Daily Rules, Proposed Rules, and Notices of the Federal Government
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
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 (UF
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 UF
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,
The Regional Administrator, NRC Region II, may relax or rescind, in writing, any of the above conditions upon a showing by Honeywell of good cause.
Any person adversely affected by this Confirmatory Order, other than Honeywell, may request a hearing within 20 days of its publication in the
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
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
Information about applying for a digital ID certificate is available on NRC's public Web site at
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
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
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
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
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 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 IV above shall be final 20 days from the date this Confirmatory Order is published in the