ML14181A348
| ML14181A348 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 12/31/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Hinnant C CAROLINA POWER & LIGHT CO. |
| References | |
| NUDOCS 9701210417 | |
| Download: ML14181A348 (8) | |
Text
DecEmber 31, 1996 Carolina Power & Light Company ATTN: Mr. C. S. Hinnant Vice President H. B. Robinson Steam Electric Plant Unit 2 3581 West Entrance Road Hartsville, SC 29551-0790
SUBJECT:
RECENT REVISION TO THE NRC ENFORCEMENT POLICY REGARDING PREDECISIONAL ENFORCEMENT CONFERENCES
Dear Mr. Hinnant:
This is to advise you of a change to the Nuclear Regulatory Commission's Enforcement Policy which is published as NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions. The significant change involves how predecisional enforcement conferences will be conducted.
Effective December 10, 1996, all predecisional enforcement conferences scheduled after that date will be open to public observation with some exceptions. This change was noticed in the Federal Register, 61 FR 65088, December 10, 1996.
This action culminates a trial program initiated on July 10, 1992, where select conferences were designated as open. As stated in the referenced Federal Register notice "Opening predecisional enforcement conferences is consistent with the agency's principles of good regulation and normal agency policy. The intent of open conferences is not to maximize public attendance, but to provide the public with an opportunity to observe the regulatory process."
Region II has conducted a significant number of open conferences during the trial period. The staff has found that there has been little, if any, negative impact on their ability to engage in effective interactive communication with licensees during the conference.
Enclosed is a copy of the Federal Register notice for your information. You should refer to the notice and Section V of the Enforcement Policy for discussion of those situations where predecisional enforcement conferences will be closed to public observation.
9701210417 961231 PDR ADOCK 05000261 PDR
CP&L 2
Should you have any questions, please contact Mr. Bruno Uryc, Director, Enforcement and Investigation Coordination Staff. Region II, at either 1-800-577-8510 or 404-331-5505.
Sincerely Original signed by Stewart D. Ebneter Stewart D. Ebneter Regional Administrator Docket No.: 50-261 License No.: DPR-23
Enclosure:
Federal Register, 61 FR 65088, December 10, 1996 cc w/encl:
Dale E. Young Plant Manager H. B. Robinson Steam Electric Plant 3581 West Entrance Road Hartsville, SC 29551-0790 J. Cowan, Manager Operations & Environmental Support MS OHS7 Carolina Power & Light Company P. 0. Box 1551 Raleigh, NC 27602 R. M. Krich, Manager Regulatory Affairs H. B. Robinson Steam Electric Plant 3581 West Entrance Road Hartsville, SC 29551-0790 Max Batavia, Chief Bureau of Radiological Health Dept. of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 Dayne H. Brown, Director Division of Radiation Protection N. C. Department of Environmental Health & Natural Resources P. 0. Box 27687 Raleigh, NC 27611-7687 cc w/encl continued: See page 3
CP&L 3
cc w/encl: Continued W. D. Johnson, Vice President v and Senior Counsel Carolina Power & Light Co.
P. 0. Box 1551 Raleigh, NC 27602 Karen E. Long Assistant Attorney General State of North Carolina P. 0. Box 629 Raleigh, NC 27602 Robert P. Gruber Executive Director Public Staff - NCUC P. 0. Box 29520 Raleigh, NC 27626-0520 Public Service Commission State of South Carolina P. 0. Box 11649 Columbia, SC 29211 Hartsville Memorial Library 147 W. College Avenue Hartsville, SC 29551-0790 Distribution w/o encl:
M. Shymlock, RII B. Mozafari, NRR J. Lieberman, OE M. N. Miller, RII R. Aiello, RII PUBLIC NRC Resident Inspector U. S. Nuclear Regulatory Commission 2112 Old Camden Road Hartsville, SC 29551-0790 OFFICF R1I-FI RIITORA SIGNATURE NAME BUyr alt LReyes
- DATE 96 12
/
96 12/
/96 12 96 12 96 12 96 COPY?
YES NO YES NO YES NO YES NO YES NO YES NO U71CAL LURU_ UPY UULUMENI NAME:
- \\RUBEN.E
65088 Federal Register I Vol. B1, No. 238 I Tuesday, December 10, 1996
'Notices to satisfy the plant esign basis.
condition. Noneth the linsee was nos-cited violation. and consideration Specifically, the b wout panels would aware that the pressure relief of risk in developing sanctions.
still protect the b dings' values calculated 1993 were above ww This revision is effective on superstructure fro failure. which was the stated value of 5 pef stated in the Decemr 10. 1996 Comments are due considered the pl t design basis. The UFSAR at which panels were an or before January 9,1997. The licensee contend that the 45 psf value supposed to pzpvi releL The NRC drangito Pan V of the Enforcement is not considered a plant design basis maintain thatithe was outside Policy open predecisional for reportaility iderations and of its design biis d decrased the enforent does not apply none of the princi e safety barriers was margin to the that would cause tomanfeiences that were announced seriously degrad Therefore, the building filufe therefore, the prior to the effetve date of this licensee does not asider that this deviation fr the should have revision condition was re le given the beenr NRC.
wsinB Send written comments to:
information ava' a le in October 1993.
Th this position.
1he Seatary of the Cmmission. U.S.
and therefore with this n
licensee's Nuclear Regulatory Cmmission.
violation.
.ontion that in Washington. DC 20555, ATTN:
The licensee notes that theD N
'J1 sest that the Docketing and Service Branch. Deliver description of the lolation in the cdtion was not Is. The NRC ments to: 15 Rockville Pike.
Notice of Violatio and particularly, the believes that the li misinterpreted Rodvil Maryland 202. between discussion of the olation in the t
NUREC-#6 dn and in so
-45 am and 4:15 pm. on Federal transmittal letter, that the NRC doing, filled the subject workdays. Copis o ments may be is applying a rela ly recent regulatory condition to Simply'stated, the auained at the NC Public Document position regarding a status of numerical values
- thin the UFSAR.
e t
a hih L R 2
shet. N.
Specifically, the Ii see states that it e
ire tw appears that the C Is considering all s
=y yud as not being tijwrj mAliom COKTACT statements and o tents in ther p
ce with the design jms ebern Dlor.
office of Ustans "sad o n rqients, basis, is not.
II H
l to the pressur Enforcement., U.S. Nuclear Regulatory UFSAR see sth ne thtie relief panels. a e component which Cmmin Washington. DC 20555 The licensee furth notes that while poie stated in the secon paragraph on page p
asi function in (301) 415-2741.
two of the NOV smittal letter, but protecting the ull superstructure OFPLITAR? 9inAION: The not cited as such I any of the inltheSventof er-uZ tansient
-GeneralStatumentofPolicyand vioatons i ap tht te RC of the reactor e buildings.
Procedure for NRC Enforcement violations, it ap that the NRC considers that the
'lure of the blowout
- 7. AMC CD Actons" (Enforsnt Policy or Policy) panels to function t the UFSAR stated was fast issued on September 4. 1980.
panlsThe NRC co u es that the licensee Sinc that time. the Enforcement Policy pressure of 45 psf
, in itself, a violation h
n, adequate basis for has been revised on a number of of regulatory requ' ments and a reportable situatio. The licensee mitigating the oyasions. On June 30.1995(60 FR disagrees with thi terpretation of the Acrdingly, th basdetermined 34381), the Enforeent Policy was legal significance the UFSAR. and is that a monetary I penalty in the revised in its entirety and was also participating with e Nuclear Energy amount of $50, ould be impoed published as NU-1600. The Policy Institute (NEI) to' tiate a dialogue with fr.
vioti Sectiono the u
rimrilyaddres violations by the NRC regarding e resolution of thissees and certain non-licensed theri NRCreadn e1 esoluton ofthis liene has not vided an adequate persons, as discussed further in footnotE generic issue. IThe *censee further states that notwithstan g its efforts to reach basis for the wii wal of Violation 3 to Section1. Introduction and Purpose agreement on wha the interpretation of and in Section X-Enforcement Action information in the SAR should be, (FR Doc. gW-313 F ed 12-4-06; 8:45 m]
Against Non-licensees. As described the licensee believ a that it is clear that
.A C 7in...-
below, the Commission is amending the the NRC's regulato interpretation is Enforcement Policy to address issues inconsistent with e previously issued regarding consultation with the guidance on repo bility as referenced Policy and Procedure for Enforcement Commission, open precasional in the licensee's re ponse.
Actions; Policy Statem enforce-ant conferences, non-cited
- 6. NRC Evaluation f licensee Response AGBCY: Nuclear Regulatory violations, Xhe NRC agrees t the licensee.
Commission.
based on its erron us calculations in ACTKGI Policy statement: Revision.
October 1993, con uded that the Most enforcement decisions ar made pressure relief pan Is would provide siAM: The Nuclear Regulatory at the NRC staff leveL However, based relief at values bel the reactor and Commission (NRC or Commission) is an guidan in Section M of the turbine building a rstructure failure amending its General Statement of Enforcement Policy "Responsibilities."
pressure of 80 psf.
hile the licensee Policy and Prboodure for Enforcement certain cas require formal Comiisia clearly should hav been aware that the Actions (Enforcement Policy) to revise consultation. The practice of pressure relief pan Is would provide the list of enforcement matters on which Commission cnsultation has existed relief at values abo e the 80 psf the NRC staff must consult with the since t Enforcement Policy was first superstructure p if the Commission, to modify the Policy to publlshdas an interim Policy in 1980.
calculation had adequately provide that mast predecisional performed, it is al clear that the enforcement conferences will be open to requiring this type of consultation has licensee could not port a condition public observation, to clarify the more than dol Most of the citeria that it was not aw of. even though it cirumstance. in which a licensee-for consulation weiw adopted many should have been of the identified violation will be treated as a yar ago, to address particular EUa pCLOSUPF
Federal Register / Vol. 61. No. 238 / Tuesday, December 10. 1996 / Notices 85089 Commissioner concerns or areas where from mor than two times the amount candid discussions between the NRC the NRC staff had little experience. The of the base civil penalty. However. item and licensees, limit the freexchange of NRC staff has had substantial (2) of Section l of the Policy is being information. reduce conference experience in implementing the clarified to require consuliation when effectiveness, and negatively impact the objectives of the Enforcement Policy. It the NRC staff pro a cvil penalty enforcement program. Although is relatively rare that the Commission greater than 3 ti the Seveity LevSl ind reiterated this concern during deviates from the recommended NRC I values shown in Table 1A for a sine the tra program. the Commission has staff approach. Thus, there is less need violation or problem. The NRC staff will nfnd that open enforceent for mandatory Commission involvement continue to provide notification to the conferences conducted during the trial in many enforcement matters.
Commission for all civil penaltis and program we substantially low frank Based on these factors and and open. nor wu the NRC prevented considering the significant effort ftom obtaining the information required currently expended in providing Enfeent h
to implement its enfomment program.
Commission consultation on Historically, the Enforcement Policy In some cms. the NRC staff needed to enforcement matters, the Commission has p ded that enforcement aklirpnse additional questions. but has given the NRC staff more flexibility c
e e
closed meetings the information ultimaely provided was to decide what enforcement issues between the NRC and licensees to always sufficient to meet predecisional should be brought to the Commission's excange information on otential attention because of policy significance, safety issue& Section V o the current pnedcismaforcement controversy, or known Commission Enforcement Policy states that is consistent with the interest.
coferences "ar not normally open to agency's principles of rglo Section M of the Enforcement Policy the public observation" However, on and normal agency policy S
is being modified to delete the specific July 10. 1992. the Comission Meetings Open to the Public; Final requirements for consultation with the established a 2-year trial program to Policy Statement.- 59 FR 48340:
Commission before the NRC staff issues determine if the Policy should be September 20.1994). Th intent of open enforcement actions involving material changed to make most enforenent confrnces is not to maximize public false statements. orders or civil conferences open to the public. On July attendac buttoprovidethepublic penalties to unlicensed Individuals, or 19, 1994, the NRCAnnounced that the with an opportimity to observe the civil penalties to licensed reactor trial program would be continued until regulatory prom. Although making operators. Because of the egregious the Commission had acted on the highly technical meetings open to the nature of material false statement cases, enforcement review tam's public exposes participants to the risk It is logical that they would be recommendations.
