98-11506. In the Matter of United States Enrichment Corporation Bethesda, MD; Confirmatory Order Modifying Certificate (Effective Immediately)  

  • [Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
    [Notices]
    [Pages 23813-23814]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-11506]
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    [Docket No. 70-7001 Certificate No. GDP-1 EA 98-156]
    
    
    In the Matter of United States Enrichment Corporation Bethesda, 
    MD; Confirmatory Order Modifying Certificate (Effective Immediately)
    
    I
    
        United States Enrichment Corporation (Corporation) is the holder of 
    Certificate No. GDP-1 issued by the Nuclear Regulatory Commission (NRC 
    or Commission) pursuant to 10 CFR Part 76. The certificate authorizes 
    the Corporation to operate the Paducah Gaseous Diffusion Plant 
    (Paducah) for the purpose of enriching uranium up to 2.75 percent 
    \235\U by weight. The certificate, originally issued on November 26, 
    1996, is due to expire on December 31, 1998.
    
    II
    
        Since transition to NRC regulatory oversight on March 3, 1997, the 
    Corporation has been operating its withdrawal facilities (Buildings C-
    310/310A and C-315) with liquid uranium hexafluoride (UF6) 
    inventories in process piping, condensers, and accumulators. The 
    certificate conditions placed no restrictions on those inventories, 
    thereby allowing the accumulators to contain any amount up to their 
    full capacity. A certificate amendment request dated October 31, 1997, 
    submitted by the Corporation, requested an update to the Safety 
    Analysis Report (SAR) to include a new Chapter 4, ``Accident 
    Analysis.'' An NRC request for additional information (RAI) dated 
    February 5, 1998, identified questions about the conservative nature of 
    assumptions for the seismic accident scenario in Chapter 4. In response 
    to the RAI, the Corporation reviewed Paducah's liquid UF6 
    withdrawal facilities' records and determined that the seismic accident 
    analysis assumption of no liquid UF6 in both facilities' 
    accumulators underestimated the potential source term from the 
    withdrawal facilities for the seismic accident scenario. In telephone 
    discussions with the NRC on February 18, 1998, the NRC made it clear to 
    the Corporation that a notification pursuant to 10 CFR 76.9(b) was 
    warranted. Thereafter, the Corporation provided verbal notification to 
    NRC Region III on February 19, 1998, and a follow-up written report on 
    February 20, 1998, identifying the potential nonconservative assumption 
    in the SAR updated accident analysis. Then, on February 24, 1998, in 
    telephone discussions with NRC, the Corporation also provided 
    information that the withdrawal facilities' current operations were 
    outside the Certification SAR because the Chapter 4 seismic accident 
    analysis assumed no liquid UF6 in Building C-315 withdrawal 
    facility's process piping, condensers, and accumulators. In addition, 
    the source term from Building C-310/310A was probably too low.
        Based on the NRC's review of the certificate amendment request 
    dated October 31, 1997, submitted by the Corporation and the current 
    Certification SAR, the NRC has concluded that violations of NRC 
    requirements occurred. The violations involve an inadequate accident 
    analysis and a failure to comply with the conditions of certification. 
    The Commission's regulations in 10 CFR 76.85 require the Corporation, 
    as the certificate holder, to perform an analysis of potential 
    accidents and consequences to establish the basis for limiting 
    conditions for operations and to provide assurance that plant operation 
    will be conducted in a manner to prevent or to mitigate the 
    consequences from a reasonable spectrum of postulated accidents, 
    including natural phenomena. Further, 10 CFR 76.85 requires that the 
    assessment consider the full range of operations, including operations 
    at the maximum capacity contemplated. The Commission's regulations in 
    10 CFR 76.51 require the Corporation, as the certificate holder, to 
    comply with the conditions set forth in the Certificate of Compliance. 
    Condition 8 of the Certificate of Compliance (GDP-1) for the Paducah 
    Gaseous Diffusion Plant requires the Corporation to conduct its 
    operations in accordance with the statements and representations 
    contained in the certification application and subsequent amendments. 
    The certification application includes Safety Analysis Report (SAR) 
    Chapter 4, ``Accident Analysis,'' Section 4.6, ``Natural Phenomena,'' 
    describing assumptions made on facility operations to determine the 
    consequences of postulated seismically-induced failures. The Chapter 4 
    seismic accident analysis is based on an inappropriately low assumption 
    of the amount of liquid UF6 in Buildings C-310/310A and C-
    315 withdrawal facilities' process piping, condensers, and accumulators 
    in calculating the possible releases. Current facility configuration 
    and operations are such that significantly higher volumes (on the order 
    of several thousand pounds (lbs)) of liquid UF6 may be 
    present. Therefore the accident analysis in the Certification SAR is 
    not in compliance with 10 CFR 76.85 and operation of that facility is 
    not in compliance with Condition 8. Furthermore, operation with the 
    larger amount of liquid UF6 in the withdrawal facilities is 
    safety significant because failure could result in potential on-site 
    fatalities/injuries and off-site injuries. During a seismic event of 
    0.05 g peak ground acceleration, failure of equipment in both 
    withdrawal facilities would likely occur with releases of liquid 
    UF6. If the 0.05 g seismic event occurred with substantial 
    amounts of liquid UF6 in those facilities, the on-site and 
    off-site consequences would exceed any analyzed accident and be 
    unacceptable.
    
