[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60219-60223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27294]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1113; License No. SNM-1097; EA-17-090; NRC-2017-0234]
Global Nuclear Fuels--Americas, L.L.C.
AGENCY: Nuclear Regulatory Commission.
ACTION: Confirmatory order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
confirmatory order (Order) to Global Nuclear Fuels--Americas, L.L.C.,
(the licensee), confirming the agreement reached in an Alternative
Dispute Resolution mediation session held on October 25, 2017. This
Order will ensure the licensee restores compliance with NRC's
regulations.
DATES: The Order was issued on December 14, 2017.
ADDRESSES: Please refer to Docket ID NRC-2017-0234 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0234. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
ADAMS accession number for each
[[Page 60220]]
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Scott Sparks, Region II, U.S. Nuclear
Regulatory Commission, Atlanta, Georgia 30303-1257; telephone: 404-997-
4422; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Atlanta, Georgia, this 14th day of December 2017.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-1113; License No. SNM-1097; EA-17-090; NRC-2017-0234]
Global Nuclear Fuels--Americas, L.L.C.
In the Matter of Global Nuclear Fuels--Americas, L.L.C.
Confirmatory Order (Effective Upon Issuance)
I
Global Nuclear Fuels--Americas, L.L.C. (GNF-A, or the licensee) is
the holder of NRC License No. SNM-1097, issued by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 70 of Title
10 of the Code of Federal Regulations (10 CFR), on May 19, 2009. The
primary purpose of the GNF-A facility is the manufacture of fuel
assemblies for commercial nuclear reactors. Nuclear materials enriched
to less than or equal to 5 weight percent Uranium-235 are utilized in
the product manufacturing operations authorized by the license. The
facility is located on the licensee's site in Wilmington, North
Carolina.
This Confirmatory Order (CO) is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on October 25, 2017.
II
NRC Inspection Report (IR) 70-1113/2017-003, dated July 25, 2017,
documented a transportation incident occurring in September of 2016,
when GNF-A made arrangements with a private industrial contractor to
ship a dumpster of scrap metal piping to a local metal recycling
facility. On September 29, 2016, the dumpster was loaded onto a truck
and shipped offsite to a scrap metal recycling facility, located
approximately 15 minutes from GNF-A. Prior to entering the recycling
facility, the shipment was checked by a radiation portal monitor as
part of the normal receipt process of the scrap metal recycling
facility. The dumpster of scrap metal piping from GNF-A caused the
radiation portal monitor to alarm. The shipment was not allowed to
enter the scrap metal facility, and was returned to GNF-A's facility
soon thereafter that same day.
The NRC's IR documented five apparent violations (AVs). Three AVs
were considered for escalated enforcement:
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).
Two additional non-escalated AVs were also documented in the IR:
4. Failure to perform the monitoring within 3 hours after receiving
the shipment back at the site as required by 10 CFR 20.1906(c).
5. Failure to maintain records of surveys as required by 10 CFR
20.2103(a).
In response to the NRC's inspection report of July 25, 2017, GNF-A
advised the NRC of its desire to participate in the Agency's ADR
program to resolve the enforcement aspects of this matter.
III
On October 25, 2017, the NRC and GNF-A met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. The ADR is a process in
which a neutral mediator with no decision-making authority assists the
parties in reaching an agreement or resolving any differences regarding
their dispute. This CO is issued pursuant to the agreement reached
during the ADR process. The elements of the agreement consist of the
following:
1. During the ADR, GNF-A expressed agreement with the following
four AVs: (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 perform the monitoring within 3 hours after receiving the shipment
back at the site as required by 10 CFR 20.1906(c); (4) Failure to
maintain records of surveys as required by 10 CFR 20.2103(a).
GNF-A raised reservations regarding the AV associated with
notifying the NRC as required by 10 CFR 20.1906(d)(1). In particular,
GNF-A questioned whether the circumstances of the contaminated scrap
metal required NRC notification per 10 CFR 20.1906(d)(1).
The NRC continues to conclude that this issue represents a
violation of 10 CFR 20.1906(d)(1).
At the ADR, the NRC and GNF-A agreed to disagree regarding whether
this issue represents a violation of 10 CFR 20.1906(d)(1).
Consequently, within 30 days after the issuance of the CO, GNF-A
will make a report to the NRC Operations Center, pursuant to 10 CFR
20.1906(d)(1), stating that the NRC has concluded that GNF-A received a
package on September 29, 2016, which had removable radioactive surface
contamination on its external surfaces that exceeded the applicable
limits set forth in 10 CFR 71.87(i). GNF-A will make this report solely
for the purposes of reaching resolution at ADR because it maintains
that the removable radioactive surface contamination on the external
surfaces of the package (an open metal dumpster) and the removable
surface contamination on the scrap pipes contained in the dumpster did
not exceed the applicable limits set forth in 10 CFR 71.87(i).
