ML20215F101

Final Response to FOIA Request for Insp Repts Re Plants. Forwards App B Documents.App B Documents Partially Withheld (Ref FOIA Exemption 3)

ML20215F101
Person / Time
Site:	07000925, 07001193
Issue date:	12/19/1986
From:	Grimsley D NRC OFFICE OF ADMINISTRATION (ADM)
To:	Fowler J AFFILIATION NOT ASSIGNED
Shared Package
ML20215F104	List: IA-86-576, Partially Withheld Details of Insp Repts 70-0925/82-02 & 70-1193/82-02.No Noncompliance Noted.Major Areas Inspected: Security Organization,Training,Guard Qualification,Physical Barriers,Intrusion & Detection Alarms & Key Control ML20215F101 ML20215F121 ML20215F130 ML20215F134 ML20215F137 ML20215F143 ML20215F148 ML20215F156 ML20215F159 ML20215F169
References
FOIA-86-576 NUDOCS 8612230264
Download: ML20215F101 (3)

Text

U.S. NUCLEAR REGULATORY COMMISSION tRc potA MOU($1 %VV3[R $l

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RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST OEC 191886 i

V DOCKET NuvsERis) ur appuebel tER O

O OJ C 1" PART 3.-RECORDS RELEASED OR NOT LOCATED ISee checked bonest r

No agency re;ords subrect to the request have been located.

No additonal agency records subject to the request have been located.

Agency records si.biect to the request that are identifed in Appendra are already available for pubic inspecton and copung in the NRC Pubisc Dou ment Room, 1717 H Street, N W., Wasnington, DC.

Agency records sub#ect to the requee that are identifed in Appendia O

are being made available for pubhc inspection and copying in the NRC Public Document Rocm,1717 H Street. N W., Washington, DC, in a folder under the FOIA number and requester name.

I The nonproprietary verson of the proposaHsl that you agreed to accept in a telephone conversaton with a member of my staff is now being made avalable for pubic inspecton and coying at the NRC Pubhc Document Room,1717 H Street, N W, Washington, DC, in a folder under the FOIA number and requester name.

Enclosed is informaton en how you may obtain access to and the charges for copying records placed in the NRC Public Oocument Room,1717 H Street, N.W., Washington, DC.

Agency records subsect to the teouest are enclosed. Any applicable charge for copes of the records provided and payment procedures are noted in the comments section.

Cocords sobrect to the request have been referred to another Federal agencylies) for revew and direct response to you.

In www of NRC's response to this request, no furthe acton is being taken on appeal letter dated PART ll.A-INFORMATION WITHHFLD FF.OM PUBLIC DISCLOSURE Certain informaton in the requested records e being withheld from public disclosure pursuant to the FOIA enemptions described in and for the reasons stated in Part II, sec-tione 8, C, and D. Any released portons of the documents for which only part of the record is being withheld are being made avedable for public inspection and copying in the NRC Pubhc Document Room.1717 H Street, N W., Washington, DC, in a folder under this FOiA number and requester name.

Comments RIG TUAs DIRECTOR. DM :ON OF RyLES AND RECORDS i

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/$ n br.c 8612230264 861219 NLC FORM 464 iPart n PDR FOIA FOWLER 86-576 PDR

OF INFOllMATION ACT EESPONSE FOIA NUMBE.(Si

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FM PA T 118-APPLICABLE FOIA EXEMPTION'S peords subject to the request that are described in the enclosed Appendices

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are being withheld in their entirety or in part under FOIA h

pernptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and 10 CFR 9 5(a) of NRC Regulations.

1. The wthheld mformaton a property class. fed pursuant to Enocutive Order 12356 IEXEMPTION 13

2. The wthheid informaton relates solely to the stomal personnel rules and procedures of NRC. IEXEMPTION 26 r

3 The wthheld informaton a specifically enempted from public deciosure by statute indicated: IEXEMPTION 3)

Section 141145 of the Atomic Energy Act which prohtets the desclosure of Restncted Data or Formerty Restricted Data (42 U.S C. 2161-21651.

Section 147 of the Atomic Energy Act which prohitnts the declosure of Unclassified Safeguards informaton (42 U S.C. 2167L

4. The wthheld information is a trade secret or commercial or financial information that is being wthheld for the ressordsl indicated (EXEMPTION 41 The information a considered to be confidential business (proprietary) mformation.

The informaton a considered to be pec;'etary information pursuant to 10 CFR 2.790(dHIL The informaton was submitted and recewed in confidence from a forey. source pursuant to 10 CFR 2 790td)t2).

