ML24025A128

Westinghouse Electric Company, LLC 7050b Exemption Safety Evaluation Report

ML24025A128
Person / Time
Site:	Westinghouse
Issue date:	02/23/2024
From:	Jennifer Tobin NRC/NMSS/DFM/FFLB
To:	Westinghouse
Shared Package
ML24025A125	List: ML24025A127 ML24025A128 ML24025A129
References
EPID L-2023-LLE-0090
Download: ML24025A128 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

SAFETY EVALUATION REPORT Docket No.: 70-1151 License No.: SNM-1107 BACKGROUND

In a letter dated December 28, 2023 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML23362A136), Westinghouse Electric Company, LLC (Westinghouse),

submitted a request for an exemption from the reporting requirement for unplanned contamination events in Title 10 of the Code of Federal Regulations (10 CFR), Paragraph 70.50(b)(1) in certain circumstances. By email dated January 9, 2024 (ML24009A109), the U.S.

Nuclear Regulatory Commission (NRC) staff accepted the request for detailed review.

DISCUSSION

Section 10 CFR 70.50(b)(1)(i) provides that a licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of an unplanned contamination event that requires access to the contaminated area by workers or the public to be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by imposing additional radiological controls or by prohibiting entry into the area. In its submittal, Westinghouse requested an exemption from this requirement in 10 CFR 70.50(b)(1) for situations due to an unplanned contamination event within the Westinghouse Contamination-Controlled Area (CCA),

located within buildings that require worker access be restricted for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> by the imposition of additional radiological controls or by prohibiting entry into the area.

Westinghouse is not seeking an exemption that would alter reporting requirements in 10 CFR 70.50(b)(1) for situations due to an unplanned contamination event outside of the established CCA of any building. This includes non-controlled areas such as adjacent hallways, rooms, rooftops, and outdoor areas. The exemption would not preclude reporting unplanned contamination events by other NRC requirements such as 10 CFR 20.2202 Notification of incidents", 10 CFR 20.2203 "Reports of exposures, radiation levels, and concentrations of radioactive material exceeding the constraints or limits, and appendix A to Part 70 Reportable Safety Events that result in a failure to meet the performance criteria of 10 CFR 70.61 (i.e., a high or intermediate consequence event).The CCA is designed to safely contain and control radioactive releases that may result from normal operations or maintenance activities. The design protects the health and safety of workers, the public, and the environment.

Westinghouse provided the following technical justification:

1. Established and posted CCAs that may require additional controls reside within the licensed Controlled Access Area (CAA) which are not accessible to the public. The established CCAs are clearly posted and reside within a fenced enclosure of the site designated as the CAA with restricted access. The CAA is maintained in accordance with applicable NRC security requirements of 10 CFR Part 73 and the site Physical Security Plan. The CAA is also controlled as a Restricted Area as defined in 10 CFR 20.1003. Access to the CAA is restricted to individuals that have completed site specific training requirements or individuals that are formally escorted. At no time can members of the public access the CAA without being escorted or trained.

Enclosure 1

2. Controls are imposed as necessary to keep radiation exposures and releases As Low as Reasonably Achievable (ALARA). Westinghouse maintains and implements an effective Radiation Protection Program to keep worker exposures ALARA. The Radiation Protection Program implements the requirements in 10 CFR 20.1101 and includes engineered and administrative exposure control practices as described in approved procedures to protect workers. These controls are an integral part of the overall Radiation Protection Program that is routinely inspected by the NRC.

Operations are conducted in accordance with approved procedures for routine work in CCAs that provide flexibility for upgrading and downgrading controls in response to changing radiological conditions. This includes adjustments to protective clothing, respiratory protection, and access requirements to portions of a CCA which are anticipated and at times prudent to minimize personnel exposure. Downgrading controls after such operations requires a radiological survey and approval by a Radiation Protection Technician (RPT).

