United States Nuclear Regulatory Commission - Protecting People and the Environment

2009 Fuel Cycle Facilities

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Shaw AREVA MOX Services (EA-09-117)

On November 24, 2009, an immediately effective Confirmatory Order was issued to Shaw AREVA MOX Services (MOX Services) to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on October 8, 2009.  This enforcement action is based on an apparent deliberate violation of 10 CFR 70.9, “Completeness and accuracy of information.”  Specifically, a senior structural engineer directed or allowed a junior engineer to sign the senior structural engineer’s signature on travelers, which are used as part of MOX Services process to signify that field drawings match design drawings.  MOX Services agreed to take a number of corrective actions, including: (1) periodic quality assurance assessments and surveillances of vendor submittals, including drawings, to ensure design requirements are properly implemented; (2) periodic training for all MOX Services project personnel, including onsite contractors, on the definition of and consequences associated with material false statements, as well as the obligations of the signer of project records; (3) periodic safety conscious work environment surveys through the life of construction.  In consideration of these commitments, and additional corrective actions previously taken by MOX Services in response to this issue, the NRC agreed to refrain from issuing a civil penalty or Notice of Violation for this apparent violation. 

Nuclear Fuel Services, Inc. (EA-08-321)

On November 23, 2009, an immediately effective Confirmatory Order was issued to Nuclear Fuel Services, Inc. (NFS) to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on September 16, 2009.  This enforcement action is based on two apparent violations of NRC requirements involving a primary physician who apparently deliberately certified that two security officers had been given a hearing examination when, in fact, they had not.  NFS agreed to take the following actions to preclude recurrence of these violations: (1) complete an assessment of why this issue was not entered into the corrective action program and why a root cause analysis was not completed, (2) complete an extent of condition review, (3) benchmark other licensee’s oversight of primary physicians to identify best practices, (4) ensure the primary physician participates in periodic meetings with a physician engaged in NRC-regulated activities to review issues relevant to compliance with NRC regulations, (5) ensure the primary physician initiates an evaluation of procedures and processes with a physician engaged in NRC-regulated activities, (6) establish standards for primary physicians and other contract medical specialists, and (7) enhance selected administrative procedures.  In consideration of these commitments, the NRC agreed to refrain from issuing a civil penalty or Notice of Violation for these apparent violations.

Nuclear Fuel Services, Inc. (EA-08-103)

On November 23, 2009, an immediately effective Confirmatory Order was issued to Nuclear Fuel Services, Inc. (NFS) to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on September 15, 2009.  This enforcement action is based on seven apparent violations, some apparently committed deliberately, of NRC fitness for duty (FFD) requirements related to a March 2006 incident involving a senior executive at NFS who consumed alcohol less than five hours before a scheduled working tour.  NFS agreed to take actions to strengthen the FFD program, including: (1) establishment of an oversight board for behavioral observation program (BOP), FFD, and other issues; (2) enhancements to the employee concerns program; (3) changes to the FFD training program to include a discussion of case studies, including this incident, and issue reporting; (4) improvements to procedures and processes associated with FFD and BOP; (5) improved procedural guidance for, and assessment of, the medical review officer; and (6) changes to the process for responding to NRC requests for information to ensure completeness and accuracy of information.  In consideration of these commitments, the NRC agreed to refrain from issuing a civil penalty or Notice of Violation for these apparent violations.

United States Enrichment Corporation - Paducah Facility (EA-08-344)

