ML21356B054
| ML21356B054 | |
| Person / Time | |
|---|---|
| Site: | BWX Technologies |
| Issue date: | 12/22/2021 |
| From: | Mark Franke Division of Reactor Safety II |
| To: | Bittner J BWXT NOG-Lynchburg |
| References | |
| EA-21-171 IR 2021407 | |
| Download: ML21356B054 (4) | |
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
December 22, 2021
Mr. Jim Bittner Vice President and General Manager BWXT P.O. Box 785 Lynchburg, VA 24505-0785
SUBJECT:
BWXT NUCLEAR OPERATIONS GROUP-LYNCHBURG - PHYSICAL SECURITY CORE INSPECTION REPORT 07000027/2021407 AND APPARENT VIOLATIONS
Dear Mr. Bittner:
On November 4, 2021, the U.S. Nuclear Regulatory Commission (NRC) completed an onsite inspection at BWXT Nuclear Operations Group-Lynchburg. This in spection examined activities conducted under your license as they relate to safety and compl iance with the Commissions rules and regulations and with the conditions in your license. Within these areas, the inspection consisted of an examination of selected procedures and represen tative records, observations of activities, and interviews with personnel. The NRC inspector di scussed the preliminary results of this inspection with Mr. Steve Subosits and Mr. Jason Presley a nd other members of your staff.
On November 30, 2021, the NRC completed an in-office review and held a subsequent telephone discussion regarding its results with Mr. R. J. Freud enberger and other members of your staff. The results of the onsite inspection and in-office review are documented in the enclosed report.
Based on the results of this inspection and review, two apparen t violations (AVs) were identified, and are being considered for escalated enforcement action, in a ccordance with the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. The AVs are described in the Enclosure. The circumstances surrounding these AVs, the significance of the issues, and the need for lasting and effective corrective actions were disc ussed with members of your staff at the inspection exit meeting on November 30, 2021. As a resu lt, it may not be necessary to conduct a Pre-decisional Enforcement Conference (PEC) to enable the NRC to make an enforcement decision.
In addition, since you identified the violations and your facil ity has not been the subject of escalated enforcement actions within the last 2 years, and base d on our understanding of your corrective actions, a civil penalty may not be warranted in acc ordance with Section 2.3.4 of the Enforcement Policy.
LIMITED INTERNAL DISTRIBUTION PERMITTED
Enclosure(s) transmitted herewith contain(s) SUNSI. When separa ted from enclosure(s), this transmittal document is decontrolled.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
J. Bittner 2
The final decision will be based on you confirming on the licen se docket that the corrective actions previously described to the NRC staff have been or are being taken.
Before the NRC makes its enforcement decision, we are providing you an opportunity to: (1) provide a written response to the AVs or (2) request a Pre-deci sional Enforcement Conference (PEC). If a PEC is held, the NRC would issue a press release t o announce the time and date of the conference; however, the PEC would be closed to public obse rvation because Security-Related Information would be discussed. In addition, the PEC w ould be transcribed. If you decide to participate in a PEC, please contact Mrs. Jannette Wo rosilo, at 404-997-4485, within 10 days of the date of this letter. A PEC should be held withi n 30 days of the date of this letter.
If you choose to provide a written response, it should be clear ly marked as a Response to Apparent Violations in NRC Inspection Report No. 07000027/20214 07; EA-21-171, and should include for each AV: (1) the reason for the AV or if contested, the basis for disputing the AV; (2) the corrective steps that have been taken, and the results achieved; (3) the corrective steps that will be taken; and (4) the date when full compliance will be achieved. Your response may reference or include previously docketed correspondence if the correspondence adequately addresses the required response. Additionally, your response s hould be sent to the NRCs Document Control Center, with a copy mailed to Mr. Mark Franke, Division of Reactor Safety, Region II, 245 Peachtree Center Avenue, Suite 1200, Atlanta, Ge orgia 30303, within 30 days of the date of this letter. If an adequate response is not receiv ed within the time specified, or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a PEC.
If you choose to request a PEC, the conference will afford you the opportunity to provide your perspective on these matters, and any other information that yo u believe the NRC should take into consideration before making an enforcement decision. The decision to hold a PEC does not mean that the NRC has determined that a violation has occur red or that enforcement action will be taken. This conference would be conducted to obtain in formation to assist the NRC in making an enforcement decision. The topics discussed during th e conference may include information to determine whether a violation occurred, informat ion to determine the significance of a violation, information related to the identification of a violation, and information related to any corrective actions taken or planned. In presenting your co rrective action, you should be aware that the promptness and comprehensiveness of your actions will be considered in assessing any civil penalty for the AVs. The guidance in the e nclosed excerpt from NRC Information Notice 96-28, "Suggested Guidance Relating to Devel opment and Implementation of Corrective Action," may be helpful.
In addition, please be advised that the number and characteriza tion of apparent violations described in the enclosed inspection report may change as a res ult of further NRC review. You will be advised by separate correspondence of the results of ou r deliberations on this matter.
In accordance with Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public inspections, exemptions, requests for withholdings, of the NRC 's Agency Rules of Practice and Procedure, a copy of this letter will be available electronica lly for public inspection in the NRC Public Document Room, or from the Publicly Available Records (P ARS) component of NRC's Agencywide Documents Access and Management System (ADAMS); acce ssible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
J. Bittner 3
The material enclosed herein contains Security-Related Informat ion in accordance with 10 CFR 2.390(d)(1), and its disclosure to unauthorized individuals cou ld present a security vulnerability.
Therefore, the material in the enclosure will not be made avail able electronically for public inspection in the NRC Public Doc ument Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC W eb site at http://www.nrc.gov/reading-rm/adams.html. If Classified Information is necessary to provide an acceptable response, please provide the level of protection des cribed in 10 CFR 95.37. If Security-Related Information is necessary to provide an accepta ble response, please mark your entire response Security-Related Information in accordance with 10 CFR 2.390(d)(1) and follow the instructions for withholding in 10 CFR 2.390(b)(1). In acc ordance with 10 CFR 2.390(b)(1)(ii) the NRC is waiving the affidavit requirements o f your response.
If you have any questions, please contact me at 404-997-4600.
Sincerely,
/RA/
Mark Franke, Director Division of Reactor Safety
Docket No. 07000027 License No. SNM-42
Enclosure:
As stated
cc w/o encl: Distribution via LISTSERV
cc:
Christopher T. Terry, Manager Licensing and Safety Analysis BWXT Nuclear Operations Group, Inc.
Electronic Mail Distribution
Richard J. Freudenberger Environmental, Safety, Health & Safeguards Department Manager BWXT Nuclear Operations Group, Inc.
Electronic Mail Distribution
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION
ML21356B054 (Cover letter)
Cover Letter Report: x Non-Sensitive x Publicly Available x SUNSI Review Sensitive Non-Publicly Available OFFICE RII/DRS RII/DFFI RII/DRS RII/DFFI RII/EICS RII/Council NAME O. Smith Jr E. Michel J. Worosilo L. Suggs M. Kowal S. Price DATE 12/20/2021 12/16/2021 12/20/2021 12/20/2021 12/16/2021 12/17/2021
OFFICE OE RII/DRS NAME C. Rivera-Diaz M. Franke DATE 12/21/2021 12/22/2021