3. Radiation protection personnel are trained and qualified in contamination control and are readily available. Westinghouse provides sufficient RPT staffing on each production shift to monitor and respond to changing radiological conditions in a CCA to ensure appropriate and timely actions are taken. The RPTs are trained in contamination control procedures and techniques required for responding to a contamination event and are readily available to respond as needed. The RPTs must successfully complete a rigorous training and qualification program prior to performing unsupervised activities and complete periodic refresher training to continue unsupervised work. In addition, Westinghouse employs a Radiation Safety Health Physicist (HP) to provide guidance and technical radiation safety expertise to the RPTs.

4. Equipment and facilities that may be needed for contamination control are readily available. The CCAs are designed to control contamination in areas at the Columbia Fuel Fabrication Facility where un-encapsulated uranium is routinely handled. These controls include engineered features such as ventilated areas designed to provide air flow from areas of lesser potential contamination to areas of higher potential contamination. Activities and process equipment that could potentially generate airborne uranium are designed with ventilated enclosures, hoods, dust capturing exhaust ports, local exhaust systems and other devices to minimize the release of uranium in work areas. The air and gases from fuel manufacturing processes are exhausted as appropriate through an engineered filtration system prior to being recirculated back into work areas or exhausted to the environment in accordance with applicable regulatory limits. Routine engineered and facility controls, designed to minimize exposures and/or a release, include shutting down equipment, adding localized exhaust ventilation, and closing or reducing containment hood openings.

5. Radiation surveys of unplanned contamination events in CCAs are performed and are available for the NRC inspection upon request. Appropriate radiation surveys are performed by qualified personnel during and after an unplanned contamination event as necessary to assess radiological conditions and provide the appropriate response.

The type of survey is determined by the staff HP as described in the license and in accordance with approved procedures. Survey results are compared to specified action levels and when contamination levels in excess of action levels are found, appropriate actions are taken, and the affected area is decontaminated in a safe and

2 timely manner. Survey records for contamination events are documented pursuant to 10 CFR 20.2103 and are available for review.

6. Formal nuclear safety training is required for unescorted workers entering a CCA.

Unescorted workers in CCAs are trained on methods to reduce radiation exposures including contamination controls and response actions for abnormal or upset conditions. The computer-based training includes information about radiation and radioactive materials, precautions and procedures to minimize exposure, the purposes and functions of protective devices employed; and describes the responsibility to promptly report any condition which may lead to or cause a violation of the NRC regulations, and/or of the site license(s) or cause an unnecessary exposure to radiation and/or radioactive material. The training also includes nuclear criticality safety principles and the appropriate response to warnings made in the event of any unusual occurrence or malfunction that may involve exposure to radiation and/or radioactive material. Retraining occurs at least every calendar year. The effectiveness of the training program is evaluated by either the initial training exam or the retraining exam. Visitors to a CCA are escorted by trained personnel, as described above.

Westinghouse stated that significant resources are required for timely evaluation and preparing the initial event notification to the NRC per 10 CFR 70.50(b)(1) and follow-up written reports per 10 CFR 70.50(c)(2), on the order of $40,000 per single unplanned contamination event inside an established contamination controlled area to perform the initial evaluation, initial investigation, generate the initial notification, and generate the follow-up reports. The frequency of these events is on average from 2 to 4 times per year.

Should the exemption be granted by the NRC, Westinghouse stated that unplanned contamination events subject to the exemption will be documented in the Westinghouse Corrective Action Program. The NRC staff notes that the NRC inspectors review and reference the items in the corrective action program during NRC inspections. The results of these inspections are documented in quarterly inspection reports and publicly available in ADAMS.

Regulatory Requirements

Section 70.17 of 10 CFR states that the Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law, and will not endanger life or property or the common defense and security, and are otherwise in the public interest.

The exemption is otherwise authorized by law

The NRC staff has determined that granting the licensees proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws and therefore is otherwise authorized by law.

