ML20135F465

Informs That Info Is Needed to Provide Addl Assurance That New Dates Will Actually Be Met Re Certificate Amend Request for Change to Portsmouth Compliance Plan Due Dates for Nuclear Criticality Safety Related Issues

ML20135F465
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant
Issue date:	12/10/1996
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	John Miller UNITED STATES ENRICHMENT CORP. (USEC)
References
TAC-L632004, TAC-L632005, NUDOCS 9612130074
Download: ML20135F465 (3)

Text

< o 40 - 7oo g

?g y- .

lt UNITED STATES e E NUCLEAR 'EGULATORY COMMISSION WASHINGTON, D.C. 20a55-0001 December 10, 1996

% +. * * * /'

Mr. James H. Miller Vice President, Production U. S. Enrichment Corporation 2 Democracy Center 6903 Rockledge Drive Bethesda, MD 20817

SUBJECT:

CHANGES TO PORTSMOUTH COMPLIANCE PLAN DUE DATES FOR NUCLEAR CRITICALITY SAFETY RELATED ISSUES (TAC NO. 632004) AND AN HEU RELATED ISSUE (TAC NO. 632005)

Dear Mr. Miller:

This refers to your certificate amendment request dated October 31,1996 (GDP 96-0190) for a change to the Portsmouth Compliance Plan due dates for nuclear criticality safety (NCS) related issues, and the request dated November 4,1996 (GDP 96-0192) for a change to a due date for an issue related to high enriched uranium (HEU).

Your October 31 letter requests extension of the deadline for completion of the Nuclear Criticality Safety Approvals (NCSAs) and NCS Evaluations (NCSEs), as described in Compliance Plan issue 8, from November 30,1996 to January 31,1997. Your letter also requests extensions for deadlines for related NCS commitments in Compliance Plan issues 9, 23, 24, 30, and 32 to February 28,1997. You state that completed or draft NCSAs and NCSEs have indicated a need for minor facility modifications, and you described some examples and indicated that you expected additiv # modifications to be needed.

However, your letter does not provide sufficient information for us to conclude these delays were unavoidable, or that better planning and resource allocation would have prevented the need for extensions. In light of the importance of nuclear criticality safety, and the fact that the NCSA/NCSE development effort has been underway for a considerable period of time, we are concerned about the level of management attention being provided to this matter by USEC. The Compliance Plan schedules are regulatory commitments and should not be delayed without adequate justification. Your current recuests and any further requests must meet this standard. NRC must have confidence that the commitments on which its certification decision is based will be met. Failure to complete Compliance Plan actions on schedule without prior NRC approval constitutes noncompliance subject to potential enforcement action. We expect USEC to devote ld appropriate management attention to assuring that commitments are met. '

/

With respect to the request to extend NCS related due dates, information is needed to provide edditional assurance that the new dates will actually be met. Please provide information which shows how many of the NCSAs and NCSEs have been completed and how many are yet to be completed. Also, provide a detailed schedule that shows the 9

PDR 2 3b7 N2 ADOCK 07007002

[- b

y. i$ -,-, mea mm NKC HLE/ CENTER COPY DMC M f gf

~

t .

Mr.~3. H. Miller  ;

The staff is concerned that your request for extension of the HEU date from November 15,

1996 to February 28,1997 does not allow adequate time to reduce the HEU inventory to permitted quantities in the event the Russian sample cylinders do not arrive. Transition cannot occur if the HEU in excess of permitted quantities is located in USEC leased space. i Additionally, in the discussion of your contingency plan, please clarify when the plan would '

1 be implemented and how transferring the contents of the Hoke tubes to the Russian sample cylinders (size unknown) would allow the site to remain within permitted quantities

of HEU. Given these uncertainties, the staff may grant schedule relief to February 1,1997 for your HEU date, but relief to February 28,1997 is not contemplated, i

If you have questions regarding these issues, please contact Mr. Carl Sawyer at (301) 415-8174.

-1 i Sincerely, l

i Original Signed By 4 Elizabeth O. Ten Eyck, Director

. Division of Fuel Cycle Safety 4

and Safeguards, NMSS cc: J. Dale Jackson, DOE Docket: 70-7002 4

k DISTRIBUTION: (Control Nos. 0105 and 0205)

Docket 70-7002 (NRC File' Center / PUBLIC GShear, Rlli CCox, Rlll i KO'Brien, R-lll SPB r/f FCSS r/f NMSS r/f a

G:\ Miller i .  !

OFC ,GPB SPB C [ ff SP), SPB,g (L FCSg j NAME WSawyer:ij Y MHorn f diey [dbrtin RPih on ETekEyck DATE /2./5/ /96 /A /r/96 / /96 Gjt//96 D- /b /p //0/96 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY f

s

a

• 4 Mr. J. H. Miller 2-how many are yet to be completed. Also, provide a detailed sc dule that shows the timeframe for each item to be completed.

The staff is concerned that your request for extension the HEU date from November 15, 1996 to February 28,1997 does not allow adequaty ime to reduce the HEU inventory to permitted quantities in the event the Russian sam,pfe cylinders do not arrive. Transition cannot occur if the HEU in excess of permittedAuantities is located in USEC leased space.

Additionally, in the discussion of your conti g'ency plan, please clarify when the plan would be implemented and how transferri the contents of the Hoke tubes to the Russian sample cylinders (size unknown) would41 low the site to remain within permitted quantities of HEU. Given these uncertainties,Jhe staff may grant schedule relief to February 1,1997 for your HEU date, but relief to F bruary 28,1997 is not contemplated.

If you have questions regard' g these issues, please contact Mr. Carl Sawyer at (301) 415 8174.

Sincerely, j Original Signed By Elizabeth O. Ten Eyck, Director Division of Fuel Cycle Safety and Safeguards, NMSS c . J. Dale Jackson, DOE Docket: 70-7002 i

i l

DISTRIBUTION: (Control Nos. 0105 and 0205)

Docket 70-7002 NRC File Center PUBLIC GShear, Rlil CCox, Rill KO'Brien, R-ill SPB r/f FCSS r/f NMSS r/f G:\ Miller OFC _

SPB ,g. SPB .a SPB h SPB SPB FCSS NAME Ofbawyer:ij MHom 7bkHoadley DMartin RPierson ETen Eyck DATE /1 /5/96 / /96 I2- /$96 / /96 / /96 / /96 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY