ML20217C102

Notice of Violation Re NRC Review of Ports Certificate Amend Request - Update to Application SAR .Violation Noted:On 970817 Usec Did Not Submit Amend to Certification Application Which Includes Listed Info

ML20217C102
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	03/24/1998
From:	NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20217C060	List: ML20217C054 ML20217C084 ML20217C102
References
EA-97-448, NUDOCS 9803260286
Download: ML20217C102 (2)

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NOTICE OF VIOLATION United States Enrichment Corporation De:Aet No. 70-7002

. Portsmouth Gaseous Diffusion Plant Certificate No. GDP-2 BA 97-448 During an NRC review of the Portsmouth Gaseous Diffusion Plant's Certificate Amendment -

Request - Update to the Application Safety Analysis Report dated August 18,1997, a violation of.

NRC requirements was identified. In accordance with the " General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the violation is listed below:

Portsmouth Gaseous Diffusion Plant Certificate of Compliance Condition 8 requires, in part, that the Corporation shall conduct its operations in accordance with the statements and irepresentations contained in the Compliance Plan submitted July 12,1996, July 15,1996, July 18,1996, and the revision submitted August 1,1996.

Portsmouth Compliance Plan issue 2 " Update the Application Safety Analysis Report" Plan of Action and Schedule item 3 and item 4 require, in part, that by no later than August 17,1997, USEC shall submit an amendment to their Certification application which includes:

1) identification of all information, findings, and recommendations which indicate differences between the DOE site-wide Safety Analysis Report and the USEC Application for Certification;

2) an evaluation of the effects of those differences on the safety of workers, and off-site members of the public; and

3) proposed modifications to the compliance certificate and/or facility, including proposed modifications to the Application SAR and Technical Safety Requirements (TSRs)

4) proposed resolution of matters contained in the DOE-approved site-wide Safety Analysis Report (SAR) not incorporated by USEC in its request for amendment of their Application for Certification.

' Contrary to the above, on August 17,1997, USEC did not submit an amendment to the certification application which includes: 1) identification of all information, findings, and recommendations indicating differences between the DOE site-wide Safety Analysis Report and the USEC Application for Certification; 2) an evaluation of the effects of those differences on the safety of workers, and off-site members of the public; 3) proposed modifications to the compliance certificate and/or facility, including proposed modifications to the Application SAR and TSRs; and 4) proposed resolution of matters contained in the DOE-approved site wide SAR not incorporated by USEC in its request for amendment. Specifically, the August 18,1998 USEC submittal did not include Chapter 3 " Facility and Process Description" nor a complete Chapter 4

" Hazard and Accident Analysis" which addressed the four above items.

This is a Seventy Level IV violation (Supplement VI).

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' P'prsuani to the provisions of 10 CFR 76.70(d), Unaad 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. 20555 with a copy to the.

Regional Administrator, Region lil, and Director, Division of Fuel Cycle Safety and Safeguards, NMSS, 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, or, if contested, the basis for disputing the violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps

' that will be taken to avoid further violations, and (4) the date when full compliance will be

' achieved.

, Your response may reference or include previously docketed correspondence, if the ,

I 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 action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time, if you contest this enforcement action, you should also provide a copy of your response to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

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 PDR without redaction. If personal privacy or proprietary information 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 q response that deletes such information, if you request withholding of such material, you mWai )

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specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., 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 financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

Dated at Rockville, Maryland i

this 24 day of March 1998 i

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