ML20198B289

Issues NOED Not to Enforce Compliance with Criticality Accident Alarm Sys Technical Safety Requirements Until NRC Issues Amend to Extend Completion Dates for Compliance Plan Issues 46 & 50,per Usec 981105 Certificate Amend Request

ML20198B289
Person / Time
Site:	07007001
Issue date:	12/15/1998
From:	Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	John Miller UNITED STATES ENRICHMENT CORP. (USEC)
References
TAC-L32103, NUDOCS 9812180132
Download: ML20198B289 (2)

Text

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• ua k [ 4 UNITED STATES 5

. n[ j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.c. 20665-0001 7ps /#9 (

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December 15, 1998 <

3-Mr. James H. Miller - -

t Vice President, Production

, U. S. Enrichmerst Corporation 2 Democracy Center 6903 Rockledge Drive T Bethesda, MD 20817  ;

i. .

SUBJECT:

NOTICE OF ENFORCEMENT DISCRETION: PADUCAH CRITICALITY p~ 1

ACCIDENT ALARM SYSTEM AUDIBILITY UPGRADES, COMPLitsNCE PLAN ISSUES 46 AND 50 (TAC NO. _L32103) 4 i~

Dear Mr. Miller:

, On November 5,1998, the United States Enrichment Corporation (USEC) submitted a

? Certificate Amendment Request to extend the completion dates for Compliance Plan issue 46,

~

" Criticality Accident Alarm System--Horn Audibility," and issue 50," Criticality Accident Alarm for i y Nearby Buildings," and thereby e'xtend the dates by which you would be required to comply with ,

3 the associated criticality accident alarm system (CAAS) Technical Safety Requirements (TSRs).

By letter dated December 7,1998, the U.S. Nuclear Regulatory Commission (NRC) provided 4 USEC copies of its safety assessment in the form of a Compliance Evaluation Report and

[ L significance determination in the form of a Federal Register notice. However, the NRC cannot -

e issue the associated amendment until the public participation process has expired.

' By letter dated December 15,1998, you requested that the NRC exercise discretion not to p enforce compliance with the actions required in the applicable TSRs in Sections 2.1.4.5(b),

2.3.4.7(b),2.4.4.2(b), and 2.6.4.1(b). The letter documented information previously discussed

,; during a telephone conversation with NRC staff on December 14,1998. You requested that a

, Notice of Enforcement Discretion (NOED) be issued pursuant to the NRC's policy regarding l exercise of discretion for an operating facility, set out in Section Vll.C, of the " General ,

Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy), i  !

NUREG-1600, Revision 1, and be effective for the period until the NRC issues an amendment p to extend the cornpletion dates for Compliance Plan Issues 46 and 50.

Yourletaer states that compliance with these TSRs could result in the interruption of stable plant operations, could produce undesirable process equipment shutdowns, and could significantly f fj curtail plant operations without corresponding safety, safeguards, security, or environmental benefit. Based on your justification, the circumstances of this case, and the staff's evaluation, M\ l

' the NRC has concluded that an NOED is warranted.? The staff is satisfied that this NOED  !

s involves minimal or no safety impact and has no adverse radiological impact on public health

'and safety. The NRC is hereby issuing this NOED not to enforce compliance with the actions requimd by the stated TSRs, and to be effective immediately until the NRC issues an amendment to extend the completion dates for Compliance Plan Issues 46 and 50. USEC shall 9812180132 981215 i PDR ADOCK 07007001 NHg ME BETM 88PY  !

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- implement the Justifications for Continued Operation (JCOs) contained in Compliance Plan issues 46 and 50 until NRC issues the amendment. If those JCOs cannot be met due to other

- plant conditions, USEC shall notify NRC immediately.

However, as stated in the Enforcement Policy, enforcement action will normally be taken, to the

, . extent that violations were involved, for the root cause that led to the noncompliance for which p this NOED was necessary.

, a .

', - If you have any questions, please contact Ms. Yen-Ju Chen, Acting Project Manager for

, Paducah, at (301) 415-f.,615.

i Sincerely, i

MM%

Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards

]:

) Docket 70-7001 l Certificate GDP-1 i- x cc: Mr. Steven Toelle, USEC -

4 Mr. Howard Pulley, PGOP Mr. Randall DeVault, DOE i

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plSTRIBUTION:(Control No. 520S)urPUBLIC

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