2016 Non-Licensee Actions
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On August 4, 2016, the NRC issued a Confirmatory Order to AREVA, Inc. (AREVA) to confirm commitments reached as part of an alternative dispute resolution (ADR) settlement agreement to address apparent violations identified through an NRC staff records review conducted by the Office of International Programs. The apparent violations involved AREVA’s failure to submit quarterly reports required by 10 CFR Part 110, and the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America. Furthermore, the records review discovered that, in July 2014, AREVA exported a reactor coolant pump to France that was not authorized by a general or specific license. AREVA agreed to a number of corrective actions, including, but not limited to: (1) revising policies and procedures to provide reasonable assurance of continued compliance, (2) providing initial and continuing training for AREVA staff and supervisors, (3) communicating NRC requirements for import/export licensing and reporting to other nuclear equipment exporters through a variety of industry forums, and (4) instituting periodic independent audits of exporting activities.
On April 20, 2016, the NRC issued a Confirmatory Order to C&D Technologies, Inc. (vendor) to formalize commitments made as a result of an alternative dispute mediation session. The commitments were made by the vendor as part of a settlement agreement between the vendor and the NRC regarding apparent violations of NRC requirements. The agreement resolves the apparent failure to perform adequate technical evaluations of defects, and the associated periodic reporting of ongoing deviation evaluations and final determinations, contrary to the requirements in Title 10 of the Code of Federal Regulations 21.21, “Notification of failure to comply or existence of a defect and its evaluation.” The vendor agreed to a number of corrective actions, including: (1) restore full compliance for all currently identified noncompliances, (2) revise policies and procedures to provide reasonable assurance of continued compliance, (3) provide initial and continuing training for C&D staff and supervisors, (4) institute an annual independent third party programmatic review, and (5) periodic communication, to staff and managers, regarding senior management’s expectations and commitment to comply with NRC requirements. In consideration of these commitments, the NRC has agreed to refrain from issuing a proposed imposition of a civil penalty and a Notice of Violation.