ML20198F252

Discusses Portsmouth & Paducah Gaseous Diffusion Plants Re Criteria for Identifying Deficient Closure of Reopening of Compliance Plan Issues.Associated CAR Should Likewise Be Provided to DOE by 990131

ML20198F252
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	12/18/1998
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	John Miller UNITED STATES ENRICHMENT CORP. (USEC)
References
GL-91-18, TAC-L32104, NUDOCS 9812280078
Download: ML20198F252 (3)

Text

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WASHINoToN, D.C. 20566-0001 December 18, 1998

'+9 . . . . . p Mr. James H. Miller Vice President, Production )

U. S. Enrichment Corporation 2 Democracy Center 6903 Rockledge Drive Bethesda, MD 20817

SUBJECT:

PORTSMOUTH AND PADUCAH GASEOUS DIFFUSION PLANTS: CRITERIA FOR IDENTIFYING DEFICIENT CLOSURE OF AND REOPENING OF COMPLIANCE PLAN ISSUES (TAC NO. L32104) 1

Dear Mr. Miller:

l This refers to your letter dated December 9,1998, that responded to our letter dated )

November 25,1998, in your letter you further refined and clarified the criteria, which you l proposed in your letter dated November 5,1998, for detarmining whether the completion ]

of an action prescribed in the Portsmouth or Paducah Compliance Plans (cps) was )

deficient and warrants further action and for reopening improperly completed CP issues,  ;

, based on our comments of November 25,1998. l l l The NRC staff reviewed your (1) revised criteria along with the corresponding basis and I (2) proposed criteria for reopening CP issues. Regarding the former, the NRC determined l that your criteria for determining if a CP action is deficient are adequate. The opening of a CP issue for the purpose of addressing a specific action is satisfactory. However, the NRC staff determined that any discovery of a deficient CP action will require that its associated CP Justification for Continued Operation (JCO) be immediately reinstated. If USEC determines that a JCO different from the one included in the CP would be more effective, then this new JCO will be implemented immediately and a written justification for the new JCO shall be provided to the NRC within 10 days of determining the deficient CP action. This direction is not intended to negate the need for immediate operability determinations in accordance with Generic Letter 91-18, "Information to Licensees Regarding Two inspection Manual Sections on Resolution of Degraded and Nonconforming Conditions and Operability," as noted in your December 9, letter. 1 1

Regarding your proposed criteria for reopening deficient CP issues, the NRC staff l determined that further revisions are warranted. Your criteria for reopening CP issues I differ from the NRC suggested criteria in that, according to your criteria, a CP issue will not be reopened if the time to complete any necessary corrective actions to resolve the deficiency will not exceed nine months (as opposed to three months suggested in NRC's November 25,1998, letter) from the date that the CP action is determined to be deficient.

The NRC staff has evaluated your reasoning and developed an alternate timeframe which does not account for the period of time for NRC to process the associated amendment.

Specifically, USEC is expected to submit ' certificate amendment requests for deficient CP issues to NRC within two months of determining an issue deficient. This allows one I month for USEC corrective action development and one month for DOE approval and )  ;

submijtal of the Certificate Amendment Request (CAR) to NRC. { (y3 ;Ol 9812280078 981218 PDR - '

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Mr. Jamas H. Miller 2 USEC also differs from ths NRC suggssted criteria for reopsning CP issues in that

, according to USEC's criteria, a deficient CP action may not result in the reopening of a CP issue if the, deficient action involves AQ systems, and Q, AQ-NCS and AQ processes or programs, or is significant in terms of worker /public safety or safeguards. The NRC staff disagrees. Therefore, the NRC staff requests that you revise your criteria for reopening CP actions as follows:

Deficient CP lssues will be reopened through a certificate amendment request (CAR) if: (a) the noncompliance addressed by the deficient action has not already been corrected, (b) the time to complete any necessary corrective actions to resolve the deficiency will exceed two months from the date that the CP action is determined to be deficient and is submitted to NRC as a CAR, and (c) if the deficient CP action is determined to be significant in terms of worker /public safety or safeguards or involves Q, AQ-NCS, or AQ systems, processes or programs.  !

l The NRC staff agrees with USEC's determination to reopen C.P issues 8,9, and the '

portion of 23 which relates to AQ-NCS systems. However, the NRC staff does not agree with the date of March 15,1999, proposed by USEC for submitting the associated CARS to DOE. The NRC staff sees no reason why the CARS cannot be prepared and submitted to DOE by January 31,1999, since the deficiencies and therefore the descriptions of noncompliances are already known and the current Nuclear Criticality Safety (NCS)

Corrective Actions Program (CAP) already addresses the Plan of Action and Schedule, in addition, the revised criteria for reopening CP issues noted above would require that issue 18, " Emergency Packets," also be reopened. The associated CAR should likewise be provided to DOE by January 31,1999.