2. The NRC views the safety significance of three violations (i.e.,
failure to make surveys as required by 10 CFR 20.1501(a), failure to
comply with DOT regulations as required by 10 CFR 71.5(a), and failure
to notify the NRC as required by 10 CFR 20.1906(d)(1)) as interrelated
to one incident and consistent with a Severity Level III problem in
accordance with the NRC Enforcement Policy.
The NRC views the safety significance of two additional violations
(i.e., failure to perform the monitoring within 3 hours after receiving
the shipment back at the site as required by 10 CFR 20.1906(c), and
failure to maintain records of surveys as required by 10 CFR
20.2103(a)) as consistent with Severity Level IV violations in
accordance with the NRC Enforcement Policy.
Based on GNF-A's view of the low actual and potential safety
significance of the shipment, GNF-A does not
[[Page 60221]]
believe the violations merited escalated enforcement action.
3. Based on a review of the incident, GNF-A completed a number of
corrective actions and enhancements to preclude recurrence of the
violations, including but not limited to the following:
a. GNF-A revised its procedures, including, among others:
i. WI-27-105-05 ``Control of Radioactive Material,'' to clarify
survey requirements for the release of radioactive material; and
ii. WI-27-105-08 ``Contamination Measurement and Control,'' to
provide clear instructions on contamination surveys required.
b. GNF-A provided enhanced training to the Radiation Protection
Monitors to include:
i. historical knowledge of facility operations; and
ii. survey practices and the need to select the proper survey
instrument for the type of contamination expected.
c. GNF-A revised the Senior Radiological Engineer's and the
Radiation Protection Manager's qualification cards to require training
on historical knowledge of facility operations.
d. GNF-A augmented its recordkeeping process to ensure radiation
protection survey records are properly documented and maintained.
e. Senior management communicated lessons learned from this event
to the GNF-A and Hitachi Nuclear Energy--Americas, LLC (GEH-A)
organizations.
f. GNF-A conducted a Root Cause Analysis of the transportation
incident.
g. GEH-A initiated a Nuclear Safety Culture (NSC) assessment of the
Wilmington site. The assessment included a survey, interviews, and data
trending to include a review of relevant entries into the corrective
action program.
4. Based on GNF-A's review of the incident and NRC's concerns with
respect to precluding recurrence of the violations, GNF-A agreed to
implement the corrective actions and enhancements delineated in Section
V of this CO.
5. Within 3 months of completion of the terms of the CO, GNF-A
shall provide the NRC with a letter discussing its basis for concluding
that the CO has been satisfied.
6. In consideration of GNF-A's completed corrective actions and
enhancements, and GNF-A's commitments delineated herein, the NRC agrees
to refrain from proposing a civil penalty or issuing a Notice of
Violation for all AVs identified in NRC Inspection Report 70-1113/2017-
003 (EA-17-090).
7. The NRC and GNF-A agree that the above elements shall be
incorporated into a CO.
8. This agreement is binding upon successors and assigns of GNF-A.
On December 7, 2017, GNF-A consented to issuance of this CO with
the commitments, as described in Section V below. GNF-A further agreed
that this CO is to be effective upon issuance and that it has waived
its right to a hearing.
IV
Because GNF-A has taken corrective actions to address NRC concerns,
as set forth in Section III above, and has agreed to take additional
corrective actions as set forth in Section V below, the NRC has
concluded that its concerns can be resolved through issuance of this
CO.
I find that GNF-A's commitments as set forth in Section V are
acceptable and necessary and conclude that with these commitments, the
public health and safety are reasonably assured. In view of the
foregoing, I have determined that public health and safety require that
GNF-A's commitments be confirmed by this CO. Based on the above and
GNF-A's consent, this CO is effective upon issuance.
V
Accordingly, pursuant to Sections 104b., 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 70, it is
hereby ordered, that license No. SNM-1097 be modified as follows:
1. Consistent with paragraph III (1) above, within thirty (30) days
after the issuance of the CO, GNF-A will make a report to the NRC
Operations Center, pursuant to 10 CFR 20.1906(d)(1), stating that the
NRC has concluded that GNF-A received a package on September 29, 2016,
which had removable radioactive surface contamination on its external
surfaces that exceeded the applicable limits set forth in 10 CFR
71.87(i).
