2017 Fuel Cycle Facilities

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Global Nuclear Fuel-Americas, LLC (EA-17-090)

On December 14, 2017, the NRC issued a Confirmatory Order to Global Nuclear Fuel – Americas, L.L.C (GNF-A) to formalize commitments reached as part of an alternative dispute resolution (ADR) mediation session involving violations at the facility in Wilmington, NC. The NRC identified the following five Apparent Violations (AVs), all of which were considered for escalated enforcement in accordance with the NRC's Enforcement Policy: (1) Failure to make or cause to be made surveys of scrap metal piping prior to its release and transportation as required by 10 CFR 20.1501(a); (2) failure to comply with applicable Department of Transportation (DOT) regulations appropriate to the mode of transport of contaminated materials as required per 10 CFR 71.5(a); (3) failure to notify the NRC as required by 10 CFR 20.1906(d)(1) when removable radioactive surface contamination exceeds the limits of 10 CFR 71.87(i); (4) failure to perform the monitoring of a package as required by 10 CFR 20.1906(c); and (5) the failure to maintain records of surveys as required by 10 CFR 20.2103(a). As part of the settlement agreement, GNF-A agreed to take a number of actions in addition to those already completed. These additional actions include, but are not limited to: (1) install a vehicle portal monitor with a sensitivity to detect vehicle surface radiation levels specified in 10 CFR20.1301(a)(2); (2) conduct a nuclear safety culture assessment of the GNF-A organization by a third party independent of GNF-A who is experienced with NRC nuclear safety culture and safety conscious work environment policies; (3) conduct a benchmark assessment of the GNF-A Radiation Protection Program (RPP) with at least two external RPP organizations in the Fuel Cycle industry; and (4) expand its Difference of Professional Opinion process to include all technical safety matters related to GNF-A licensed activities. In recognition of these actions, the NRC agreed to refrain from proposing a civil penalty and issuing a Notice of Violation.

Westinghouse Electric Company, LLC (EA-16-173)

On August 9, 2017, the NRC issued a Confirmatory Order to Westinghouse Electric Company, LLC to formalize commitments reached as part of an alternative dispute resolution (ADR) mediation session involving violations at the Columbia Fuel Fabrication Facility (CFFF). The NRC identified the following four Apparent Violations (AVs), all of which were considered for escalated enforcement in accordance with the NRC's Enforcement Policy: (1) failure to ensure criticality accident sequences remain highly unlikely, as required by Title 10 of the Code of Federal Regulations (10 CFR) 10 CFR 70.61(b); (2) failure to assure that under normal and credible abnormal conditions, all nuclear processes were subcritical including use of an approved margin of subcriticality, as required by 10 CFR 70.61(d); (3) failure to establish adequate management measures to ensure that items relied on for safety (IROFS) perform their function when needed, as required by 10 CFR 70.62(d); and (4) failure to make a one hour report, as required by Appendix A (a)(4) of 10 CFR Part 70. As part of the settlement agreement, Westinghouse agreed to take a number of actions in addition to those already completed. These additional actions include: (1) conduct an additional Nuclear Safety Culture survey; (2) implement improvements to reduce uranium carryover from the Calciner scrubbers; (3) implement additional design changes to reduce uranium carryover from filtration system; (4) develop and implement additional methods to monitor system parameters that are early indicators of an abnormal accumulation in the conversion area process off-gas scrubber from a process upset that could challenge the accumulation rate and/or criticality safety mass limits; and (5) develop and implement a criticality safety basis/IROFS database to help maintain the proper flow down of the safety basis into implementing documents. In recognition of these actions, the NRC agreed to refrain from proposing a civil penalty and issuing a Notice of Violation.

Louisiana Energy Services, LLC (LES) (EA-15-218)

On March 3, 2017, the NRC issued a Notice of Violation to Louisiana Energy Services, LLC (LES) (d/b/a URENCO USA (UUSA)) uranium enrichment facility in Eunice, NM, for an escalated Problem involving aspects of the security program related to the security events. An investigation conducted by the NRC Office of Investigations determined that one violation was due in part to the deliberate misconduct of UUSA and contractor employees. Because some of the violations were closely related to the same security events and were attributed to common root and contributing causes, the NRC grouped the violations into major areas in order to appropriately characterize the significance of the security events and convey the appropriate message.

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