ML20216G464

Staff Requirements Memo Re SECY-97-270, Annual Rept to Congress on Gaseous Diffusion Plants Located Near Paducah,Ky & Portsmouth,Oh

ML20216G464
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	12/18/1997
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 SECY-97-270-C, NUDOCS 9804200362
Download: ML20216G464 (3)

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December 18, 1997

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SECRETARY #

MEMORANDUM TO: L. Joseph Callan S<ecut' e Director for Operations

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FROM:

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SUBJECT:

STAFF REQUIREMENTS - SECY-97-270 - ANNUAL l REPORT TO CONGRESS ON THE GASEOUS DIFFUSION j i

PLANTS LOCATED NEAR PADUCAH, KENTUCKY, AND PORTSMOUTH, OHIO The Commission has approved the Annual Report to Congress for the gaseous diffusion plants subject to the comments provided in the attachment. The staff should incorporate the comments and

, forward the cover letters for the Chairman's signature.

(EDO) (SECY Suspense: 12/31/97)

Attachment:

As stated ,

cc: Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR DCS SECY NOTE: THIS SRM,-SECY-97-270, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE c _

AFTER THE ANNUAL REPORT IS SUBMITTED TO CONGRESS. t

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4 Changes to the Annual Report for the Gaseous Diffusion Plants

1. On page ii, paragraph 1, line 3, insert 'the Nuclear Regulatory Commission' after 'when' and place parentheses around 'NRC.' In paragraph 2, last line, replace ' effected' with ' accomplished.' In paragraph 3, line 1, delete

' Nuclear Regulatory Commission' and remove the parentheses around 'NRC.' In paragraph 3, line 3, insert 'the public' before ' health;' insert 'and' after ' health;' insert 'the' before ' environmental;' delete the 'al' on ' environmental;'

and delete ' conditions.' In paragraph 4, line 7, insert

'most of' after 'for.' In paragraph 4, line 8, insert

' generally' after 'USEC.'

2. On page iii, change the page for the Executive Summary to

'ii.'

3. On page 1, paragraph 1, line 12, insert 'the U.S. Nuclear Regulatory Commission' after ' requires' and place parentheses around 'NRC.'

4. On page 10, paragraph 3, line 5, replace 'nine' with

' eleven.'

5. On page 12, paragraph 1, line 2, replace 'have' with 'had.'

In paragraph 2, line 2, replace 'are' with 'were' and in line 3, replace 'cannot' with 'could not.' In paragraph 3, line 1, replace 'are' with 'were' and delete ' currently.'

6. On page 13, in the last bullet, line 1, replace 'have' with

'had.'

7. On page 20, last paragraph, line 1, insert a comma after

' preparing' followed by 'in consultation with the Executive Branch agencies' and then another comma.

8. On page 26, prior to the first paragraph, insert:

On April 26, 1996, President Clinton signed Public Law No. 104-134 which amended Section 1701 of the AEA which  !

directs USEC's Board of Directors to sell the assets of the USEC to a private sector entity. The Commission's regulations must conform to these changes. As a result, on April 14, 1997 NRC-issued a direct final ,

rule to make conforming changes to 10 CFR Parts 2, 40, 70, and 76 and the NRC's Enforcement Policy (NUREG-1600, " General Statement of Policy and Procedures for ,

NRC Enforcement Action). J

9. On page 33, paragraph 1, line 5, insert 'most of' after

'For' and in line 6, insert ' generally' after 'USEC.' In paragraph 2, line 1, insert 'Public Law No. 104-134 (The USEC Privatization Act) and' after 'with.'

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10. On page 34, line 5, insert ' generally' after ' management.'

Add the following paragraphs:

On December 8, 1997, the NRC issued the first civil penalty action for USEC, proposing'a civil penalty of

$55,000 for failure to control classified matter at the Paducah facility. The NRC is also considering other potential violations involving SAR modifications made during the first assessment period and has issued a request for information that will support further review of this matter.

Subsequent recertification of USEC, or certification of a USEC successor, will be based on the submission of changes to the initial application and a similar review process. This review will include the SAR, the Physical Security Plan, the Security Plan for the Protection of Classified Matter, and the Fundamental Nuclear Material Control Plan. Additional considerations will include NRC's determination on foreign ownership, control or domination; common-defense-and-security; and reliable and economic source-of-domestic enrichment-services determinations as required by the USEC Privatization Act (Public Law No.

104-134).

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l Changes to be made to all Congressional letters 1

l 1. At the end of the first paragraph, add 'As required by the i

Act, this report has been coordinated with the Department of l

Energy and the Environmental Protection Agency.'

2. In paragraph 2, replace ' events occurring' with 'the period' l

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