ML110250074
| ML110250074 | |
| Person / Time | |
|---|---|
| Site: | National Bureau of Standards Reactor |
| Issue date: | 03/28/2011 |
| From: | Leeds E Office of Nuclear Reactor Regulation |
| To: | O'Kelly S US Dept of Commerce, National Institute of Standards & Technology (NIST) |
| Eads J, NRR/ADRA/DPR/PROB, 415-1471 | |
| References | |
| Y020100240, TAC ME4889 | |
| Download: ML110250074 (9) | |
Text
March 28, 2011 Sean OKelly, Ph.D., Chief NCNR Reactor Operations and Engineering NIST Center for Neutron Research National Institute of Standards and Technology U.S. Department of Commerce 100 Bureau Drive, Mail Stop 8561 Gaithersburg, MD 20899-8561
Dear Dr. OKelly:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter dated October 12, 2010, on unannounced inspections at research and test reactors (Agencywide Documents Access and Management System Accession No. ML102920681).
Your letter raises concerns about the agencys oversight policy with regard to unannounced inspections at your National Institute of Standards and Technology reactor facility and contends that these inspections are inappropriate at research and test reactors and that they are contrary to the requirements in Title 10 of the Code of Federal Regulations (10 CFR) 50.70, Inspections.
The fundamental issue in your October 12, 2010, letter appears to be the NRCs authority to conduct unannounced inspections at research and test reactors (RTRs). In accordance with 10 CFR 50.3, the staff has coordinated its response to your letter with the NRCs Office of General Counsel (OGC). Based on our review of the issue, we respectfully disagree with your assessments and have found that the NRC does have the authority to conduct unannounced inspections at RTRs. Below is a brief description of the staffs analysis of the issue:
The regulation that governs inspections at research and test reactors appears in 10 CFR 50.70(a), which states the following:
Each applicant for or holder of a license, including a construction permit or an early site permit, shall permit inspection, by duly authorized representatives of the Commission, of his records, premises, activities, and of licensed materials in possession or use, related to the license or construction permit or early site permit as may be necessary to effectuate the purposes of the Act, as amended, including Section 105 of the Act, and the Energy Reorganization Act of 1974, as amended.
NRC Inspection Manual Chapter (IMC) 0300, Announced and Unannounced Inspections, dated March 24, 1994, describes the agencys policy for the conduct of announced and unannounced inspections and defines an unannounced inspection as an inspection in which the inspecting organization does not notify the licensee or vendor of the inspection until the inspector arrives at the site where the inspection is to be conducted. IMC 0300 states that the general policy for the reactor inspection program is that each inspection (except those by
S. OKelly resident inspectors) shall be announced except when announcing the inspection could reasonably compromise the objectives of the inspectors. IMC 0300 further states that non-power reactor inspections will usually be announced; however, some inspections should not be announced. IMC 0300 further states that inspectors should also perform some of the inspection at times other than during the day shift. The power reactor inspection requirement that appears in 10 CFR 50.70(b)(4) states that the arrival and presence of the inspector onsite is not announced. This requirement is unrelated to the NRCs unannounced inspections, which are inspections in which notification is not given until the inspector arrives at the site.
In conclusion, inspections at research and test reactors will continue to be conducted in accordance with IMC 0300 in that inspections will usually be announced; however, some inspections will not be announced. The Division Director is responsible for making the decision not to announce an upcoming inspection, but he or she may delegate this responsibility to the appropriate branch chief. provides additional detail regarding the requirements of 10 CFR 50.70 and the NRCs policy with regard to unannounced inspections at research and test reactors. Also, enclosed for your information is a copy of NRC Inspection Manual Chapter 0300, Announced and Unannounced Inspections, dated March 24, 1994. IMC 0300 is also posted on the NRCs public Web site at http://www.nrc.gov/reading-rm/doc-collections/insp-manual/manual-chapter/mc0300.pdf.