    III
    
        By letter dated February 25, 1998, the Corporation committed to 
    implement the administrative control as stated below:
        1. Access to Buildings C-310/310A and C-315 will be limited to only 
    those individuals essential to operations, inspections, or those 
    personnel performing any modifications to fix the identified seismic 
    failures.
        By letter dated March 5, 1998, the Corporation committed to 
    implement the following additional administrative controls in order to 
    mitigate the consequences of a seismic event:
        2. When flow of liquid UF6 has been diverted to the on-
    line accumulator in C-310A or C-315 for greater than one hour (nominal 
    2,000 and 5,000 lbs liquid UF6, respectively, at one hour),
    
    [[Page 23814]]
    
    the Corporation will take the following immediate actions:
        a. Notify the Plant Shift Superintendent (PSS) of accumulator 
    usage.
        b. Begin tracking of quantities by using calculated withdrawal 
    rates.
        c. The PSS will initiate high priority actions for timely 
    resolution of unscheduled outages.
        d. The Cascade Coordinator will take actions to reduce tails 
    downflow and/or product or tails withdrawal rates to minimize 
    accumulator use as appropriate.
        e. Notify the NRC.
        3. If the calculated accumulator inventory reaches 4,000 lbs liquid 
    UF6 in C-310A or 10,000 lbs liquid UF6 in C-315, 
    flow of liquid UF6 to the affected accumulator will be 
    stopped immediately.
        By letter dated March 11, 1998, the Corporation proposed to install 
    seismic modifications to the equipment in Buildings C-310/310A and C-
    315 by September 30, 1998. Those seismic modifications will increase 
    the seismic capacity of the equipment to withstand an earthquake 
    producing a peak ground acceleration of 0.165 g.
        I find that the Corporation's commitments to install the seismic 
    modification within the proposed time frame and these administrative 
    controls 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 the public health and 
    safety require that the Corporation's commitments be confirmed by this 
    Order. By letter dated, April 1, 1998, the Corporation consented to the 
    issuance of this Order confirming its commitments, as described in 
    Section IV below. The Corporation further agreed in that letter that 
    this Order is to be effective upon issuance. Implementation of these 
    commitments will minimize the available liquid UF6 
    inventories that could be released in a seismic event and reduce the 
    on-site and off-site consequences. Based upon the above and the 
    Corporation's consent, this Order is immediately effective upon 
    issuance.
    
