ML23143A329
| ML23143A329 | |
| Person / Time | |
|---|---|
| Site: | 11006254 |
| Issue date: | 05/19/2023 |
| From: | Peter Habighorst NRC/OIP |
| To: | Fleming J Holtec |
| References | |
| EA-23-053 | |
| Download: ML23143A329 (1) | |
Text
May 19, 2023
EA-23- 053
Jean A. Fleming Vice President, Licensing, Regulatory Affairs, & PSA Holtec International Krishna P. Singh Technology Campus 1 Holtec Blvd.
Camden, NJ 08104
SUBJECT:
HOLTEC INTERNATIONAL - EXPORT OF NUCLEAR REACTOR EQUIPMENT AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Ms. Fleming:
This letter regards U.S. Nuclear Regulatory Commissions (NRCs) response to a Holtec International (Holtec) letter dated April 24, 2023 (ADAMS Accession No. ML23130A242). In this letter, Holtec informed the NRC of its untimely submission of reports for certain exports of nuclear components. The letter discussed Holtecs late reporting of eight exports of reactor coolant pump heat exchangers to China for use in their CAP1000 Nuclear Power Plants (NRC Export License XCOM1308 under NRC docket No. 11006254). The letter stated that Holtec failed to make timely report submissions for the 1st quarter of calendar -year (CY) 2021, 3rd quarter of CY 2022, and 4th quarter of CY 2022.
Title 10 of the Code of Federal Regulations (10 CFR), Section 110.54(a)(1) specifies that reports of exports of nuclear equipment shipped during the previous quarter must be submitted by licensees making exports under a specific license by January 15, April 15, July 15, and October 15 of each year.
The NRC staff agreed that non-compliances of 10 CFR 110.54(a)(1) occurred. Specifically, Holtec failed to submit quarterly reports in CYs 2021 (1st quarter) and 2022 (3 rd and 4th quarter) for eight exports of reactor coolant pump heat exchangers to China. The NRC has assessed the violation (with three examples) as Severity Level IV in accordance with the NRC Enforcement Policy located on the NRCs website https://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
Because Holtec identified the violation, restored compliance by submitting the required reports, and placed the issue into their corrective action program as item # 3350, this violation is being treated as a Non-Cited Violation (NCV), consistent with Section 2.3.2 of the Enforcement Policy.
If you contest the NCV or its significance, you should provide a response within 30 days of the date of this inspection report, with the basis for your denial, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington DC 20555-0001, with copies to the Director, Office of International Programs United States Nuclear Regulatory Commission, Washington, DC 20555-0001.
J. Fleming In accordance with 10 CFR 2.390, a copy of this letter, its enclosures, and your letter to the Office of International Programs Deputy Director will be made available electronically for public inspection in the Public Document Room or from the NRCs Agency wide Documents Access and Management System, accessible from the NRC Website at https://www.nrc.gov/reading-rm/adams.html.
Please contact Mr. Ryan Justice at (301) 415-3282 if you have any questions regarding this matter.
Sincerely,
Peter Habighorst, Chief Export Controls and Nonproliferation Branch Office of International Programs
J. Fleming
SUBJECT:
HOLTEC INTERNATIONAL - EXPORT OF NUCLEAR REACTOR EQUIPMENT AND EXERCISE OF ENFORCEMENT DISCRETION (EA-23-053)
ADAMS Accession Number: ML OFFICE OIP/ECNP OIP/ECNP NMSS NAME RJustice AJones JRubenstone DATE 04/24/23 05/09/23 05/19/23
OFFICE OE BC:OIP/ECNP NAME DJones PHabighorst DATE 05/19/23 05/ /23 OFFICIAL RECORD COPY