ta iformation may be misunderstood considered very significant regulatory The announcement of the trial or misconstrued, the Comission does concerns and be categorized at Severity program explained that the not find that the risk outweighs the Level I and require Commission Commission's decision on whether to public cofide gined by allowing consultation on that basis (Section III(3) establish a permanen policy for making open observation of NRC predecisional of the Enforcement Policy). The enforcement conferences open would be Commission believes that consultation based on an ment of the folowing After considering the impact on the regarding individual actions should be criteria:
NRC's ability to exercise its regulatory based on the merits of the particular (1) Whether the fact that the and safety responsibilities, the impact case. Further, under the current Policy, conference was open impacted the on the candor and openness of civil penalties are not normally issued NRC's ability to conduct a meaningful omunications during enforcement to unlicensed individuals or operators.
conference and/or implement the NRC's conferences, the impact on NRC These cases would receive Commission enforcement program:
resources, and the benefit to the public.
consultation at the request of the (2) Whether the open conference the Commission has decided to modify Executive Director for Operations impacted the licensee's ticipation in the EnforcementPolicy to provide that (EDO). The Commission receives the conference:
most conferences will be open to public advance notification of all orders, (3) Whether the NRC expended a observation. However, as for any public including those issued to unlicensed significant amount of resources in meeting, the NRC reans the discretion individuals.
makin the conference ublic: and to close the conference for a specific In addition, consultation will no (4) le extent of publc interest in cas. The criteria for closing conferences longr b reuird wen he RC taf opningthe enforcement conference.
arercrrently addressed in Section V of longer be required when the NRC staff o~n exercises discretion under Section the trial program, the Enforcement Policy. With two VI.B.Z and refrains from taking approximately 25 percent of all egle additions these criteria will continue to enforcement action for certain violations enforcement confrences were open to be used. The changes Involve opening a identified during extended shutdowns.
public observation. Open enforcement conference if it is basd on an NRC The Commission will receive advance conferences were conducted in each Office of InvestIations (01) report that notification through Enforcement regional office and with various types of has been publicly disclosed and Notifications (ENs) for the first exercise licens
. Members of the public providing flexibity to open or cose a of discretion for a plant meeting the attended 40 of the 113 open conferences conferece with the approval of the criteria of Section VII.B.2. Notification.
conducted. In most cas, three or fewer Executive Director for Operations. The not consultation, will be required when members of the public attended. The Enforcement Policy will continue to the NRC staff exercises discretion under Commision received and evaluated emphasize that predecisional Section VI.A.1 in matters in which the cments from licensees and members enforcement conferences are open for civil penalty to be proposed deviates of the public.
public observation and not participation The most significant co rn in cosistent with the NRC's policy on I Afer tha isuance of NUR-allowing public observation at open metings. he change to the VLB.3 of the Enforcemsn Policy w enforent conferences wm that open Enfocent Policy that opens s
Sedao boo 5..
conferences could Inhibit open and predecisional enforcemnt conferences
65090 Federal Register / VoL 61, No. 238 / Tuesday, December 10, 1996 / Notices will be applied to conferences for which and snction should be. However, the requirements contained in this policy the date is announced after the effective converse is not necessarily true; low risk statment appear in Section VH.C.
date of this revision.
should not necessarily reult
-I no Pblic Protecion cation
-Chad Vtiin sa~~nction or a minor violatIi be'n h
R a
o odc Non-Cited Violations 11 citedE This is bemause many violations, h
R a
o odc or sponsor, The Enforcement Policy provides although havI l rs s and a personais not required to respond examples of when discretion generally y
0" tof Informaton unless it should be considered for departing from indicative of a progrommatic umee displays a currently valid OMB control the normal approach under the Policy.
failure to comply with NRC Section VILB.1. addresses non-cited requirements and. thefore. have a high Smal Busin Regulatory Enforcement violations (NCVs) which are used to tory significance.
