October 7, 2010
Preliminary Notice of Violation issued to Savannah River Nuclear Solutions, LLC related to a Nitric Acid Spill Event and an Electrical Arc Flash Injury Event at the Savannah River Site
This letter refers to the Office of Health, Safety and Security's Office of Enforcement investigation into the facts and circumstances surrounding the nitric acid spill event that occurred in F Area on August 18, 2009, and the electrical arc flash injury that occurred in the D Area powerhouse on September 23, 2009, at the Savannah River Site. Based on an evaluation of the evidence in this matter, the U.S. Department of Energy (DOE) has concluded that violations of 10 C.F.R Part 851, Worker Safety and Health Program, by Savannah River Nuclear Solutions, LLC (SRNS) occurred. Accordingly, DOE is issuing the enclosed Preliminary Notice of Violation (PNOV) with four Severity Level I violations and one Severity Level II violation. DOE withheld a contract fee in the amount of $3,080,000 pursuant to the Conditional Payment of Fee clause under contract number DE-AC-09-08SR22470 between DOE and SRNS for significant failures in safety performance from a series of otherwise preventable incidents, including the events and conditions described within this PNOV. Therefore, in accordance with 10 C.F.R. § 851.5(c), no civil penalty is proposed for the violations identified in this PNOV.