DRC-2025-000139

December 27, 2024
Vern Rogers
Director, Regulatory Affairs
EnergySolutions, LLC
299 South Main Street, Suite 1700
Salt Lake City, Utah 84111
RE:Compliance Advisory No. XXXXXXX
Compliance Evaluation InspectionRadioactive Materials Licenses No. UT2300249 and No. UT2300478;
Dear Mr. Rogers:
This Compliance Advisory is being sent to your attention as a representative of EnergySolutions,LLC(the Respondent). According to the Division of Waste Management and Radiation Control’s
(Division) records, you are the designated contact person for the Respondent. OnDecember 3rd - 12th, 2024, representatives of the Division conducted a compliance evaluation inspection
at the Respondent’s facility. The scope of the inspection was to verify compliance withLicenses No. UT2300249 and No. UT2300478(the Licenses),Utah Administrative Code R313 (the Rules),and
the Utah Radiation Control Act (the Act).
Based on observations and information obtained during the inspection, the Director of the Division (Director) is issuing this Compliance Advisory to provide the Respondent with notice
of the followingcompliance issues as well as an opportunity to correct these apparent compliance issues: License No. UT2300249 Condition 62requires “All burial embankments and waste
storage areas, including immediately adjacent drainage structures, shall be controlled a~ Restricted Areas, surrounded by a six-foot chain link fence, except as expressly provided in
Condition 57. Upon site closure, all permanent fences shall be six-feet high chain link topped with three strand barbed wire, tip tension wire and twisted selvedge”.In Addition to the
license condition mentioned above, EnergySolutions’ Operating Procedures:CL-RS-PG-002 rev. 21: Clive Facility Radiation Protection Program states that:
“3.3.1.1 Personnel entry control shall be maintained for the Restricted Area. A qualified Gate guard shall be stationed whenever personnel are inside the Restricted Area.”
“3.3.1.5 The access control gate must be locked or controlled by a designated person meeting required certification requirements.”
During a comprehensive inspection conducted by Division Inspectors on December 3rd and 4th, it was observed that Restricted Area Gate 22, situated north of the Section 32 – East Rotary
Facility, was left open and unattended with no qualified gate guard present at the entrance of the gate on either day.
Upon these observations, Division Inspectors contacted on-duty personnel. EnergySolutions' personnel acknowledged the concern and implemented corrective action. The following Corrective
actions were taken:
On December 3rd; A follow-up inspection by Division Inspectors verified that Gate 22was closed and locked.
On December 4th; A follow-up Inspection by Division Inspectors verified that a qualified Gate guard was stationed at Gate 22 entrance, during ongoing operations inside the Restricted
area.
Requested Corrective Action:Please ensure that all Restricted Areas must remain either securely closed and locked or actively monitored and controlled by a qualified gate guard whenever
personnel are present within the Restricted Area.
Pursuant to this Compliance Advisory, the Director is providing the Respondent an opportunity to correct the apparent compliance issues. The Director will also consider any evidence
and additional information provided by the Respondent.
Within 30 days of the date of this Compliance Advisory, please submit the following requested documentation regarding each compliance issue and associated corrective actions to the Director:
the cause of each compliance issue;
the specific corrective actions taken, results achieved, and applicable dates;
if future corrective actions are proposed, the specific corrective actions and proposed completion dates, including intermediate milestones, as applicable; and
how the corrective actions will prevent similar compliance issues from recurring.
All information regarding corrective actions relating to this matter should be addressed to the Director at:
Douglas J. Hansen, DirectorDivision of Waste Management and Radiation ControlP.O. Box 144880Salt Lake City, UT 84114-4880or by email at: [e-mail]
DO NOT submit any documents or information through email that are protected,confidential, proprietary, orfor which you are claiming business confidentiality underUtah Code § 63G-2-305.
To better ensure records are protected, all suchdocuments and information must be submitted using the mailing address above and
in accordance with Utah Code § 63G-2-309.
If the Respondent demonstrates that it has taken appropriate corrective actionsregarding the matters addressed in this Compliance Advisory, the Director will issue a closeout letter
and will consider this matter to be closed.However, if the Respondent fails to demonstrate appropriate corrective actions within the30-day timeframe, the Director will consider taking
escalated enforcement actions, including seeking financial penalties. In all events, the matters addressed in this Compliance Advisory, including the Respondent’s corrective actions,
will become part of the Respondent’s compliance record and may be considered in connection with future enforcement matters.
If you have any questions, please contactInva Brahaat 385-515-7771.
Sincerely,
Douglas J. Hansen, Director
Division of Waste Management and Radiation Control
DJH/IB/[???]
Enclosure(s)
c:Jeff Coombs, Health Officer, Tooele County Health Department
Bryan Slade, Environmental Health Director, Tooele County Health Department
EnergySolutions General Correspondence Email
LLRW General Correspondence Email