Other than the above noted comments, the NRC staff finds all other proposals contained in USEC's December 9,1998, letter to be acceptable. The NRC staff expects USEC to implement the provisions outlined in this letter and for USEC to meet the January 31, 1999, date for submittals. If you have any questions regarding this matter, please contact Yawar Faraz at (301) 415 8113 or Melanie Galloway at (301) 415-7266. Please reference the above TAC No in future correspondence related to this subject.

Sincerely, Elizabeth Q. Ten Eyck, Director Division of Fuel Cycle Safety and Safeguards, NMSS Dockets 70-7001 and 70-7002 Certificates GDP-1 and GDP-2 cc: Mr. Randall DeVault, DOE-OR Mr. Morris Brown, PORTS Mr. Howard Pulley, PGDP DISTRIBUTION: (Control No. 440s)

Dockets 70-70o170-7002 'NRC File Coider7PuBUC KO'Brien, Rtil CCox KWinsberg, oGC NMSS r/f FCSS r/f WTroskoski, FCOB SPB r/f JJacobsen, Rlil DHartland, Rl!I NMamish, oE YChen AnCPCRl2.YHF.wpd 'See previous concurrence oFC 'SPB 4 SPB

• Rill SPB b 'SPB FCS NAME YFarar:ij JMuskiewicz k y RPierson ETe yck DATE 12/17/98 12/17/98 12/17/98 12/18/98 12/17/98 12//( /98 C = cover E = cover & ENCLOSURE N = No COPY

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• Mr. Jemts H. Miller 2 USEC also differs from the NRC suggssted criteria for reopening CP issues in that

, according to USEC's criteria, a deficient CP action may not result in the reopening of a CP issue if the deficient action involves AQ systems, and Q, AQ-NCS and AQ processes or prog' rams,'or is significant in terms of worker /public safety or safeguards. The NRC staff disagrees. Therefore, the NRC staff requests that you revise your criteria for reopening CP tions as follows:

Deficient CP issues will be reopened through a certificate amendment request (CAR) if: (a) the noncompliance addressed by the deficient action has not already en corrected, (b) the time to complete any necessary corrective actions to res ve the deficiency will exceed two months from the date that the CP action is deter ined to be deficient and is submitted to NRC as a CAR, and (c) if the deficien CP action is determined to be significant in terms of worker /public safety I or safegua s or involves Q, AQ-NCS, or AQ systems, processes or programs.

The NRC staff agrees b USEC's determination to reopen CP lssues 8,9, and the portion of 23 which relate to AQ-NCS systems. However, the NRC staff does not agree 1 with the date of March 15,1 9, proposed by USEC for submitting the associated CARS

)

to DOE. The NRC staff sees no ason why the CARS cannot be prepared and submitted to DOE by January 31,1999, since he deficiencies and therefore the descriptions of noncompliances are already known an he current Nuclear Criticality Safety (NCS)

Corrective Actions Program (CAP) already dresses the Plan of Action and Schedule. In addition, the revised criteria for reopening C sues noted above would require that issue 18, " Emergency Packets," also be reopened. Th associated CAR should likewise be provided to DOE by January 31,1999. 1 I

Other than the above noted comments, the NRC staff fin all other proposals contained in USEC's December 9,1998, letter to be acceptable. The C staff expects USEC to implement the provisions outlined in this letter and for USEC to eet the January 31, 1999, date for submittals. If you have any questions regarding thi matter, please contact Yawar Faraz at (301) 415-8113 or Melanie Galloway at (301) 415-7 6. Please reference the above TAC No, in future correspondence related to this s 'ect. I Sincerely, Elizabeth O. Ten Eyck, Director Division of Fuel Cycle Safety and Safeguards, NMSS Dockets 70-7001 and 70-7002 Certificates GDP-1 and GDP-2 cc: Mr. Randall DeVault, DOE-OR Mr. Morris Brown, PORTS Mr. Howard Pulley, PGDP DISTRIBUTION: (Control No. 440S)

Dockets 70-7001 70-7002 NRC File Center PuBUC KO'Brien, Rlli CCox KWinsberg, OGC NMSS r/f FCSS r/f WTroskoski, FCOB SPB r/f JJacobsen, Rlli DHartland, Rill NMamish, OE YChen AACPCRl2.YHF.wpd 'See previous concurrence oFC SPB SPB Rlli SPB , Sh FCSS NAME YFarar kih ( y R rson ETenEyck DATE 12// 7/98 12/f /98 EAP"d 1 12/ /98 12/ l s /98 12/ /98 12/ /98 C= JOVER E = COVER & ENCLoSORE N = No COPY M