NRC ORDER – ORDER

On October 12, 2010, the Atomic Safety and Licensing Board (Board) issued an Order approving a settlement agreement between Babcock and Wilcox Nuclear Operations Group, Inc. (B&W NOG) (formerly BWX Technologies (BWXT), Inc) and the NRC related to the failure by B&W NOG to adequately neutralize a spill of hydrofluoric acid (HF) which, on April 28, 2008, resulted in an operator receiving an ocular exposure requiring onsite and offsite emergency medical treatment. The original enforcement action associated with this incident, which was retracted and reissued on February 23, 2010, was issued on October 20, 2008 (ML082960026). In accordance with the Board Order, the NRC agreed (1) to withdraw the Order imposing a monetary civil penalty in the amount of $32,500 issued on June 15, 2010 (ML101580256); and, (2) to recategorize the violation issued on February 23, 2010 (ML100540701) from a Severity Level III violation to a violation with no severity level. In accordance with the Board Order, B&W agreed to (1) not challenge the existence of a violation of NRC requirements related to the HF spill and withdraw its request for a hearing; (2) pay a settlement fee of $32,500 in lieu of the withdrawn civil penalty; (3) perform one quarterly emergency drill within a twelve-month period related to a chemical exposure event; and, (4) give a presentation addressing lessons learned at the 2011 Fuel Cycle Information Exchange.