2. Within one (1) year after issuance of the CO, GNF-A shall
install a vehicle portal monitor with a sensitivity to detect vehicle
surface radiation levels specified in 10 CFR 20.1301(a)(2). GNF-A
agrees to continue to perform surveys for unrestricted release in
accordance with the License Application Section 1.3.2. Procedures shall
be developed and implemented to ensure that all non-manifested vehicle
shipments from the Controlled Access Area are monitored and to
validate, investigate, and to respond to alarms prior to releasing
shipments off-site. Once installed, if for any reason the vehicle
portal monitor is not available, compensatory measures shall be taken
by GNF-A to detect non-manifested vehicle shipments in excess of
radiation levels of 10 CFR 20.1301(a)(2).
3. Within sixty (60) days of issuance of the CO, or within 60 days
of completion of the NSC assessment referenced in Section III.3.g,
whichever is later, GNF-A shall make the results of the assessment
available to the NRC for review.
4. Approximately two (2) years (+/-6 months) after issuance of the
CO, GNF-A shall conduct a NSC 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. GNF-A
shall compare the results of this assessment to the results of the
assessment performed under Section III.3.g of this CO in an effort to
identify trends. Corrective actions arising from the assessment and
comparison will be entered into the corrective action program and
tracked to completion. GNF-A shall make results of the final assessment
and comparison available to the NRC for review.
5. Within nine (9) months of issuance of the CO, GNF-A shall
augment, with the assistance of an individual independent of GNF-A who
is experienced with NRC nuclear safety culture and safety conscious
work environment policies, its existing training for all workers with
unescorted access to the GNF-A Controlled Access Area, that reinforces
nuclear safety culture traits emphasizing questioning attitude, problem
identification, effective corrective actions, and effective self-
assessment. Training records shall be retained consistent with
applicable GNF-A record retention policies and shall be made available
to the NRC upon request. New employees shall complete the training
prior to the granting of unescorted access to GNF-A. This training
shall be provided on an annual basis, for at least three years after
issuance of the CO.
6. Within one (1) year after the issuance of the CO, GNF-A shall
conduct a benchmark assessment of the GNF-A Radiation Protection
Program (RPP) with at least two external RPP organizations in the Fuel
Cycle industry, to identify and implement, as GNF-A deems appropriate,
best practices and enhancements to increase the effectiveness of its RP
program. The benchmark assessment shall be performed by an individual
or entity
[[Page 60222]]
experienced in Institute of Nuclear Power Operations (INPO) radiation
protection standards, and the assessment shall be made available for
NRC review.
7. Within one (1) year after issuance of the CO, GNF-A shall expand
its Difference of Professional Opinion process to include all technical
safety matters related to GNF-A licensed activities.
8. Within one (1) year of issuance of the CO, existing GNF-A
supervisors engaged in licensed facility (SNM-1097) activities, as of
the date of issuance of the CO, will complete initial Front Line
Supervisor Nuclear Safety Leadership training, which will be informed
by INPO 04-003, Guidelines for Effective Nuclear Supervisor
Performance. For a period of 3 years after issuance of the CO, new GNF-
A frontline supervisors engaged in licensed facility (SNM-1097)
activities shall complete this training within 6 months of assuming
supervisory responsibilities. GNF-A shall make the training materials
available to the NRC for review.
9. Within three (3) months of completion of the terms of the CO,
GNF-A shall provide the NRC with a letter discussing its basis for
concluding that the CO has been satisfied.
The Regional Administrator, Region II, may relax or rescind, in
writing, any of the above conditions upon a showing by GNF-A of good
cause.
VI
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this CO, other than GNF-A, may request a hearing
within 30 calendar days of the date of issuance of this CO. 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 Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, and include a statement of good cause
for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). 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. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. 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 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by e-mail at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E[dash]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[dash]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's 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 document on those participants separately. Therefore,
applicants and other participants (or their counsel or representative)
must apply for and receive a digital ID certificate before adjudicatory
documents are filed so that they can obtain access to the documents via
the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at http://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where
[[Page 60223]]
you will be able to access any publicly available documents in a
particular hearing docket. Participants are requested not to include
personal privacy information, such as social security numbers, home
addresses, or personal phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. For
example, in some instances, individuals provide home addresses in order
to demonstrate proximity to a facility or site. 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 GNF-A) requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this CO and shall address the criteria set forth
in 10 CFR 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 CO should be sustained.
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 V above shall be final 30 days from the date of
this CO without further order or proceedings. If an extension of time
for requesting a hearing has been approved, the provisions specified in
Section V shall be final when the extension expires if a hearing
request has not been received.
Dated at Atlanta, Georgia, this 14th day of December, 2017.
For the Nuclear Regulatory Commission.
Catherine Haney,
Regional Administrator.
[FR Doc. 2017-27294 Filed 12-18-17; 8:45 am]
BILLING CODE 7590-01-P