Fairne Act recognize the existence of a legal Enfoment Policy currently violation but are not formal violations.
don not add In accordance with the Small NCVs are used to provide an izicentive in Section VILA.I.e. wi addresses Busine Regulatory Enforcement to licensees to identify and correct the escalation of enfwrent sanctons FainS5 Act Of 1996. the NRC has violations. Criterion 1.(a). in Section In situations when the exesive d
this action is not a VILB.1. is a Severi Level IV violation duraton of a problem has resulted in a M
rule and 11s Veifed this that was Identifi by the licensee, guhaantial I rig& A dshemination with the Office of including identification through an ther is Inhereot dlscrdtin t ilarmation and RagulatoryAffalrsof event."
This discretion is normally used Levels and gani baed an risk-the Accordingly, the NRC Eafor ement when the licensee identifies and Comission belives it Is appropriate to Policy is amsnded by revising Section corrects a non-recurring violation.
modify the policy to state the I3L the first paraph in Section [V, However, this provision is not normally consdertion of risk aspects mor Seion V. and Sections Vfl.AA.(e) and used for violations that meet the criteria clearly.
VLB.1(a) to read as fows:
for Severity Level III violations, and in analyzng risk. the NRC rcognizes GENEAL STATEET OF POLICY where the circumstances justify the uncrtaintis assocated with risk A
P D
characterization at Severity Level IV.
mesamen Generally, qualitative rh RFORmElEr ACTIONS Such cases normally are the more than quantitative risk assessments are significant Severity Level IV violations.
made given the number of variables In addition, the NRC has considered associated with risk assessment. Risk p
b whether this exercise of discretion should be a consideration i proposing The Exective Director for Operations should normally be used in cases enforcement actions, but not necessarily involving violations identified through determinatadve. In do hie (EDO) and the an event. If the root cause of the event civil penalties, the Commission intends ocers of the NRC. uDn is obvious or the licensee had prior to consider, where appropriate.
Executive Director for opportunity to identify the problem but a
ate civil penalties for Srt S
and tereputy failed to take action that would have ecv l
that is agregated into a prevented the event. the licensee should Severity Level II problem.
Executive Director for Nuclear Reactor not be rewarded by the NRC's exercising Therefore, to provide sufficient Reaon. Regional Operations, and discretion not to cite the violation. On discretion to be able to appropriately' Reearch (DR), have been delegated the other hand, there may be cases consider risk in enforcement decision, the authority to approve or issue all when, notwithstanding a self-disclosing Section IV of the Policy is being scalated enforcement actions:' The violation, the licensee demonstrated modified to state that in considering the DEDS is responsible to the EDO for the initiative in identifying the violation's significance of a violation, the NRC NR1 enforcement programs. The Office root cause. In such a case, an NCV may considers the techial signifcce.i of Enforcement (OE) exercises oversight be appropriate.
actual and potential consequences. and of and implements the NRC In general. when the licensee's the regulatory significance; and that in enforcement programs. The Director, identification is through an event.
evaluating the technical s OE. acts for the Deputy Executive discretion should only be exercised risk is an appropriate consideration.
-irectors in enforcement matters in when the licensee has demonstrated Further. Section VULA.1.(e) is being their absence or as delegated.
initiative. Further, the violation should modified to state that exercise of Subject to the oversight and direction be cited if it caused the event, the cause discretion should be considered i of GE, and with the approval of the is obvious, or a clear opportunity situations wher the violation has appropriate DeputyExecutive Director, existed to identify the violation and take resulted in a substanti increase in risk, where necessary, regional offices action to prevent the event. The including cases in which the duration of normally issue Notices of Violation and Commission believes that the the violaion has contributed to the proposed civil penalties. However, Enforcement Policy should be clarified antial ease subject to the same oversight as the by deleting the reference to regional offices, the Office of Nuclear identification through an event in the Paperwork Reduction Act Statement Reactor Regulation (NRR) and the Office criterion in Section VILB.1.(a) to make This policy statement does not of Nuclear Material Safety and it clear that use of discretion is not contain a new or amended information Safeguards (NMSS) may also issue automatic if the violation is identified collection requirement subject to the Notices of Violation and proposed civil through a self-disclosing event.
