Information Notice 1979-30, Reporting of Defects & Noncompliances, 10 CFR Part 21

Reporting of Defects & Noncompliances, 10 CFR Part 21

ML031180193
Person / Time
Issue date:	12/06/1979
From:	NRC/IE
To:
References
IN-79-030, NUDOCS 7910250502
Download: ML031180193 (3)

Information Notice No. NO: 79-30, Reporting of Defects and Noncompliance, 10 CFR Part 21

IN79030

December 4, 1979

MEMORANDUM FOR: B. H. Grier, Director, Region I

J. P. O'Reilly, Director, Region II

J. G. Keppler, Director, Region III

K. V. Seyfrit, Director, Region IV

R. H. Engelken, Director, Region V

FROM: Harold D. Thornburg, Director, Division of Reactor

Construction Inspection, IE

SUBJECT: Information Notice No. NO: 79-30, REPORTING OF DEFECTS

AND NONCOMPLIANCE, 10 CFR PART 21.

The subject document is transmitted for issuance on December 6, 1979. The

Information Notice should be issued to all power reactor facilities holding

operating licenses and construction permits and vendors inspected by LCVIP.

Also enclosed is a draft of the transmittal letter.

Harold D. Thornburg, Director

Division of Reactor Construction

Inspection

Office of Inspection and Enforcement

Enclosures:

1. Draft Transmittal Letter

2. Information Notice No. No.

79-30

CONTACT: M. W. Peranich, IE

49-27551

.

Information Notice No. 79-30

Gentlemen:

The enclosed Information Notice provides information with regard to

reporting of defects and noncompliance, in accordance with Part 21 of Title

10, Chapter 1, Code of Federal Regulations.

This Information Notice is provided as notification of a significant matter.

Although no specific action or response is requested, it is expected that

recipients will review the information for possible applicability. If you

have questions regarding the matter, please contact me.

Sincerely,

Signature

(Regional Director)

Enclosures:

1. Information Notice No.

No. 79-30

2. List of Recently Issued

IE Information Notices

SSINS: 6870

Accession No: 7910250502

December 6, 1979

Information Notice No. 79-30

REPORTING OF DEFECTS AND NONCOMPLIANCES, 10 CFR PART 21

Background

Section 21.1, Title 10, Code of Federal Regulations, Chapter 1, Part 21,

states, "The regulations in this part establish procedures and requirements

for implementation of Section 206 of the Energy Reorganization Act of 1974.

That Section requires any individual director or responsible officer of a firm constructing, owning, operating or supplying the components of any facility or activity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act of 1974, who obtains information reasonably indicating: (a) that the facility, activity or basic component supplied to such facility or activity fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Commission relating to substantial safety hazards or (b) that the facility, activity, or basic component supplied to such facility or activity contains defects which could create a substantial safety hazard, to immediately notify the Commission of such failure to comply or such defect, unless he has actual knowledge that the Commission has been adequately informed of such defect or failure to comply."

Discussion

Recent inspections performed by NRC Office of Inspection and Enforcement personnel reveal a general misunderstanding of 10 CFR Part 21 requirements in cases where a licensee or nonlicensee has selected to rely on other reporting requirements such as 50.55(e) and Regulatory Guide 1.16 as the means to adequately inform the Commission of a matter reportable under Part 21. In this area inspection findings have consistently shown that many activities covered by Part 21 have not been appropriately considered in procedures and other instructions currently being implemented. Specifically, the provisions of 21.21(a)(1), 21.21(a)(2), 21.21(b)(3) and 21.51 are not being adequately addressed.

Compliance with each element of the rule is necessary to assure proper handling of matters subject to consideration and reporting under Part 21.

Your attention is directed to Section 21.51 which requires that each individual or organization subject to 10 CFR Part 21 prepare records sufficient to assure compliance with the requirements of that part.

All holders of NRC licenses or permits issued pursuant to 10 CFR Part 50, architect-engineers, contractors and suppliers subject to Part 21 requirements should ensure that management control systems are established to assure that all requirements of 10 CFR Part 21 are met, with particular emphasis on the specific areas discussed above.