[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26052]
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-3392; License No. SUB-526; EA-12-157; NRC-2012-0244]
Confirmatory Order; In the Matter of Honeywell International
Inc.; Metropolis, Illinois
Honeywell International Inc. (Honeywell or Licensee) is the holder
of Materials License No. SUB-526, issued by the U.S. Nuclear Regulatory
Commission (NRC or the Commission) pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) part 40. Originally issued on December 17,
1958, the license has been renewed many times, most recently on May 11,
2007. The license authorizes the operation of Honeywell's Metropolis
Works facility in accordance with the conditions specified therein. The
facility is located in Metropolis, Illinois.
From May 21 through 24, 2012, an NRC inspection was conducted at
the Metropolis Works facility pursuant to NRC Temporary Instruction
(TI) 2600/015, ``Evaluation of Licensee Strategies for the Prevention
and/or Mitigation of Emergencies at Fuel Facilities.'' The objective of
the TI inspection was to independently verify that Honeywell is
adequately prepared to prevent and/or mitigate the consequences of
selected safety/licensing basis events and to evaluate the adequacy of
those emergency prevention and/or mitigation strategies for dealing
with the consequences of selected beyond-safety/licensing basis events.
At the time of the inspection, the Metropolis Works facility had been
shut down since May 9, 2012, for a planned maintenance outage.
The inspection identified significant concerns related to
Honeywell's Uranium Hexafluoride (UF6) and Hydrogen Fluoride
(HF) source terms, used as a basis for the Honeywell Emergency Response
Plan (ERP). Specifically, the inspection identified that the design of
the process equipment in the Feed Materials Building at the Metropolis
Works facility lacks seismic restraints, supports, and bracing that
would assure process equipment integrity during a credible seismic
event or tornado. Because the Metropolis Works facility was shut down
for a planned maintenance outage, no immediate safety concern existed.
The NRC concluded, however, that the potential consequences of the
inspection findings were significant.
Specifically, when the Metropolis Works facility was operating, the
amount of UF6 that could have been released during a
credible seismic event or tornado was significantly larger than that
assumed in the development of the facility's ERP.
The inspection results were documented in NRC Inspection Report No.
40-3392/2012-006, issued on August 9, 2012. At that time, the NRC
identified two apparent violations.
First, contrary to 10 CFR 40.31(j)(3), on May 27, 2005, Honeywell
submitted an ERP that did not include an identification of each type of
accident for which protective actions may be needed. Specifically, the
ERP submitted by Honeywell did not identify accident sequences related
to credible seismic and tornado events that could result in large
UF6 releases for which protective actions may be needed.
Second, contrary to 10 CFR 40.9(a), certain information Honeywell
is required to maintain by license condition is not complete and
accurate in all material respects. Under License Condition 18,
Honeywell is required to conduct authorized activities at the
Metropolis Work facility in accordance with the statements,
representation, and conditions in its Integrated Safety Analysis (ISA)
Summary (License Condition 18.D). The ISA Summary states, in part, that
``the plant is designed to withstand the 475-yr earthquake with no
safety implications.'' The NRC's May 2012 inspection identified,
however, that the ground motion associated with a 475-yr earthquake
would have safety implications due to the design of the Metropolis
Works facility. This apparent inaccuracy is material to the NRC because
it involves information the NRC staff reasonably considers as part of
its oversight of Honeywell as a licensee.
Concurrent with ongoing NRC review of the inspection results and to
address immediate Agency concerns, on July 13, 2012, the NRC issued a
Confirmatory Action Letter (CAL) to Honeywell. The CAL confirmed
commitments made by Honeywell to ensure that, before licensed
operations resumed, the Metropolis Works facility's ERP would be
revised so that it is consistent with design and operational
limitations for all potentially affected processes. This Confirmatory
Order will supersede the CAL issued on July 13, 2012. This Order
provides the basis for Honeywell to implement corrective actions prior
to resuming NRC licensed operations.
The NRC concludes that significant corrective actions at the
Metropolis Work facility are necessary to provide reasonable assurance
of public health and safety. The NRC further concludes that formalizing
the corrective actions proposed by Honeywell necessitates the issuance
of this Confirmatory Order. Consistent with Section 3.7 of the NRC's
Enforcement Policy, the NRC is issuing this Confirmatory Order in lieu
of issuance of a Notice of Violation and consideration of civil
penalties for the apparent violations described above.
On October 11, 2012, Honeywell consented to issuance of this Order
with the commitments described in Section IV below. Honeywell further
agreed that this Order will be effective 30 days from issuance and
waived its right to a hearing on this Order.
I find that the Licensee's commitments described in Section IV are
acceptable and necessary and conclude that, with these commitments, the
Metropolis Works facility's safety and the safety of the public is
reasonably assured. In view of the foregoing, I have determined that
public health and safety require that the Licensee's commitments be
confirmed by this Order. Based on the above and the Licensee's consent,
this Order will be effective 30 days from issuance. Contingent upon the
Licensee satisfying its commitments under this Order, the NRC will not
pursue further enforcement action based on the two apparent violations
described in Section II of this Order.
Accordingly, pursuant to Sections 61, 63, 161b, 161i, 161o, 182 and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR Part 40, it is hereby ordered
that license no. SUB-526 IS modified as follows:
1. Honeywell shall submit to the Director, NRC Office of Nuclear
Material Safety and Safeguards, the following documentation for
a. An evaluation of external events at the Metropolis Works
facility that clearly defines and provides the safety bases for:
i. Seismic and wind design;
ii. The structures, systems, or components relied upon to
protect workers and the public during both intermediate and high
iii. The definitions of ``intermediate-consequence event'' and
``high-consequence event'' for non-radiological releases; and
iv. The definitions of ``unlikely'' and ``highly unlikely'' for
seismic and wind events.
b. A revised ERP (License Condition 24) that, consistent with
the evaluation produced in response to Item 1.a, defines all
planning bases and articulates all necessary modifications to the
Metropolis Works facility.
c. Documentation of the design bases for the proposed
modifications to the Metropolis Works facility that will be needed
to satisfy Items 1.a and 1.b (e.g., design criteria, engineering
methodology, application of Codes and Standards).
2. Honeywell shall develop, implement, and have available for
NRC inspection the quality assurance measures for the modifications
referred to in Item 1.c. These quality assurance measures shall
address, at a minimum, the following areas: design, procurement,
inspections and tests, installation, document control, procedures
and drawings, and records.
3. Honeywell shall implement the modifications referred to in
Item 1.c before seeking to resume NRC-licensed operations at the
Metropolis Works facility.
4. After Honeywell completes Items 1-3 and the NRC verifies the
acceptability of the facility modifications referred to in Item 1.c,
Honeywell may seek NRC approval to resume licensed operations at the
Metropolis Works facility. Honeywell shall submit its request to the
NRC in writing at least 30 days before it intends to resume licensed
operations at the Metropolis Works facility. Honeywell shall not
resume licensed operations until the NRC grants its request in
5. At least 15 days before resuming licensed operations at the
Metropolis Works facility, Honeywell shall demonstrate the adequacy
of its revised ERP by conducting an onsite exercise meeting the
requirements in 10 CFR 40.31(j)(3)(xii).
6. Honeywell shall submit a revised ISA Summary (License
Condition 18.D) to the NRC no later than six months after resuming
licensed operations at the Metropolis Works facility.
The Regional Administrator, NRC Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by Honeywell of
Any person adversely affected by this Confirmatory Order, other
than Honeywell, may request a hearing within 20 days of its publication
in the Federal Register. Where good cause is shown, consideration will
be given to extending the time to request a hearing. A request for
extension of time must be made in writing to the Regional
Administrator, Region II, U.S. Nuclear Regulatory Commission, 245
Peachtree Center Avenue NE., Suite 1200, Atlanta, GA, 30303-1257, and
include a statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in
accordance with the NRC E-Filing rule (72 FR 49139, August 28, 2007).
The E-Filing process requires participants to submit and serve all
adjudicatory documents over the internet, or in some cases to mail
copies on electronic storage media. Participants may not submit paper
copies of their filings unless they seek an exemption in accordance
with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at [email protected],
or by telephone at 301-415-1677, to request (1) a digital ID
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may attempt to
use other software not listed on the Web site, but should note that the
NRC's E-Filing system does not support unlisted software, and the NRC
Meta System Help Desk will not be able to offer assistance in using
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as Social Security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
If a person (other than Honeywell) requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this Confirmatory Order and shall address the
criteria set forth in 10 C.F.R. 2.309(d) and (f).
If a hearing is requested by a person whose interest is adversely
affected, the Commission will issue an order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory Order should be
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date this
Confirmatory Order is published in the Federal Register without further
order or proceedings. If an extension of time for requesting a hearing
has been approved, the provisions specified in Section IV shall be
final when the extension expires if a hearing request has not been
Dated this 15th day of October, 2012.
For the Nuclear Regulatory Commission.
Victor M. McCree,
[FR Doc. 2012-26052 Filed 10-22-12; 8:45 am]
BILLING CODE 7590-01-P