ML22188A107
| ML22188A107 | |
| Person / Time | |
|---|---|
| Issue date: | 01/26/2023 |
| From: | Division of Fuel Management |
| To: | Thermo Fisher Scientific |
| M.SHOEMAKER NMSS/DFM/MCAB 3014157363 | |
| Shared Package | |
| ML22188A104 | List: |
| References | |
| EA-22-031 | |
| Download: ML22188A107 (6) | |
Text
SUMMARY
OF BASIS OF APPARENT VIOLATIONS
U.S. Nuclear Regulatory Commission (NRC) staff conducted a records review from December 2021 through October 2022. The review examined the export of radiological material to a nuclear power plant in the Republic of Korea in 2021, the attempted export of material to Spain in 2022, and the reporting of nuclear material transaction reports to the Nuclear Materials Management and Safeguards System (NMMSS). The purpose of the review was to determine whether Thermo Fisher Scientific was in compliance with requirements for exporting special nuclear material and for reporting nuclear material transaction reports to NMMSS.
Thermo Fisher Scientific is located in the State of California. Thermo Fisher Scientific holds several NRC export licenses, and is a registered reporting entity to NMMSS.
The staff determined that on December 28, 2018, Thermo Fisher Scientific shipped HEU contained in two neutron flux monitoring systems (i.e., fission chambers) to Shin-Kori, Unit 4, in the Republic of Korea. Each shipment contained a single fission chamber with 11 grams of U-235. This amount exceeded the general license provisions of 10 CFR 110.21. At the time of the transfer on December 28, 2018, Thermo Fisher Scientific did not have a specific license authorizing the exports to this location.
The export license held by Thermo Fisher Scientific at the time of transfer (XSNM3775) authorized exports of up to 8 grams of U -235 per detector. Even if Shin-Kori, Unit 4, had been authorized on License XSNM3775, the shipment ( 11 grams U-235 per detector) exceeded the amount authorized per detector.
Thermo Fisher Scientific submitted an application on October 26, 2018, approved on March 11, 2019, that authorized HEU exports (up to 8 grams of U-235 per device) to Shin-Kori, Unit 4, however the December 28, 2018 shipment occurred prior to the license issue date. In addition, staff noted that the fission chambers shipped on December 28, 2018 contained 11 grams of U-235 which exceeded the amount (i.e., 8 grams) requested in the license.
The staff determined that on November 21, 2021, T hermo Fisher Scientific reported the December 28, 2018 export transactions in NMMSS using an incorrect export license, which produced an error in the NMMSS reporting system. NMMSS staff contacted Thermo Fisher Scientific to resolve the error, and confirmed that:
(1) the export was unauthorized (as described above), and (2) the transfer was reported later than required by 10 CFR 150.16(a)(1), that specifies shipments be reported by the close of business the next working day).
In 2021, NRC conducted a review of Thermo Fisher Scientifics annual material status reports made pursuant to the reporting requirement contained in 10 CFR 150.17 "Submission to Commission of nuclear material status reports." Thermo Fisher Scientifics annual material balance period is per calendar year (CY, January 1 - December 31). The staff reviewed the reports covered reporting periods CY2018 (report due no later than March 31, 2019), CY2019 (report due no later than March 31, 2020), and CY2020 (report due no later than March 31, 2021). Thermo Fisher Scientific submitted the 3 years of inventory reports on January 22, 2021.
The staff determined that the reports for CY18 and CY19 were not submitted by the required date.
Enclosure 2 The staff determined that on July 1, 2022, Thermo Fisher Scientific attempted to ship HEU contained in two neutron flux monitoring systems (i.e., fission chamber) to Central Nuclear Asco Avenida de la Central, in Spain. The shipment was detained by FEDEX at a shipping facility in Spain due to missing documentation. Subsequently, FEDEX returned the components to Thermo Fisher Scientific. The export contained two fission chambers each containing about 4 grams of U-235 isotope weight, for a total of 8 grams U-235. This amount exceeded the general license provisions of 10 CFR 110.21. At the time of the transfer on July 1, 2022, Thermo Fisher Scientific did not have a specific license authorizing the exports to this location.
Enclosure 2 2