/86.

These instructions were given verbally but the NRC reviewer stated written confirmation will be issued the week of September 1st.

In addition, we have identified several other situations within regulations and instructions which do not afford General Electric an option for clear compliance, which the NRC will clarify at the same time.

At the current time, we have not established precisely what corrective acticn is necessary to resolve the reported condition for the August 1985 inventory.

Discussions between GE and NRC Division of Safeguards are continuing.

Because of the extreme complexity of the issues and because resolution may require formal action by the Division of Safeguards, General Electric requests an extension of time until October 3, 1986 to respond in complete accordance with 10 CFR 2.201.

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