The exemption will not endanger life or property or the common defense and security

During its independent evaluation of the exemption request, the NRC staff considered the justification provided by the licensee and reviewed the requirements in the radiation safety program required under the license. The radiation safety program requires: (a) written radiation protection procedures and radiation work permits, (b) the use of ventilation systems, containment systems, and respirators to control exposure to airborne radioactive material, (c)

3 the use of protective clothing to prevent the spread of surface contamination, (d) the use of surveys and monitoring programs to document contamination levels and exposures to workers, and (e) identification of items relied on for safety and management measures to maintain those items available and reliable. In addition, the NRC staff determined that the licensee has personnel adequately trained and qualified in contamination control who would be readily available, as needed. The NRC staff also determined that the licensee has readily available equipment and facilities to control contamination.

The proposed exemption would be limited to areas controlled for contamination where multiple controls are in place to limit access to qualified individuals. The NRC staff determined that additional limitations were necessary to ensure protection of the public health and safety.

Specifically, the NRC staff determined that exemption should be limited to contamination events where the release of radioactive material is contained to the CCA and where no contamination has spread outside the controlled area. Furthermore, the NRC determined that, to ensure access to operational data and information related to contaminated events, the exemption should be limited to contamination events that are documented in the licensees Corrective Action Program. Accordingly, the exemption is limited to the following safety condition:

S-21 Notwithstanding the requirements of 10 CFR 70.50(b)(1), as requested in the license amendment request dated December 28, 2023 (ML23362A136), the licensee is exempted from the requirement to notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of unplanned contamination events when the following conditions are met:

1. The event occurs in a restricted area which is maintained inaccessible to the public by multiple access controls,

2. The area was controlled for contamination before the event occurred, the release of radioactive material is contained within the Contamination-Controlled Area, and no contamination has spread outside the Contamination-Controlled Area,

3. Radiation safety personnel trained in contamination control are readily available,

4. Equipment and facilities that may be needed for contamination control are readily available, and

5. The otherwise reportable unplanned contamination event is documented in the licensees Corrective Action Program.

Based on the limited scope of the exemption, and the access and contamination controls, training, radiation surveys and other ALARA measures described in the application, the NRC staff has determined that granting the exemption as stated above will not endanger life or property. In addition, the NRC staff has determined that the exemption does not involve information or activities that could impact the common defense and security.

The exemption is otherwise in the public interest

The NRC staff has determined that granting this exemption request is otherwise in the public interest because it promotes regulatory efficiency. The exemption relieves Westinghouse from a reporting requirement for unplanned contamination events that do not present a risk to public

4 health and safety under the conditions and programs described above. Specifically, the exemption would relieve the licensee from generating reports of contamination events in controlled areas where the release of radioactive material is contained to the CCA, and no contamination has spread outside the CCA. The CCA is designed to safely contain and control radioactive releases that may result from normal operations or maintenance activities.

Granting the exemption will allow the licensee to focus the resources required to fulfill the reporting requirement on other activities. In addition, it would relieve the NRC staff from receiving and processing reports which do not present a risk to public health and safety.

ENVIRONMENTAL REVIEW

The NRC approval of this exemption request is categorically excluded under10 CFR 51.22(c)(25)(vi)(B). The NRC staff has determined that the exemption involves reporting requirements and satisfies the following criteria:

a. There is no significant hazards consideration.

b. There is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite.

c. There is no significant increase in individual or cumulative public or occupational radiation exposure.

d. There is no significant construction impact, and

e. There is no significant increase in the potential for, or consequences from, radiological accidents.

There is no significant hazards consideration because the proposed exemption involves reporting contamination events in areas controlled for contamination. There is no significant change in effluents or public radiation exposure because the exemption is limited to events where contamination has not spread outside of controlled areas. There is no significant increase in occupational radiation exposure because the licensee will continue to monitor and control worker exposures. There is no significant construction impact because the exemption does not relate to construction. Nor is there any significant increase in the potential for or consequences from radiological accidents because the exemption will not alter any of the assumptions or limits in the facility licensees safety analysis.

Therefore, in accordance with 10 CFR 51.22(c)(25), neither an environment assessment nor an environmental impact statement need be prepared in connection with the approval of this exemption request.

CONCLUSION

Based on its review above, the NRC staff concludes that the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC staff finds that Westinghouses request meets NRC exemption requirements.

PRINCIPAL CONTRIBUTOR:

J. Tobin, NMSS

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