Paperwork Reduction Act of 1995 (44 polfles for certain activities.
Rk-significant Violations3501 t seq.). Ei R~s-sgnfiantVilaiosrequireets were app vJ by the Te taeur "smated aircernent ad ion" as In evaluating violations for Office of Management and Budget, ud in this poLcy zmns a Notio of Violation or dvtJ pesalty for any Sewmri y Level 1. 11. or l enforcement, the higher the risk from a approval number 3150-001.
The v
t peebl many oder based upon a violation, the greater the severity level approved information colletion Vniolg.
Federal Register / VoL 61, No. 238 I Tuesday, December 10, 1996 / Notices 65091 Enforcement orders are normally issued same conclusions as those in the 01 Issued, as to the licensee's views on the by a Deputy Executive Director or the report concerming issues of intent if the apparent violationsand their root Director. OE. However, orders may also Director of 01 concludes that causes and a desciption of planned or be issued by the EDO, especially those Commission consultation is warranted:
lemdntad corrective action.
involving the more significant matters, and thepredeional enforcement The Directors of NRR and NMSS have (B) Any proposed enforcement action conference, the licensee, vendor, or also been delegated authority to issue on which the Commission asks to be other persons will be given an orders. but it is expected that normal consulted.
opportunity topi information use of this authority by NRR and NMSS consistent with the purpose of the will be confined to actions not conference. including an explanation to associated with compliance issues. The Reglatory requirements 3 have the NRC of the immediate corrective Director, Office of the Controller. has varying dege of safety, safeguards. or aions (if any) that wen taken been delegated the authority to Issue environmntal significance. Thrfore, following identification of the potential orders where licensees violate the relative importance of each violation or nonconfwma and the Commission regulations by nonpayment violation, including both the technical lamgter comprehensive actions that of license and inspection fees.
significance and the regulatory were taken or will be taken to prevent In recognition that the regulation of significance is evaluated as the first recrnce. Licensees. vendors, or other aclear activities in many cases does sp in the enforcement process. In persons will be told when a meeting is not lend itself to a mechanistic consid the significance of a a predecislonal enforcement conference.
treatment. judgment and discretion violatio staff considers the A
onal enforcement must be exercised in determining the technical significance. La. actua and is a meeting bet the severity levels of the violations and the potential consqueoc". and the Nr and the licensee Conuices are appropriate enforcement sanctions.
regulatory significanc. In evaluating narinally held in the reonal offices Including the decision to issue a Notice the techical sgificance, risk is an and are normally open to public of Violation, or to propose or impose a appropriate consideration.
observation. Conferences will not civil penalty and the amount of this normallybeopentothepuhlcifthe penalty, after considering the general onforent action being ctemplated:
principles of this statement of policy V. Predaci-ienal Enforannt (i) Would be taken against an and the technical significance of the coafirenkal individual. or if the action. though not violations and the surrounding Whenever the NRC has learned of the taken against an individual. turns on circumstances.
existence of a potential violation for whether an individual has committed Unless Commission consultation or which escalated enforcemnt action m
notification is required by this policy, appears to be warranted, or recurring (2)
MI significant personnel the NRC staff may depart, where nonconformance on the part of a fiue when the NRC has requested warranted in the public's interest. from vendor the NRC may provide an that the individual(s) involved be this policy as provided in Section VII.
opportunity for a predeciional present at the conference.
-Exercise of Enforcement Discretion."
enforcement conference with the (3) is hasd on the finch of an NRC The Commission will be provided licensee, vendor, or other person befor oe of Investigations report that has written notification of all enforcement taking enfomement action. The purpose not been blicl disclosed: or actions involving civil penalties or of the conference is to obtain (4) Involves si orders. The Commission will also be information that will assist the NRC i Privacy Act information. or information provided notice the first time that determining the appropriate which could be considered proprietary; discretion is exercised for a plant enforcement action, such as: (1) a in addition, conferences will not meeting the criteria of Section VII.B.2.