5. The wthheld information cons.sts of interagency or intraagency records that are not avadable through discovery durmg litigaton. Osclosure of predecisonal informaton would tend to inhetH1 the open and frar'k enchange of ideas essential to the deliberative process Where records are wthheld m their entirety, the facts are meatncabey intertwened with the predecisonal informaton. There also are no reasonably segregable factual portions because the release of the facts would permit an indirect mquiry into the predecmonal process of the agency (EXEMPTION 51

6. The wthheld mformation a exempted from public disclosure because its ar%sure would result en a clearty unwarranted invasion of personal pnvacy. (EXEMPTION 61

7. The withheld mformation consists of evestigatory records comoded for law enforcement purposes and is being withheld for the reason (s) indicated (EXEMPTION 71 Discfosure would mterfere with an enforcement proceeding because it could reveal the scope, directon. and focus of enforcement efforts. and thus could possery allow them to tAe acton to shieid potential wrongdomg or a violation of NRC requirements from investigators. (EXEMPTION 7(AH Oisclosure would constitute an unwarranted invason of personal pnvecy IEXEMPTION 7(C))

The informat;on consets o' namas of edividuals and other mformaton the disclosure of which would reveal identities of confidential sources. (EXEMPTION 710))

PART 18 C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and 'or 915 of the U S. Nucteer Regulatory Commason regulatons. it has been determined that the information withreid e enemp from producten or disclosure.

and that ets production or disclosure is contrary to the public interest The persons responsese for the denial are those officials identified below as denying officials and the Director.

Divsion of Rules and Records. Office of Administraten, for any denials that may be appealed to the Executrve Detector for Operations trooi

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DENYING OFFICIAL TITLE, OFFJCE RECORDS DENIED APPELLATE OFFICIAL

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PART 11 D-APPEAL RIGHTS The denial by each denying officialidentmed in Part II.C may be appealed to the Appellate Officialidentified in that section. Any such cppeal must be in writing and must be made within 30 days of 'eceipf of this response. Appeals must be addressed as appropriate to the Executive Director fer Operations or to the Sectetary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."

Nnc romu as4 apart 21 U.S. NUCLEAR REGULATORY COMMISSION com FOIA RESPONSE CONTINUATION

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBERISL M/g - fy.- f *)f DATE:

PALT 81 B-APPLICA' LE FOIA EXEMPTION'S Exernptions and for tne reasons set forth below pursuant to 5 U.S.C. 552(b) and 10[CFR 9.5(a) of NRC Records subject to the request that are desenbed in the enclosed Appendices are being withheld in their enterety or in part under FOIA

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1. The wthheld information a property classifed pursuant to Executive Order 12356 (EXEMPTION 11

2. The wthheld information relates solely to the intemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheld information a specifically exempted from putnic disclosure by statute indicated: IEXEMPTION 3) i Secten 141-145 of the Atomic Energy Act whch prohibits the disclosure of Restncted Oata or Formerly Restricted Data 142 U S.C. 2161-21oS).

Section 147 of the Atomic Energy Act whch prohibits the oisclosure of Unclassefed Safeguards inforrration (42 U.S C. 2167L

4. The wthheld information is a trade secret or commercial or financial information that is bemg withheld for the reason (s) indicated: (EXEMPTION di The ir formation is considered to be confidential business (proprietary) mformaton.

The informaton is considered to be propretary informaton pursuant to 10 CFR 2.79(Hd)t11.

The information wes submitted and rece<ved in confidence from a foreign source pursuant to 10 CFR 2.790 ldh 2L

5. The withheid information consists of interagency or intraagency records that are not available through discovery during litigation. Osclosure of predecmonal information would tend to inhibit the open and frants enchange of ideas essential to the deliberative process. Where records are wthhe6d in their entirety, the facts are inextreably imortuned with the credecisonal informaton. There also are no reasonably segregable factual portons because the release of the facts woJid permat an indirect mquiry mto the predecmonal process of the agency. (EXEMPTION 5)

6. The wthheld information is exempted from public disdosure because its disclosure would result in a clearty unwarranted invasion of personal privacy. IEXEMPTION 6)

7. The withheld Sakrmation consists of investigatory records compied for law enforcement purposes and is bemg withheld for the reason (s) indscated (EXEMPTION 7)

Disclosure would anterfere wth an enforcement proceeding because it could reveal the scope. directon, and focus of enforcement efforts. and thus could possibly allow them to take action to sheid potential wrongdoing or a volation of NRC requirements from investigators. (EXEMPTION 7(All Disclosure would constitute an unwarranted invasion of personal privacy (EXEMPTION 7tCl)

The informat;on consets of names of individuals and other mformation the disclosure of which would reveal identities of confidental sources. (EXEMPTION 7(Dil PART ti C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.15 of the U S. Nuc%ar Regulatory Commesson regulatons, it has been determmed that the informaton withheld s enempt from producten or disclosure, and that its producron or disclosure is contrary to the public interest. The persons respor*s.bae for the denel are those offcials identifed below as denymg offcials and the Director.

