ML013110434
| ML013110434 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/2001 |
| From: | Matthews D Operational Experience and Non-Power Reactors Branch |
| To: | |
| References | |
| TAC MB3245 RIS-01-020 | |
| Download: ML013110434 (6) | |
See also: RIS 2001-20
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001
November 14, 2001
NRC REGULATORY ISSUE SUMMARY 2001-20: REVISIONS TO
STAFF GUIDANCE FOR IMPLEMENTING NRC POLICY ON NOTICES
ADDRESSEES
All holders of operating licenses for nuclear power reactors, except those who have
permanently ceased operations and have certified that fuel has been permanently removed
from the reactor vessel.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to notify addressees that NRC Inspection Manual Part 9900, Technical Guidance - Notices of
Enforcement Discretion, (NOEDs) has been revised to clarify the staffs existing policy on
allowable risk associated in granting regular NOEDs. The revision is attached.
This RIS supersedes RIS 2001-10 dated April 2, 2001, on the same subject. This RIS does not
transmit any new requirements or staff positions. No specific action or written response is
required.
BACKGROUND INFORMATION
The NRC expects all nuclear power plant licensees to operate their facilities safely and in
compliance with NRC regulations, the plant license, including technical specifications (TS), and
other requirements. Nevertheless, in unusual circumstances, strict compliance with an NRC
requirement could result in an unnecessary plant transient or unnecessary delays in plant
startup or the performance of a test, inspection, or system realignment that is inappropriate for
the prevailing plant conditions. In these circumstances, licensees may request that the NRC
exercise discretion and refrain from enforcing applicable TS before a violation occurs. The
NRC issues an NOED only when it is clear that the action is consistent with the agency's
mission to protect public health and safety. NUREG-1600, the NRC's General Statement of
Policy and Procedures for NRC Enforcement Actions (Enforcement Policy), establishes NRC
policy for granting or denying requests for NOEDs.
DISCUSSION
The staff guidance on evaluating NOED requests has always been that the granting of any
"regular" NOED (as distinguished from a "weather-related" NOED) must be at least safety and
risk neutral. In the previous revision to the staff NOED guidance in Inspection Manual Part
9900, dated December 12, 2000, and as transmitted by RIS 2001-10, dated April 2, 2001, we
Page 2 of 2
clarified the difference between "regular" and "weather-related" NOEDs. In doing so, the staff
prefaced the Section B.2.1 discussion of "regular" NOEDs with the statement: "Granting of this
type of an NOED shall not involve an increase in radiological risk." This was not intended to be
a change from the staffs previous requirement that such NOEDs must be at least safety and
risk neutral. However, because it was a new statement and was not explained adequately, it
was subject to misinterpretation and caused some confusion.
The attached revision clarifies the staffs intent. This is the only significant change to the
guidance. Other changes are administrative or editorial.
BACKFIT DISCUSSION
This regulatory issue summary requires no action or written response. Recommended licensee
actions are voluntary. Consequently, the staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
The staff did not publish a notice of opportunity for public comment in the Federal Register
because this regulatory issue summary is informational and pertains to a staff procedure. The
policy that the procedure implements was published in the Federal Register and the NRC staff
considered all of the comments it received.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not request any information collection.
If you have any questions concerning this matter, please contact one of the technical contacts
listed below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager..
[RA Christopher I.Grimes for ]
David B. Matthews, Director
Division of Regulatory Improvement Programs
Office of Nuclear Reactor Regulation
Technical contacts:
L. Raghavan, NRR
H. Berkow, NRR
301-415-1471
301-415-1485
E-mail: lxr1@nrc.gov
E-mail: hnb@nrc.gov
Attachments:
1. NRC Inspection Manual Part 9900 - Technical Guidance
Notices of Enforcement Discretion
2. List of Recently Issued Regulatory Issue Summaries
ML013190655 (Package #)
OFFICE
Tech Editor
LPDII
REXB
AC:REXB
D:DRIP
NAME
LRaghaven*
PKleene*
TGoldberg* HBerkow*
JTappert*
EVImbro*
DMatthews
DATE
10/29/2001
10/24/2001
11/06/2001
10/24/2001
11/07/2001
11/08/2001
11/13/2001
______________________________________________________________________________________
OL = Operating License
CP = Construction Permit
Attachment 2
Page 1 of 1
LIST OF RECENTLY ISSUED
NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue
Date of
Summary No.
Subject
Issuance
Issued to
_____________________________________________________________________________________
2001-19
Deficiencies in the Documentation of
Design Basis Radiological Analyses
Submitted in Conjunction with License
Amendment Requests
10/18/2001
All holder of operating licenses for
nuclear power reactors
2001-18
Requirements for Oath or Affirmation
08/22/2001
All holders of construction permits or
operating licenses for nuclear power
reactors and non-power reactors
under Part 50 of Title 10 of the Code
of Federal Regulations (10 CFR Part 50), including those who have
permanently ceased operations and
have certified that fuel has been
permanently
removed
from
the
reactor vessel, holders of licenses
issued under 10 CFR Part 72, and
holders of certificates issued under
2001-17
Preparation and Scheduling of Operator
Licensing Examinations
08/22/2001
All holders of operating licenses for
nuclear power reactors, except those
who
have
permanently
ceased
operations and have certified that fuel
has been permanently removed from
the reactor vessel
2001-16
Update of Evacuation Time Estimates
08/01/2001
All holders of operating licenses for
nuclear power plants
2001-15
Performance of DC-Powered Motor-
Operated Valve Actuators
08/01/2001
All holders of operating licenses for
nuclear power reactors, except those
who
have
permanently
ceased
operations and have certified that fuel
has been permanently removed from
the reactor vessel