oi Energy

DC 

January 29, 2015

CERTIFIED MALI:
RETURN RECEIPT 

Mr. Dennis Carr

Portsmouth Site Project Director
FluorwBo?rW Portsmouth, LLC
3930 US Route 23 South
Fiireton. Ohio 45661


Dear Mr. Carr:

This letter refers to the Department of Energy?s (DOE) Of?ce of Enterprise
Assessments? investigation into the facts and circumstances associated with the
improper alteration of radiation protection (RP) records at the Portsmouth
Gaseous Diffusion Plant (PORT-S) decontamination and decommissioning project
in April 2013. The Of?ce of Enforcement provided the results of the
investigation to Floor-Bch Portsmouth, LLC (FBP) in an investigation report
dated September 23, 20 14, An enforcement conference was convened on
November 13, 2014, with you and members of your staff to discuss the report?s
?ndings and corrective action plan. A summary of the enforcement
conference and list of attendees is enclosed.

DOE considers the falsification and other improper alteration oi?RP records to be
of high safety signi?cance. Although no individuals received a radiological dose
as a result of these events, the events uncovered extensive breakdowns in the FBP
RP program, including willful falsification of documents by FBP managers, and
posed an elevated risk. of unplanned radiological exposures to PORTS workers
and the public. These events revealed several speci?c de?ciencies including:

(1) falsi?cation and other improper alteration of RP records, (2) failure to
effectively implement quality improvement programs. failure to ensure that
instruments and equipment used for monitoring are routinely tested for operability
and failure to e?ectively implement work processes, (4) failure to appropriately
manage RP records, and (5) failure to ensure adequate training and quali?cation
of RP personnel.

Based on the evaluation of the evidence in this matter, including information
presented at the enforcement conference, DOE concludes that El? violated
requirements enforceable under 10 CPR. 820.1 l= Information requirements;
10 .F.R. Part 830, Nuclear Safety Management, Subpart A, Quality Assurance

Requirements; and H) CLFR. Part 835. Occ'iiprn?nmoi Radiation Protection.
Accordingly, DOE hereby issues the enclosed Preliminary Notice of Violation
(PNOV), which cites one Severity Level violation. three Severity Level ll
violations, and one Severity Level violation, with a total proposed base civil
penalty, before mitigation. of$390,000.

in determining the appropriate civil penalty for the Severity Level 1 violation,
DOB grants 25 percent mitigation based on self?identi?cation of the associated
violations and corrective action by FBP. For the three Severity Level II
violations, DOE grants 25 percent mitigation for identifying the associated
violations after con?rming that falsi?cation had occurred. For two of the Severity
Level ll. violations, DOE also grants 25 percent mitigation for corrective actions
that appear to make recurrence of these issues less likely. The remaining Severity
Level violation is for quality improvement; historically, DOE has not granted
mitigation for corrective actions taken for such violations. Consistent with past
practice. DOE has not imposed a civil penalty for the Severity Level 111 violation.
As a result, the total preposed civil penalty is $243,750.

Pursuant to 10 CPR. 820.24, Preliminw?y Notice of Vioituion, you are
obligated to ?le a written reply within 30 calendar days after the date of filing of
the enclosed PNOV and to follow the instructions specified in the PNOV when
preparing your response. lt?you fail to submit a reply within the 30 calendar days.
then in accordance with 10 C.F.R. 820.33, Default order, subsection DOE
may pursue a Default Order.

After reviewing your reply to the PNO V, including any prOposed additional
corrective actions entered into DOii?s Noncompliance Tracking System, DOE
will determine whether any further action is necessary to ensure compliance with
DOE nuclear safety requirements. DOE will continue to monitor the completion
of corrective actions until this matter is fully resolved.

Sincerely,


new,? 

Steven C. Simonson

Director

Of?ce of Enforcement

Of?ce of Enterprise Assessments

Enclosures: Preliminary Notice of Vioiation (NEAJGE SAOE 
Enforcement Conference Summary and List of Attendees

cc: William Murphie. DOE 
Vincent Adams. DOE 
Thomas Hines, DOE 
Doug Foge'i. BP