ML20137M045

EN-97-016:on 970304,notice of Proposed Imposition of Civil Penalty in Amount of $12,500 Issued to Licensee.Action Based on Five Violations Involving Event low-enriched,unirradiated Fuel Assembly Inadvertently Returned in Original Container

ML20137M045
Person / Time
Site:	07001201
Issue date:	02/27/1997
From:	Lieberman J, Nader Mamish NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-538, EN-97-016, EN-97-16, NUDOCS 9704070359
Download: ML20137M045 (1)

Text

. . __ .. . .- -

i February 27, 1997 EN 97-016 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: B&W Fuel Company (EA 96-538)

Lynchburg VA Docket No. 70-1201 '

Sub.iect: PROPOSED IMPOSITION OF CIVIL PENALTY - $12.500 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $12.500 will be issued on or about March 4. 1997. to the B&W Fuel Company (B&W). The action is based on five violations involving an event in which a low-enriched, unirradiated fuel assembly was inadvertently returned in its original shi) ping container to its point of origin in Germany. The violations, which are 3eing characterized as a Severity Level III problem, include B&W's failure to: (1) follow its I

procedures for the downloading operation: (2) provide adequate 3rocedures for the downloading operation: (3) conduct a reasonable survey of t1e shipping container; (4) comply with numerous transportation requirements; and (5) adequately im)lement material control and accounting procedures to verify the presence of t1e fuel assembly.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $12.500 is considered for a Severity Level III problem. The staff determined that credit for identification is not warranted, given the ease of discovery of the problem, the prior opportunities cnat existed to identify the problem and the fact that the violations were not identified as a result of a licensee self-monitoring effort. Credit for corrective actions, however, is i warranted because of B&W's prompt and comprehensive actions.

It should be noted that the licensee has not been specifically informed of the enforcement action, lhe schedule of issuance and notification is:

l Mailing of Notice March 4, 1997 Telephone Notification of Licensee March 4, 1997 The State of Commonwealth of Virginia will be notified.

! The licensee has thirty days from the date of the Notice in which to respond.

l Following NRC evaluation of the response, the civil penalty may be remitted, j mitigated, or imposed by Order.

l Contacts: N. Hamish. OE. 415-2740 J. Lieberman. OE, 415-2741 Distribution OWFN OWFN TWFN Regional Offices Chairman Jackson EDO OC RI RIV Comm. Rogers DEDR AE0D PII WCF0 Comm. Dicus DEDO OP CTR RIII Comm. Diaz OE NMSS Comm. McGaffigan OGC IRM LiA_LL SECY NRR OIG NUDOCS OCA 01 RES PUBLIC PA SP ACRS

, IP /$g PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL sO s 9704070359 970227 VERIFICATION THAT LICENSEE HAS RECEIVED ACTION \ ()\}

, PDR It<E EN-97-016 PDR