10 CFR 21.21(a)(2), Interim Report for Comply or Defect in Component

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Interim Report for Comply or Defect in Component

(2) Ensure that if an evaluation of an identified deviation or failure to comply potentially associated with a substantial safety hazard cannot be completed within 60 days from discovery of the deviation or failure to comply, an interim report is prepared and submitted to the Commission through a director or responsible officer or designated person as discussed in § 21.21(d)(5). The interim report should describe the deviation or failure to comply that is being evaluated and should also state when the evaluation will be completed. This interim report must be submitted in writing within 60 days of discovery of the deviation or failure to comply.

How to submit Interim Report?

The main method for communicating Interim Report is by a memo.

Reviewing examples, in many cases, the (a)(2) notification was performed by calling the ENS line; in most of those cases, Instead of using a NRC Form 361 to document the discussion on the ENS line, those callers prepared a memo, called the ENS line and fax/emailed the memo to the Hoo.Hoc@nrc.gov. Hoo.Hoc@nrc.gov then posted that memo as an ML number on the docket. If a site did use the NRC Form 361 for a (a)(2) Interim Report instead of a memo, it appears that Hoo.Hoc@nrc.gov will post that form or proxy of the form as an ML number.

Below are ENS examples using (a)(2). This does not capture all (a)(2) if it was submitted by memo only (via EIE) or if the ENS was accompanied by a memo.

If its not reportable after Interim?

The best guidance for the situation of what to do after an interim report was submitted, and at the end, the issue is not reportable.

  • NEI 14-09: "Additionally a written report must be submitted to the NRC upon completion of the extended evaluation period granted by the 10 CFR 21.21 (a)(2) notification."

In other words, close the loop on the docket. This step may not technically required by CFR rules but is appropriate by NEI guidance.

See also