ML23075A178
| ML23075A178 | |
| Person / Time | |
|---|---|
| Site: | BWX Technologies |
| Issue date: | 10/05/2022 |
| From: | Bittner J BWXT |
| To: | Laura Dudes Region 2 Administrator |
| References | |
| 22-061 2021-006 | |
| Download: ML23075A178 (1) | |
Text
OFFICIAL USE ONLY swx-rchnologies, Inc.
BWXT Company Confidential & Proprietary Withhold from Public Disclosure under 10 CFR 2.390 October 5, 2022 22-061 U.S. Nuclear Regulatory Commission, Region II Attn: Laura A Dudes Regional Administrator Marquis One Tower 245 Peachtree Center Ave. NE, Suite 1200 Atlanta, GA 30303-1257
Reference:
(1) License SNM42, 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 (3) Letter dated September 1, 2022, BWXT (Bittner) to NRC (Dudes), Request Regarding Predecisional Enforcement Conference for Apparent Violations in NRC Inspection Report No. 07000027/2021006 (4) Letter dated September 12, 2022, NRC (Dudes) to BWXT (Bittner), Response to Request Regarding Predecisional Enforcement Conference for Apparent Violations ill NRC Inspection Report No. 07000027/2021006
Subject:
Information to be Withheld from the PEC, Submitted under 10 CFR 2.. 390(b)(1)
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 response to o ur request, dated September 12, 2022 (Reference 4), respectfully requests that the infom,ation transcribed during the closed portion of the Predecisional Enforcement Conference (PEC), conducted on September 22, 2022, be withheld from public disclosure. This correspondence co ntains the required information to be submitted under 10 CFR 2.390(b)(1).
Official Use Only May be exempt from public relase under the Freedom of Information Act (5 U.S.C. 552)
Exemptinu r "'\ CC,¥1'111'\e.r , f CHi> ., /P.iw>eTN°'
Nam-;- - organization of person making daterfTl!nation 10/s- lzou_
BWXT Company Confidential & Proprietary fN</Xi NJCle.Jr Oper.'.1!1oni; Group, Inc:.
P.O. Box 785 Lyncnllurg VA 24505 L,GA OFFICIAL USE ONLY INNDVATIDN People Slrong DRIVEN>
t:
- lA34.6226000 wwwbWJ<t.oom
OFFICIAL USE ONLY BWXT Company Confidential & Proprietary Withhold from Public Disclosure under 10 CFR 2.390 If you ha\Je questions or require additional information, please contact Rich Freudenberger, Manager, Environment, Safety, Health & Safeguards, at rjfreudenberger@bwxt.com or 434-522-5175.
Sincerely, Ja s J. ner
,ce Pr-", d ent and
. General Manager BWXT Nuclear Operations Group, Inc. - Lynchburg w/Enclosure cc: NRC, Resident Inspector NRC, Eric Michel NRC. James Downs BWXT Company Confidential & Proprietary OFFICIAL USE ONLY People Strong 8.,_'XTNuc1*:ir0par=aroup,nc.
PO. Bex 785 Lyncn.buro, VA 24SOA; U6A t .. t.43 1i!2.&ooo www bwxt com INNOVATION DRIVEN >
OFFICIAL USE ONLY BWXT Company Confidential & Proprietary Withhold from Public Disclosure under 10 CFR 2.390 Enclosure (Pages - 2)
Official Use Only
-May be exempt tom public release under the Freedom of Information Act (5 U.S.C. 552)
ExemptlQn n ber '1 CCllol\1111'6-I"\ &. l
- t; ,-.PA, / Sw,n BWXT Company Confidential & Proprietary OFFICIAL USE ONLY People Strong 9WXT Huele:v Op...-r:illonc Qroup. ,nc.
P.O. tlol< 765 Lynchburg, VA 2-4505 USA t
- 1.434. 5?.2.!5000 www.bWl<l oom INNOVATION DRIVEN >
OFFICIAL USE ONLY BWXT Company Confidential & Proprietary Withhold from Public Disclosure under 10 CFR 2.390 Affidavit In Support of Withholding Information From Public Disclosure Under 10 CFR2.390 The Commonwealth of Virginia County of Campbell I, James J. Bittner, being first duly sworn, do hereby depose and say:
I.
II. I am presently employed by BWXT Nuclear Operations Group, Inc. in Lynchburg, Virginia, as the Vice President and General Manager of BWXT Nuclear Operations Group, Inc. - Lynchburg. I have held this position since March 1, 2021. I have knowledge of the facts set forth in this affidavit.
Ill. BWXT Nuclear Operations Group, Inc. requests that the information transcribed during the closed portion of the Predecisional Enforcement Conference (PEC) be withheld from public disclosure. As discussed in our letter dated September 1, 2022, the information presented during the closed portion of the PEC was sp ecific to potential human performance failures predicated on personnel (employee) files. The dissemination of such information would be an invasion of the personal privacy of our deceased employee and should be exempt from disclosure based on 10 CFR 2.390(a)(6)- "Personnel and medical files and similar files, the disclosure of wh;ch would constitute a clearly unwarranted invasion of personal privacy."
IV. Furthermore, the information presented during the closed portion of the PEC relates to issues that are the subject of separate non-public legal proceedings. As a result, disclosure of this information would not only be an invasion of the personal privacy of our deceased employee, it could also interfere with these separate proceedings, as well as prejudice BWXT in connection with these proceedings. As such, the transcript BWXT Company Confidential & Proprietary OFFICIAL USE ONLY ewxTNuc16,.,,oper."1t-on::Grcup,inc.
People Stron9 PO Sol< 765 - VA 24505 USA JNNDVATIDN DRIVEN t
- 1 43 522.eooo www.bwxt.com
OFFICIAL USE ONLY BWXT Company Confidential & Proprietary Withhold from Public Disclosure under 10 CFR 2.390 of the closed portion of the PEG should also be exempt from disclosure based on 1 O CFR 2.390(a)(7) - "Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:
(i) - Could reasonably be expected to interfere with enforcement proceedings; (ii) - Would depn*ve a person of a right to a fair trial or an impartial adjudication; (iii) - Could reasonably be expected to constitute an unwarranted invasion of personal privacy."
I declare, verify, and affirm under penalty of perjury that the foregoing is true and correct.
On this 5111 of October, 2022, personally appeared the above-named James J. Bittner and acknowledged the foregoing to be his free act and deed before me.
My Commission Expires: m- s/, 2<.,)2'/ Notary Public d:s'fti,r ?i:JJ ,.-
Prin N 7
(Seal)
BWXT Company Confidential & Proprietary OFFICIAL USE ONLY People Strong WXT Nucleai Operot io'lr. Grooo. Inc.
PO. Box. 765 Lyrchl>W'O. VA 24505 l.roA t:
- 1.434.6:Z:Z.8000 www.b\l/Xl.com INNOVATION DRIVEN >