On August 18, 2009, an effective immediately Confirmatory Order was issued to United States Enrichment Corporation (USEC) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on July 2, 2009.  The parties agreed to engage in ADR following NRC’s February 25, 2009, letter to USEC wherein four apparent violations were identified based on information developed during an investigation at the USEC-Paducah facility, involving violations of station procedures which occurred during and subsequent to an incident in January 2008.  Specifically, the violations involved: (1) failing to disconnect equipment during movement of a Uranium Hexaflouride (UF6) cylinder causing damage to the manifold; (2) deliberately attempting to conceal the damage; (3) deliberately falsifying documents indicating the equipment was properly disconnected; and (4) deliberately denying knowledge of the procedure violations.  As part of the agreement, USEC agreed to take a number of actions including actions to address the willful actions of USEC employees, procedural use, recurring training for Operations and Maintenance supervisors to reinforce conduct of principles and procedural compliance, and subsequent effectiveness reviews of corrective actions.  In addition, USEC committed to conducting a review of this incident and a limited number of other significant events, to determine if weaknesses in any of the 13 safety culture components, as identified in NRC Regulatory Information Summary 2006-13, caused or significantly contributed to the event. In recognition of these actions, the NRC agreed to refrain from proposing a civil penalty and issuing a Notice of Violation or other enforcement action for the matters discussed in the NRC letter to USEC dated February 6, 2009. 

United States Enrichment Corporation - Paducah Facility (EA-08-280)

On August 18, 2009, an immediately effective Confirmatory Order was issued to United States Enrichment Corporation (USEC) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on July 1, 2009.  The parties agreed to engage in ADR following NRC’s February 6, 2009, letter to USEC wherein an apparent violation of 10 CFR 95.39(b)(3) was identified based on information developed during an investigation at the licensee’s Paducah facility.  As part of the agreement, USEC agreed to take a number of actions including revising procedures and related training, continuation of recurring training for Operations and Maintenance supervisors to reinforce conduct of principles and procedure compliance, conducting interactive informational training sessions with employees to identify critical job tasks and tools to prevent and protect against causing adverse events when performing critical tasks, and communicating the facts of the violation and lessons learned to employees at all USEC facilities.  In recognition of these actions, the NRC agreed to refrain from proposing a civil penalty and issuing a Notice of Violation or other enforcement action for the matters discussed in the February 6, 2009, letter. 

USEC, Inc. and its Subsidiary, United States Enrichment Corporation (EA-06-140)

On August 13, 2009, a Confirmatory Order (effective immediately) was issued to USEC Inc. and its subsidiary the United States Enrichment Corporation to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement, regarding an apparent violation of 10 CFR 76.7, "Employee protection." The action is based on the United States Department of Labor Administrative Review Board’s (ARB’s) August 19, 2008, Final Decision and Order (ARB Case Nos. 06-055, 06-058, and 06-119) affirming a DOL Administrative Law Judge’s finding. As part of the settlement agreement, USEC agreed to take a number of actions that, among others, included: a third party independent assessment of the safety conscious work environment (SCWE) at the Paducah site; and providing SCWE training (including case studies) to Paducah and Portsmouth Gaseous Diffusion Plants, American Centrifuge Plant, American Centrifuge Lead Cascade Facility, and designated USEC Headquarters managers and employees.

Westinghouse Electric Company, LLC (EA-08-244)

On August 6, 2009, the NRC issued a Confirmatory Order (Effective Immediately) to Westinghouse Electric Company, LLC (WEC) – Commercial Nuclear Fuel Division to formalize commitments made as a result of an ADR mediation session.  The commitments were made by WEC as part of a settlement agreement between WEC and the NRC regarding apparent violations of NRC requirements by a former contract foreman.  The agreement resolves the apparent violations involving WEC’s maintaining inaccurate records associated with employee training and testing of a ventilation system filter, an Item Relied On For Safety, which was identified during an NRC Office of Investigations (OI) investigation.  WEC agreed to a number of corrective actions, including procedural revisions, improved management oversight of contractor activities, a review of the causes of the falsification issues, and incorporation of lessons learned into employee initial and annual refresher training.  In consideration of these commitments, the NRC agreed to refrain from further enforcement action in this matter.

United States Enrichment Corporation (EA-08-330)

On March 4, 2009, a Notice of Violation (NOV) was issued to United States Enrichment Corporation for a Severity Level III violation.  Specifically, on September 8, 2008, the licensee moved a cylinder containing liquid uranium hexafluoride to a storage pad with mobile equipment (straddle carrier) instead of an approved crane in violation of Technical Safety Requirement 2.1.3.14 of their license.  In this case, no adverse affects to the public or environment resulted from this unauthorized moved. 

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Page Last Reviewed/Updated Friday, July 12, 2013