Divsion of Rules and Records Office of Administration, for any denials that may be appealed to the E=ecutive Director for Operatons tEDot DENYING OFFICIAL TITLE, OF FICE RECORDS DENIED APPELLATE OFFICIAL

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e PART tl D-APPEAL RIGHTS The denial by each denying official identified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be tnade within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an initial FOIA Decision.**

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2 July 22 :1986 f EREEDOM OF INFORMATION Public Information Officht r Nucicar: Regulatory. Commission ACT REQUEST i

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b 611 Ryan Plaza trive Arlingcoa.. Texas 76011 1 g

Dear Sir:

This is n request made under the Freedom of.Tnformation Act (5 11.5.C. 552).. I am requesting a. copy of any ar.d e all inapection reports and/or ariointion reporta madec by the NucIcar Regulatory Commission on the Kerr-HeGee,

Cimmarron Finnt near Crescent,iOklahoma. 'I am requesting all such reports fro the.last five years.:

If any or alliof this. request de denied, pleAse cite. the specific exemption (s) whichiyou feel justifies your refusal to release.the information and2 inform me of.

yotar egency'neappeal proceedures available to me under the law..I also ask that you release any non-segregable, portiens if you find that some.of thisiraquent.is exempt.

As you lonow, the. law permite you to waive.or reduce fees when the: release of the information is considered as "primari.ly benefitting the public." T believe that this request fits that category and I therefore ask you to waive any fees.

I would a'ppreciate your handling this matter as quicklye an possible and T loo)c. forwarda to hearing.from y6u within ;

10 days,tas the law stipulates.

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erely,

.Teffi Fowler Repo tter:

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F n ^ 0 m81 Docket No.70-925 Docket No. 70-1193. -

Kerr-McGee Nuclear Corporation ATTN:

Mr. W. J. Shelley Vice President Nuclear Licensing and Regulation Kerr-McGee Center Oklahoma City, OK 73102 Gentlemen:

This refers to the safeguards inspection conducted by Messrs. A. G. Finley and J. P. Patterson of this office on January 26-29, 1981 of activities authorized by NRC Licenses No. SNM-928 and No. SNM-1174 and Title 10 CFR Part 70.

An exit meeting including a discussion of findings with Mr. A. W. Norwood, Standby Plant Manager and members of your staff was conducted at the conclusion of the inspection.

The enclosed copy of oar inspection report identifies areas examined during the inspection. Within these areas, the inspection consisted of a selective examint. tion of procedures and representative records, observations, and interviews with personnel.

During the inspection, certain of your activities appeared to be in non-compliance with NRC requirements, as described in the enclosed Appendix A and a aitten respony.is required. The item concerning possession of high enricheu u ranium: (:7.5%) not authorized by license, should be corrected since this may b'e i recurring item (due to plant cleanout), that could result in a sustained noncompliance.

Areas examined during the inspection concern a subject matter which is exempt from disclosurc according to Section 2.790 of the NRC's " Rules of Practice," Part 2, Title 10, Code of Federal Regulations. Consequently, our report of this inspection will not oe placed in the Public Document Room.

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l Kerr McGee Nuclear Corporation We will gladly discuss any questions you have concerning this inspection.

Sincerely, J. A. Hind, Chief Safeguards Branch

Enclosures:

1.

Appendix A, Notice of Violation 2.

IE Inspection Reports No. 70-1193/81-01 an?

No. 70-925/81-01 with (Part 2.790(d) Information) cc w/encls:

B. E. Brown, General Manager, Manufacturing Central Files Reproduction Unit NRC 20b AEOD Resident Inspector, RIII cc w/ encl I w/o Part 2.790(d) attach:

PDR Local PDR NSIC TIC so te

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C Appendix A NOTICE OF VIOLATION Kerr McGee Nuclear Corporation Docket No.70-925 Docket No. 70-1193 As a result of the inspection conducted on January 26-29, 1981, and in accordance with the Interim Enforcement Policy, 45 FR 66754 (October 7, 1980), the following violations were identified:

1.

