ML20293A403

NRC Pre-Decisional Enforcement Conference with NAC International Presentation Slides

ML20293A403
Person / Time
Issue date:	10/20/2020
From:	Office of Nuclear Material Safety and Safeguards
To:
Terry T
Shared Package
ML20293A402	List: ML20293A403
References
Download: ML20293A403 (21)

Text

Pre-decisional Enforcement Conference with NAC International Public Meeting October 20, 2020 Webinar Webinar Access: Telephone Access:

https://usnrc.webex.com Phone number: 800-857-4625 Event number: 199 777 9783 Passcode: 9838597 Event password: PEC1020 AUDIO FOR THE MEETING IS ONLY AVAILABLE THROUGH THE MODERATED TELEPHONE LINE.

THIS MEETING IS BEING TRANSCRIBED 1

Pre-decisional Enforcement Conference between NRC and NAC, International Introductory Remarks Introductions of Presenters Christopher Regan, Deputy Director, Division of Fuel Management, Office of Nuclear Material Safety and Safeguards Leira Cuadrado, Chief Inspection and Oversight Branch

NRC Enforcement Program Robert Sun Pre-decisional Enforcement Conference October 20, 2020

Todays Conference

• NRC has NOT reached a final enforcement decision yet

• PEC is an opportunity to provide your perspective Whether violations occurred Identification and corrective actions (immediate and long-term actions)

Whether you agree with our characterization of the violations in the PEC letter to you.

Any other information you want us to consider 4

Possible Outcomes

• No Enforcement Action

• Notice of Violation (NOV)

• NOV with Civil Penalty

• Order 5

Determine Significance = Severity Level 6

Four factors in assigning Severity Level

• Actual Safety Consequences

• Potential Safety Consequences

• Impact on Regulatory Process - Whether the NRC was prevented from carrying out its regulatory responsibilities

• Associated willfulness 7

Civil Penalty Primary considerations:

1. How the violation was identified

2. The promptness and completeness of any corrective actions taken If a licensee has not had escalated enforcement in the past 2 years or 2 inspections, the only factor in determining if a civil penalty is assessed is the licensees corrective actions.

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Appeal Rights

• Any NRC action may be challenged

• Instructions for challenging an enforcement action will be described in the action or the accompanying letter 9

Sharing Enforcement Results

• If NRC takes enforcement action, it will be publicly available on NRCs web site.

• In the event that a civil penalty or an order is issued, normally, a press release will be issued as well.

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PRESENTATION OF APPARENT VIOLATIONS Leira Cuadrado, Chief Inspection and Oversight Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards 11

NRC Inspection at NAC International

• On-site inspection February 24-27, 2020, of NAC International at their corporate office in Norcross, Georgia.

• Two apparent violations were identified

• Results of the inspection available at Choice Letter and Inspection Report (Accession No. ML20225A032) 12

Apparent Violation 1

• 10 CFR 72.146(c), Design control, requires, in part, that a certificate holder shall subject design changes, including field changes, to design control measures commensurate with those applied to the original design. Changes in the conditions specified in the license or CoC require prior NRC approval.

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Apparent Violation 2

• 10 CFR 72.48(c)(2)(viii), Changes, tests, and experiments, requires, in part, that a certificate holder shall obtain a CoC amendment pursuant to 72.244, prior to implementing a proposed change that would result in a departure from a method of evaluation described in the FSAR (as updated) used in establishing the design bases or in the safety analyses.

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Presentation by NAC International 15

NRC Caucus The NRC is currently participating on a 20 minutes caucus as detailed in the meeting agenda.

The meeting will resume shortly 16

NRC and NAC International Discussions and Q&A Session 17

Pre-decisional Enforcement Conference Closing Remarks Kent Cole, NAC International Christopher Regan, NRC 18

Opportunity for Public Comments NRC has allotted 20 minutes for public comments To ask a question or provide a comment to the NRC about the information discussed today, please press *1 on your phone when prompted by the operator. The operator will unmute and open your line at that time Please clearly state your name and affiliation before you speak 19

REFERENCES

• NRC Publicly Available Information

- Choice Letter (Accession No. ML20225A032)

- NRC Presentation Slides (Accession No. ML20293A403)

- NAC Presentation Slides (Accession No. ML20293A289)

- Meeting Feedback form (Accession No. ML011160173)

- Public Meeting Notice (Accession No. ML20283A383) 20

Media Representatives Please contact:

Mr. David McIntyre, NRC's Public Affairs Officer at David.McIntyre@nrc.gov 21