ML23075A164

BWXT Technologies Request for Closed Predecisional Enforcement Conference (Dated 9-1-2022) Unsecured for ADAMS

ML23075A164
Person / Time
Site:	BWX Technologies
Issue date:	09/01/2022
From:	Bittner J BWXT NOG-Lynchburg
To:	Laura Dudes Region 2 Administrator
References
22-057 IR 2021006
Download: ML23075A164 (1)

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BWXT COMPANY CONFIDENTIAL & PROPRIETARY

September 1, 2022 22-057

Attn: Laura A Dudes Regional Administrator U.S. Nuclear Regulatory Commission, Region II Marquis One Tower 245 Peachtree Center Ave. NE, Suite 1200 Atlanta, GA 30303-1257

Reference:

(1) License SNM-42, Docket 70-27

(2) Letter dated June 6, 2022, NRC (Dudes) to BWXT (Bittner), BWXT Nuclear Operations Group, INC. - Lynchburg - NRC Inspection Report No.07000027/2021006 and Apparent Violations

Subject Request Regarding Predecisional Enforcement Conference for Apparent Violations in NRG Inspection Report No. 07000027/2021006

Dear Ms. Dudes:

BWXT Nuclear Operations Group, Inc. - Lynchburg (BWXT), in connection with the Apparent Violations (AVs) identified in Inspection Report No. 07000027/2021006 (Reference 2), and the upcoming Predecisional Enforcement Conference (PEC), respectfully requests that the PEC be closed to the public. As shown below, a closed meeting is consistent with the guidance contained in the NRC's Enforcement Manual (Rev. 11, Feb. 24, 2022).

Regarding whether a PEC will be public, the Enforcement Manual identifies the circumstances when it normally will be non-public. Similar circumstances exist here. For example, the issues here involve potential human performance failures, the discussion of which will be relevant to BWXT's response to the alleged programmatic failures identified in the referenced AVs. But if open to the public, the discussion will be inhibited based on, among other things, privacy concerns, similar to an action involving "personnel failures where the NRC has requested that the individual(s) involved be present." Enforcement Manual, Part I, Section 1.2.15.2.C.2.b.

Additionally, BWXT may choose to present information documented by NRC's Office Investigations (01) at the upcoming the PEC. Although the AVs do not indicate willfulness is an element of the violations, factual information documented by 01 may nonetheless be relevant to BWXT's response but have not yet been made public.

OFFICIAL USE ONLY

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BWXT COMPANY CONFIDENTIAL & PROPRIETARY

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The non-public nature of this information and potential relevance to BWXT's response to the AVs also supports holding a non-public PEC. Id. Section 1.2.15.2.C.2.c.

It also warrants noting that in responding to the AVs, the information disclosed during the PEC, if public, could make it possible for members of.the public to identify the individual whose life was lost as a result of the fire that occurred, which forms the subject of the AVs. This would be akin to a PEG involving a medical misadministration or overexposure that could not be conducted without disclosing personally identifying information about the individual involved. Id.

Section 1.2.15.2.C.2.e.

In summary, NRC's purpose in conducting the PEC - to obtain additional information related to the apparent violations -would be best served by conducting a closed PEC. Closure would in no way inhibit NRC's access to information and would in fact further it by allowing BWXT the ability to provide information freely.

ff you have questions or require additional information, please contact Rich Freudenberger, Manager, Environment, Safety, Health & Safeguards, at rjfreudenber ger@ bwxt.com or 434-522-5175.

e. Bittner ice resident and General Manager BWXT Nuclear Operations Group, Inc. - Lynchburg

cc: NRG, Resident Inspector NRC, Eric Michel NRC, James Downs

BWXT COMPANY CONFIDENTIAL & PROPRIETARY

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