You included a number of salient observations in your October 12, 2010, letter. Included in those observations is that NRC inspectors at the NIST Center for Neutron Research (NCNR) have always been, and will continue to be, provided unfettered access unless there is a concern for their safety. We greatly appreciate the cooperation and professionalism our inspectors have been shown by the NCNR staff and have no reason to believe that will change in the future. We have no intention of creating an unnecessary regulatory burden through the conduct of unannounced inspections. However, the NRC has the authority, and responsibility, to conduct such inspections in order to meet our mission of protecting public health and safety. We will exercise this authority only as appropriate and only to assure all licensees conduct activities at their sites with the public safety first and foremost in mind.
S. OKelly If you have any further questions about the conduct of unannounced inspections at your facility, please contact Johnny Eads at 301-415-1471 or through e-mail to Johnny.Eads@nrc.gov.
Sincerely,
/RA/
Eric J. Leeds, Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Response to Question on Unannounced Inspections
- 2. IMC 0300, Announced and Unannounced Inspections cc: See next page
S. OKelly If you have any further questions about the conduct of unannounced inspections at your facility, please contact Johnny Eads at 301-415-1471 or through e-mail to Johnny.Eads@nrc.gov.
Sincerely,
/RA/
Eric J. Leeds, Director Office of Nuclear Reactor Regulation
Enclosures:
- 1. Response to Question on Unannounced Inspections
- 2. IMC 0300, Announced and Unannounced Inspections cc: See next page DISTRIBUTION: Y020100240 PUBLIC GSchoenebeck RidsNrrOd RidsNrrMailCenter RidsAdmMailCenter RidsNrrDpr GLappert ADAMS Accession Nos. Package: ML110250212 Incoming: ML102920529 Response: ML110250074 OFFICE PM/PROB LA/PRTB QTE BC/PRTB OGC D/DPR D/NRR TMcGinty NAME GSchoenebeck GLappert K. Azariah JEads BMizuno ELeeds (TBlount for)
DATE 01/26/11 01/27/11 01/28/11 03/17/11 03/17/11 03/22/11 3/28/11 OFFICAL RECORD COPY
National Institute of Standards and Technology Docket No. 50-184 cc:
Environmental Program Manager III Radiological Health Program Air & Radiation Management Adm.
Maryland Dept of the Environment 1800 Washington Blvd, Suite 750 Baltimore, MD 21230-1724 Director, Department of State Planning 301 West Preston Street Baltimore, MD 21201 Director, Air & Radiation Management Adm.
Maryland Dept of the Environment 1800 Washington Blvd., Suite 710 Baltimore, MD 21230 Director, Department of Natural Resources Power Plant Siting Program Energy and Coastal Zone Administration Tawes State Office Building Annapolis, MD 21401 President Montgomery County Council 100 Maryland Avenue Rockville, MD 20850 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611
RESPONSE TO QUESTION ON UNANNOUNCED INSPECTIONS Introduction The regulation that governs inspections at research and test reactors appears in Title 10 of the Code of Federal Regulations (10 CFR) 50.70(a), which states the following:
Each applicant for or holder of a license, including a construction permit or an early site permit, shall permit inspection, by duly authorized representatives of the Commission, of his records, premises, activities, and of licensed materials in possession or use, related to the license or construction permit or early site permit as may be necessary to effectuate the purposes of the Act, as amended, including Section 105 of the Act, and the Energy Reorganization Act of 1974, as amended.
U.S. Nuclear Regulatory Commission (NRC) Inspection Manual Chapter (IMC) 0300, Announced and Unannounced Inspections, dated March 24, 1994, describes the agencys unannounced inspections policy. IMC 0300 states that the general policy for the reactor inspection program is that each inspection (except those by resident inspectors) shall be announced except when announcing the inspection could reasonably compromise the objectives of the inspectors.
Discussion of IMC 0300 The key sections of IMC 0300 below describe the NRCs policy for the conduct of unannounced inspections.
Section 03.02, Unannounced Inspection, defines an unannounced inspection as an inspection in which the inspecting organization does not notify the licensee or vendor of the inspection until the inspector arrives at the site where the inspection is to be conducted.
