The Nuclear Regulatory Commission (NRC) has issued four confirmatory orders requiring Erwin-based Nuclear Fuel Services and the company's contract physician to correct deficiencies stemming from two separate situations:

* a former senior company executive's 2006 violation of the NRC's fitness-for-duty requirements,

* and the failure to administer required hearing tests to security officers.

Announcement that the confirmatory orders had been issued to NFS was made in a press release issued Tuesday by the Region II office of the Nuclear Regulatory Commission, based in Atlanta.

As reported in The Greeneville Sun on Jan. 15, the NRC formally notified Nuclear Fuel Services in early January that an NRC investigation begun April 20, 2006, had found "seven apparent violations" of NRC policies in connection with the two situations.

The notification came in a letter to NFS from Kriss M. Kennedy, the NRC Region II's director, Division of Nuclear Safety.

The regulatory agency gave NFS three options for responding to the investigation's findings, and the company chose the option of "Alternate Dispute Resolution" (ADR) with the NRC.

The Nov. 24 release explained that the ADR process uses a neutral mediator with no decision-making authority to assist the NRC and its license holders in resolving differences.

The confirmatory order related to the former NFS executive noted that NFS has completed "disciplinary action and organizational change with respect to the senior executive."

The orders related to the fitness for duty issue require the Erwin facility to modify its fitness-for-duty procedures and training, and establish avenues for the reporting of substance-abuse-related concerns.

Those reporting avenues must include the creation of a corporate ethics hotline, and policies allowing for anonymous reporting.

In addition, two separate and unrelated orders require NFS and its contract physician to review processes, establish appropriate standards and take other corrective actions after a process error led to two security officers not being given required hearing tests.

"The contract physician certified that guards were medically qualified for duty despite not having taken the hearing test, but the officers were tested later and passed.

The NRC "will not issue any violation or take any other enforcement action related to these issues.

"However, the NRC staff will evaluate the commitments during future inspections."

Copies of the confirmation orders are available on the NRC Web site at: http://www.nrc.gov/reading-rm/adams.html\" www.nrc.gov/reading-rm/adams.html.

This summary of violations related to the senior executive and the contract physician was released:

"An extensive NRC investigation and review found that [an unnamed] senior executive at NFS consumed alcohol less than five hours before a scheduled working tour of the facility in 2006, an apparent violation of federal regulations.

"The NRC determined that the company failed to immediately relieve the executive of his duties and also failed to administer testing to determine his fitness for duty.

"Additional apparent violations were identified related to the company's review of the matter and the executive's return to work.

"That executive is no longer employed by NFS, and the company was acquired by the Babcock & Wilcox Co. early this year.

"The company's contract physician provided incomplete information to a contract professional retained by NFS to determine whether the senior executive was fit for duty, according to the NRC.

"The agency, according to the news release, found that this lack of information caused NFS to make a less-than-fully-informed decision about the executive's status before he was returned to duty.

"The contract physician also provided inaccurate information to NFS about the executive having entered a substance abuse rehabilitation program when he had not done so."

Jud Simmons, public affairs manager for the Brown and Wilcox Company, which acquired NFS, said in January when the results of the investigation were announced, that company officials were still considering how to respond to the letter from the NRC.

"Certainly this incident occurred long before B&W acquired NFS and under previous management," Simmons said.

"The letter speaks for itself. At this point, we're focused on reviewing the apparent violations cited in the letter and determining what actions we will take.

"I think it's important to note that NFS has made improvements in its operation since this 2006 event, particularly in its fitness for duty program.

"We feel that NFS does many things very well. And we feel this issue is not indicative of NFS's approach to safe and secure operations."