    IV
    
        Accordingly, pursuant to sections 161b, 161i, 161o, and 1701 of the 
    Atomic Energy Act of 1954, as amended, and the Commission's regulations 
    in 10 CFR Part 76, including specifically 10 CFR 76.70, It is hereby 
    ordered, effective immediately, that certificate No. GDP-1 is modified 
    as follows:
        Condition 13 is added to the Certificate of Compliance GDP-1 to 
    require that:
        1. The Corporation will by no later than September 30, 1998, 
    complete seismic modifications to the equipment containing liquid 
    UF6 in Buildings C-310/310A and C-315. Those seismic 
    modifications will increase the seismic capacity of the equipment to 
    withstand an earthquake producing a peak ground acceleration of 0.165 
    g.
        2. Until such time as the above seismic modifications are 
    completed, the following additional administrative controls shall be 
    followed:
        a. When flow of liquid UF6 has been diverted to the on-
    line accumulator in C-310A or C-315 for greater than one hour (nominal 
    2,000 and 5,000 pounds (lbs) liquid UF6 respectively at one 
    hour), the Corporation will immediately:
        i. Notify the Plant Shift Superintendent (PSS) of accumulator 
    usage.
        ii. Begin tracking of quantities by using calculated withdrawal 
    rates.
        iii. Ensure that the PSS will initiate high priority actions for 
    timely resolution of unscheduled outages.
        iv. Ensure that the Cascade Coordinator will take actions to reduce 
    tails downflow and/or product or tails withdrawal rates to minimize 
    accumulator use as appropriate.
        v. Notify the NRC.
        b. If the calculated accumulator inventory reaches 4,000 lbs liquid 
    UF6 in C-310A or 10,000 lbs liquid UF6 in C-315, 
    flow of liquid UF6 to the affected accumulator will be 
    stopped immediately.
        c. Access to Buildings C-310/310A and C-315 will be limited to only 
    those individuals essential to operations, inspections, or those 
    personnel performing any modifications to fix the identified seismic 
    failures.
        The Director, Office of Enforcement, may, in writing, relax or 
    rescind this Order upon demonstration by the Corporation of good cause.
    
    V
    
        Any person adversely affected by this Confirmatory Order, other 
    than the Corporation, may submit a written response within 20 days of 
    its issuance. Where good cause is shown, consideration will be given to 
    extending the time to respond. A request for extension of time must be 
    made in writing to the Director, Office of Nuclear Material Safety and 
    Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, 
    and include a statement of good cause for the extension. Any response 
    shall be submitted to the Secretary, U.S. Nuclear Regulatory 
    Commission, ATTN: Chief, Rulemaking and Adjudications Staff, 
    Washington, D.C. 20555. Copies of the response shall also be sent to 
    the Director, Office of Enforcement, U.S. Nuclear Regulatory 
    Commission, Washington, D.C. 20555, to the Deputy Assistant General 
    Counsel for Enforcement at the same address, to the Regional 
    Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois 
    60532-4351, and to the Corporation.
        In the absence of any response, or written approval of an extension 
    of time in which to respond, the provisions specified in Section IV 
    above shall be final 20 days from the date of this Order without 
    further order or proceedings. If an extension of time for submitting a 
    response has been approved, the provisions specified in Section IV 
    shall be final when the extension expires if a response is not 
    received. If a written response is received, the Commission may make a 
    final decision or may adopt by order further procedures for 
    consideration of the issues before making a final enforcement decision. 
    Written responses shall not stay the immediate effectiveness of this 
    order.
    
        For the Nuclear Regulatory Commission.
    
        Dated at Rockville, Maryland, this 22nd day of April 1998.
    James Lieberman,
    Director, Office of Enforcement.
    [FR Doc. 98-11506 Filed 4-29-98; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Published:
04/30/1998
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Document Number:
98-11506
Pages:
23813-23814 (2 pages)
Docket Numbers:
Docket No. 70-7001 Certificate No. GDP-1 EA 98-156
PDF File:
98-11506.pdf