ML20207B373

Notice of Violation from Insp on 990322-26,0514 & 21. Violations Noted:On 980225,licensee Delivered Licensed Matl to Carrier for Transport Under General License Pursuant to 10CFR71.12 & Did Not Comply with Terms & Conditions

ML20207B373
Person / Time
Site:	Framatome ANP Richland
Issue date:	05/21/1999
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:
Shared Package
ML20207B371	List: ML20207B368 ML20207B373 ML20207B378
References
70-1257-99-01, 70-1257-99-1, EA-99-085, EA-99-85, NUDOCS 9905280223
Download: ML20207B373 (3)

Text

g ENCLOSURE 1 NOTICE OF VIOLATION

. Siemens Power Corporation (SPC) Docket No.: 70 1257 Richland, Washington License No.: SNM-1227 EA No.: 99-085 During' inspections conducted on February 23-27,1998, and March 22 through May 21,1999,

. violations of NRC requirements were identified. in accordance with the " General Statement of Pe!!cy and Procedure for NRC Enforcement Actions," NUREG-1600, Revision 1, the violations are listed below:

A. 10 CFR 71.12 states, in part, that a general license to transport licensed material, or to -

deliver licensed material to a carrier for transport, applies only to a licensee who complies with the terms and conditions of the certificate.

1. Section 4, " Conditions," of Certificate of Compliance No. 9248 requires each user of this certificate to fulfill the requirements of 10 CFR Part 71, as applicable, and the conditions specified in the certificate.

Condition 5 (a) (3) " Drawings," of Certificate of Compliance No. 9248 requires

. that the packaging be fabricated in accordance with the referenced SPC drawings.

Contrary to the above, on February 25,1998, the licensee delivered licensed material to a carrier for transport under the general license pursuant to 10 CFR 71.12, and the licensee did not comply with the terms and conditions of the certificate in that the weld configurations for lugs used to close the SP-1 inner container did not exist as specified in the drawings referenced in Certificate of Compliance No. 9248.

2. Section 4, " Conditions" of Certificate of Compliance No. 6581 requires each user of this certificate to fulfill the requirements of 10 CFR Part 71, as applicable, and the conditions specified in the certificate.  ;

I Condition 5 (a) (3)" Drawings" of Certificate of Compliance No. 6581 requires

~ that the packaging be fabricated in accordance with the referenced SPC drawings.

' Contrary to the above, on April 16,1999, the licensee reported that it had transported licensed material under the general license pursuant to 10 CFR 71.12, and the licensee did not comply with the terms and conditions of the certificate in that the packages had multiple welds located on the strongback ,

and outer container shell that did not conform to the drawings referenced in l Certificate of Compliance No. 6581.

This is a Severity Level IV violation. (Supplement V) 9905280223 990521 PDR ADOCK 07001257 .

C PDR .

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B. 10 CFR 71.85 (c) states that before the first use of any packaging for the shipment of l licensed material, the licensee shall conspicuously and durably mark the packaging with its model number, serial number, gross weight, and a package identification number assigned by NRC. Before applying the model number, the licensee shall determine that the packaging has been fabricated in accordance with the design approved by the Commission.

Contrary to the above, on February 25,1998, the licensee did not determine that the packaging had been fabricated in accordance with the design approved by the Commission before applying the model number, in that the licensee delivered licensed material to a carrier for transport in packaging with a model number applied that was not tabricated in accordance with the design approved by the Commission in Certificate of 1 Compliance No. 9248. I This is a Severity Level IV violation. (Supplement V)

C. 10 CFR 71.133 states, in part, the licensee shall establish measures to assure that conditions adverse to quality such as nonconformances are promptly identified and j corrected.

1. Contrary to the above, established measures did not ensure that identified nonconformances were promptly corrected in that weld configurations specified in the Certificate of Compliance No. 9248 drawings for the Model SP-1 transportation package were identified as nonconforming by SPC on November 7,1994, and again on April 7,1997, but the recommended corrective actions were not completed by SPC at the time of the NRC inspection in February 1998.

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2. Contrary to the above, established measures did not assure that conditions I adverse to quality such as nonconformances were promptly identified between March and June 1998. Specifically, nonconforming welds on several Model 51032-1 transportation packages were not identified by the licensee when these packages were inspected between March and June 1998. A subsequent inspection conducted during March 1999 identified that most packages of this model, including those previously inspected, contained welds which did not conform to Certificate of Compliance No. 6521 drawings.

This is a Severity Level IV violation. (Supplement V) i l

Pursuant to the provisions of 10 CFR 2.201, Siemens Power Corporation is hereby required to submit a written statement or explanation for Violation A.2. and C.2 only, to the U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region IV,611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011, within 30 days of the date of the letter l transmitting this Notice of Violation (Notice). This reply should be clearly maa.ed as a " Reply to l a Notice of Violation" and should include for each violation: (1) the reason for the violation, or, if I contested, the basis for disputing the violation or severity level, (2) the corrective steps that

have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response. If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked, or why such other action as may be proper should not be taken. Where good cause is shown, consideration will be given to extending the response time.

The NRC has concluded that for information regarding the reason for Violations A.1., B, and C.1, the corrective actions taken and planned to correct the violations and prevent recurrence and the date when full compliance was achieved have been adequately addressed on the docket in correspondence submitted to the NRC dated March 9, June 25, July 1, October 29, and December 23,1998. However, you are required to submit a written statement or explanation pursuant to 10 CFR 2.201 if the description therein does not accurately reflect your corrective actions or your position. In that case, or if you choose to respond, include your statement or explanation with the " Reply to a Notice of Violation" described above.

If you contest this enforcement action, you should also provide a copy of your response, with the basis for your denial, to the Director, Office of Enforcement, United States Nuclear Regulatory Commission, Washington, DC 20555-0001.

Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible, it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed copy of your response that identifies the information that should be protected and a redacted copy of your response that deletes such information. If you request withholding of such material, you must specifically identify the portions of your response that you seek to have withheld and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide the information required by 10 CFR 2.790(b) to support a request for withholding confidential commercial or financial information). If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21.

In accordance with 10 CFR 19.11, you may be required to post this Notice within two working days.

Dated this 21st day of May 1999