Code of Federal Regulations 10 CFR Part 70.3 states, "No person subject to the regulations in this part should receive title to, own, acquire, deliver, receive, possess, use or transfer SNM except as authorized in a license issued by the Commission pursuant to these regulations."

Contrary.to the above, the licensee had possession of SNM determined to be 93%) enriched in the isotope U-235 located in the uranium plant on August-15, 1980.

Section 6 of uranium License No. SNM-928 gutho-rizes the licensee to possess enriched uranium not to exceed,5%, en-richment in the isotope U-235.

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

2.

License Condition 4.2 to Amendment MPP-3 of License No. SNM-Il74 states, "An ongoing measurement control program covering all SNM measurements shall be maintained. A minimum of two measurements per week of representative standards during any week measurements are made."

Contrary to the above, the liensee failed to measure any plutonium standards during any week NDA measurements were made of plutonium since approximately November 1,1980 until this inspection date.

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

3.

10 CFR Part 70.51(6)(1)(V) requires, " Documentation of all transfers of special nuclear material between material balance areas to show identity and quantity of special nuclear material transferred." In addition, license procedures KM-NP-1516 states, that the internal transfer form (KM-2459-3) is a pre-numbered form provided to record the transfer of special nuclear material between material balance areas.

Contrary to the above, plutonium internal transfers (I,T) are not being prepared for SNM moving from MBA 50 to the' Vault (MBA 12) for packaging.

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Appendix A the IT as being shipped from MBA,50 to MBA: [ Room 121} when in fact, it is being transferred from the vaulf This is a Severity Level VI violation (Supplement III).

4.

License Condition 7.4 to Amendment MPP-3 of License No. SNM-1174 states,'"For tamper-safing containers or vaults, the licensee shall use only seals acceptable to the NRC as defined in Regulatory Guide 5:15, Section C."

Contrary to the above, acceptable tamper-safe seals were received by the licensee on December 17, 1980 and 13 drums of SNM generated since January 1, 1981, were sealed with unacceptable lead seals.

This is a s Severity Level VI violation (Supplement III).

Pursuant to the provisions of 10 CFR 2.201, you are required to submit to this office within twenty-five days of the date of this Notice a written statement or explanation in reply, including for each item of noncompliance:

(1) corrective action taken and the results achieved; (2) corrective action to be taken to avoid further noncompliance; and (3) the date when full com-pliance will be achieved. Under the authority of Section 182 of the Atomic Energy Act of 1954, as amended, this response shall be submitted under oath or affirmation.

Dated J. A. Hind, Chief Safeguards Branch

C C

U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF INSPECTION AND ENFORCEMENT REGION III Reports No. 70-1193/81-01; 70-925/81-01 Docket No.70-925 License No. SNM-928 Safeguards Group V Docket No. 70-1193 License No. SNM-1174 Safeguards Group I Licensee: Kerr McGee Nuclear Corporation Kerr McGee Center Oklahoma City, OK 73102 Facility Name:

Cimarron Facility - Plutonium Plant - Uranium Plant Inspection At:

Crescent, OK Inspection Conducted: January 26-29, 1981 Date of Last Meterial Control and Accounting Inspection:

June 1980 Type of Inspection: Unannounced Material Control and Accountability Inspectors:

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Date

h. G. Finley /

Auditor A'Y) 1 /l, /?N d/ P. Patterson Date Chemist Approved By:

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i A'. Hin'd', Chief Date'

/ Safeguards Branch I

Inspection Summary Inspection conducted January 26-29, 1981 (Reports No.70-1193/81-01 and i

70-925/81-01).

Areas Inspected: Nuclear material control and accountability including facility organization, facility operation, measurement and statistical controls, shipping and receiving, inventory, storage and internal con-l trols, records and reports and management of materials control system.

The inspection involved 46 inspection-hours onsite by two NRC inspectors l

and was begun during the regular hours.

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Results: The licensee was found to be compliance with NRC requirements in the eight areas examined during the inspections except for the follow-ing four items:

1.

Failure to measure standards during the week NDA measurements were made on plutonium vastes (Level VI).

2.

Unauthorized possesson of enriched uranium greater than 5% 'en-richment (Level V).

3.

Failure to document transfers from MBA 50 to MBA 12 (Level VI).

4.

Failure to use acceptable tamper-safe seals on hand in noncompli-ance with License Condition 7.4 of MPP-3 (Level VI).

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