ML041450174

Comment (2) Submitted by Southern Nuclear Operating, John O. Meier, Re Proposed Interim Enforcement Policy for Pilot Program on the Use of Alternative Dispute Resolution in the Enforcement Program Request for Comments

ML041450174
Person / Time
Site:	Hatch, Vogtle, Farley
Issue date:	05/20/2004
From:	Meier J Southern Nuclear Operating Co
To:	Annette Vietti-Cook NRC/SECY
Ngbea E S
References
+adjud/ruledam200505, 69FR21166 00002
Download: ML041450174 (2)

Text

MAY 20 '04 08:17pm P. 2/3 John 0. Meier Southern Nuclear C

Vice President and Operating Company, Inc.

Corprate Cour5scl 40 Inverness Center Parkway Post Office Box 1295 Birmingham, Alabroa 35201-1295 Tel 205.992.535a Proposed Interim Enforcement Policy for SOUTHERNRM Pilot Program on the Use of Alternative COMPANY Dispute Resolution in the Enforcement May 20, 2004 Eneirgy ro Serv Your World' Program Request for Comments (69FR21 1 6.6) DOCKETED USNRC Ms. Annette Vietti-Cook May20, 2004 (10:15AM)

Secretary I OFFICE OF SECRETARY U.S. Nuclear Regulatory Commission RULEMAK(NGS AND Mail Stop T-6 D59 ADJUDICATIONS STAFF Washington, DC 20555-0001 Re: Nuclear Energy Institute's Comments on the Proposed interim Enforcement Policy for Pilot Program on the Use of Alternawive Dispute Resolution in the Enforcement Program (69 Fed. Reg. 21166; April 20,2004)

Dear Ms. Vietti-Cook:

1 am writing on behalf of Southern Nuclear Operating Company ("SNC') to express its concurrence with the above-referenced comments submitted by the Nuclear Energy Institute (NEI)' on behalf of the nuclear energy industry. SNC agrees with the views expressed by NEI and urges the Commission to consider NEI's suggestions to re-evaluate certain aspects of the Alternative Dispute Resolution ("ADRX) program after it has been implemented for a sufficient amount of timc.

Like NEI, SNC believes that instituting an effective ADR program as a component of the NRC's enforcement process will yield many benefits. Specifically, SNIC believes that an ADR program would provide a less adversarial process of resolving issues, promote greater communication and cooperation among the parties, minimize the time needed to obtain a resolution, optimize the commitment of licensee and staff resources, and result in potentially more effective corrective actions, if warranted.

SNC urges the Commission to give strong consideration to NEI's comments concerning the re-evaluation of the Enforcemcnt Policy's treatment of an ADR settlement as a factor in determining a future civil penalty amount, and the issuance of a press release when a settlement is reached through ADR after the conclusion of an 01 investigation. SNC believes that after the XNEI is the organization rusponsible for establishing unified nuclear industry policy on matters affecting the nuclear energy industry, including regulatory aspects of generic opcrational and technical issues. NEI members include all utilities licensed to operate commercial nuclear power plants in the United States.

IerplfPoI-ecY--oc71 SEC(I-oC

MAY 20 '04 08:17AM P.3/3 Ms. Annette Vietti-Cook May 20, 2004 Page 2 program has been used for a sufficient period of time, the Commission will be better able to evaluate these features.

Subject to the two concerns described above, SNC believes that an ADR process has the potential to avoid some of the problems that licensees and other stakeholders have identified in the past with respect to the agency's handling of discrimination and wrongdoing cases. SNC appreciates the Commission's initiation of an ADR process and will provide feedback when the NRC considers establishing the ADR program as a permanent part of the enforcement process.

If you have any questions concerning SNC's position, or would like to discuss these comments fulrther, please feel free to contact me at (205) 992-5358.

Sincerely, JOM:mgd Cc: Mr. Charles M. Dugger