Section 05.01, General, states, Unannounced inspections allow inspectors to observe licensee or vendor personnel performing licensed activities under normal circumstances. The NRC would typically not announce inspections in which a significant portion of the inspection is devoted to evaluating licensee personnel perform specific licensed tasks such as security and health physic activities. However, the NRC would typically announce inspections that consist primarily of reviewing documents or verifying completed activities.
Section 05.02, Reactor Policy, states, Non-power reactor inspections will usually be announced since they involve interviews with facility personnel, observations of facility activities, and extensive record reviews. The NRC established the general policy for power and non-power reactors to encourage announced inspections that permit the NRC, vendors, and licensees to use their resources efficiently through adequate planning and consideration of the licensees and vendors schedule of operations and the availability of key personnel. However, some inspections should not be announced for the reasons in paragraph 05.01. The decision to not announce an upcoming inspection is the responsibility of the division director, but may be delegated to the appropriate branch chief.
Enclosure 1
Section 05.09, Unannounced Inspections, states, Inspectors should avoid following inspection patterns and practices in such a way that a licensee can predict when unannounced inspections will be performed. Inspection patterns may enable licensees to predict the time of inspections and prepare for the inspection of the working area, records, or other items.
Section 05.09(c), Patterns of Inspection Performance, states, To ensure that the licensee will not have the opportunity to prepare working areas, documents in use, and other items during the unannounced inspection, the inspection of the facility should start shortly after arriving on site. The inspector should vary the order of onsite activities so that the first several hours at the facility are not always spent meeting with management and reviewing records. The inspectors should conduct required walk-through inspections or inspections of working areas as soon as practicable after arriving at the site. The inspectors should also perform some of the inspection at times other than during the day shift.
Discussion of 10 CFR 50.70(b)(4)
As stated in your letter dated October 12, 2010, on unannounced inspections at research and test reactors (Agencywide Documents Access and Management System Accession No. ML102920681), 10 CFR 50.70(b)(4) applies only to nuclear power reactors. The regulation states, The licensee or construction permit holder (nuclear power reactor only) shall ensure that the arrival and presence of an NRC inspector, who has been properly authorized facility access as described in paragraph (b)(3) of this section, is not announced or otherwise communicated by its employees or contractors to other persons at the facility unless specifically requested by the NRC inspector. This power reactor requirement merely states that the arrival and presence of the inspector on site is not announced. This requirement is unrelated to NRC unannounced inspections, which are inspections in which notification is not given until the inspector arrives at the site.
Summary The regulatory requirement that governs inspections at research and test reactors appears in 10 CFR 50.70(a), which states that licensees shall permit inspection, by duly authorized representatives of the Commission, of his records, premises, activities, and of licensed materials in possession or use, related to the license or construction permit or early site permit as may be necessary to effectuate the purposes of the Act.
IMC 0300 describes the NRCs policy for the conduct of announced and unannounced inspections and defines an unannounced inspection as an inspection in which the inspecting organization does not notify the licensee or vendor of the inspection until the inspector arrives at the site where the inspection is to be conducted. IMC 0300 further states that non-power reactor inspections will usually be announced; however, some inspections should not be announced. IMC 0300 further states that inspectors should also perform some of the inspection at times other than during the day shift.
The power reactor inspection requirement that appears in 10 CFR 50.70(b)(4) states that the arrival and presence of the inspector onsite is not announced. This requirement is unrelated to the NRCs unannounced inspections at research and test reactors, which are inspections in which notification is not given until the inspector arrives at the site.
2
In conclusion, inspections at research and test reactors will continue to be conducted in accordance with IMC 0300 in that inspections will usually be announced; however, some inspections will not be announced. The Division Director is responsible for making the decision not to announce an upcoming inspection, but he or she may delegate this responsibility to the appropriate branch chief.
3
Enclosure 2 NRC Inspection Manual Chapter 0300, Announced and Unannounced Inspections http://www.nrc.gov/reading-rm/doc-collections/insp-manual/manual-chapter/mc0300.pdf