common understnding of fact. r no) Ile opente pul ic In addition, the Commission will be c
and mi optties (5)Thmnerenc invveedical consulted prior to taking action in the associated with the apparent violations.
following situations (unless the urgency (2) a c undending of and the confnce cannot be conducted of the situation dictates immediate corective action taken or planned, and without disclosing the exposed action):
individuals name; or (1) An action affecting a licensee's a
o f ues angtof th (6) The conference will be conducted operation that requires balancing the od for by telephone or the conference will be public health and safety or common asting comprehensive corrective action.
conducted at a relatively small defense end security implications of notit has ise's facility.
operating with the potential radiological sufficient information to make an twtandng meeting any of these opeatng it th ptenia raioogialinformed enforcement decision, a criteria, a conference may still be open or other hazards associated with conference will not normally be hld if the conference involves issues related continued operation:
(2)iue Popsatoioseacvl.eat unless the licensee requests it. However, to an ongoing adjudicatory proceeding (2) Proposals to impose avi Level an opportunity for a conference will with one or more intervenors or where greater than 3 times the Severity ievel normally be provided before issing an the evidentiary basis for the conference I values shown in Table 1A for a single orebadonavltinfthruen violation or problem:
is a matter of public record, such as an (3) Any proposed enforcement action Deliberate Miscnduct or a.civil Penalty adjudicatoy decision by the that involves a Severity Level I to an unlicensed person. If a conference Department of Labor. In addition.
violation:
is not held, the licensee will normally n
the above normal (4) Any action the EDO believes be requested to provide a written citeria for opening or dosi warrants Commission involvement:
response to an inspection report, if Cferences. with the approval of the (5) Any proposed enforcement case Executive Direcor for Opeations.
involving an Office of Investigations tur -requimni" used in this poic conferences may either be open or usswu a 6~saly biading raqurswm such as a (01) report where the NRC staff (other smumplallo... yc.
m t
closed to the public after belancng the than the 01 staff) does not arrive at the specification ar.
befit of the public observation against
IL 65092 Federal Register / Vol. 61, No. 238 / Tuesday. December 10. 1996 / Notices the potential impact on the agency's When needed to protect the public Street. NW., Washington. DC 20268-decision-making process in a particular health and safety or common defense 0001. Telephone (202) 789-6840.
ca*e and security, escalated enforcement tP. O aw The NRC will notify the licensee that action. such as the issuancm of an the conference will be open to public immediately effective order, will be observation. Consistent with the taken before the confermc. In these (FR Doc. 9-1406 Filed 12-6-96; 10:50 agency's policy on open meeting;. "Staff cases. a conference may be held after the se'"" Wm Meetings Open to Public." published escalated enforcement action is taken.
September 20.1994 (59 FR 48340), the NRC intends to announce open R Exercise of Discretion POSTAL conferences normally at least 1o Snhne Act Board of working days in advance of conferences A Escalation o Enforcement Sanctions OlltM through (1) notices posted in the Public f
Document Room. (2) a toll-free 0
Natie of Vete to Meeting telephone recording at 800-952-0674.
- 1.
At Its December 2. 199E (3)a toil-free electronic bulletin board at (e) Situations when the violation the Board of of the United 600-952-9676, and on the World Wide results In a substantial Increase in risk.
States Postal Se i voted unaniou Web at the NRC Office of Enforcement including cases in which the duration of to close to bi tion its homepage (www.nrc.gov/OE). In the violation has contuted to the o
mting for anuay 6. i9 addition. the NRC normally will also substantial increase; in Waington.
The members wi Issue a press release and notify be briefngton, The membersawi appropriate State liaison officers that a d on: 1) m Publicati predecisional enforcement conference B. Atigation of Enforcement Sanctions Prices: (2) a p filing with the a been scheduled and that it is open Postal Rate on for Parcels: a to public observation.
(3) will consider ding appioval for Th public beationg
- 1. Licensee-Identified Severity Level International Centers.
The public attending open IV Violations. The NRC. with the The meeting Is ad to be conferences may observe but not aproval of the Regional Administrator attended by the fo persons:
participate in the conference. It is noted or a or her designee. may refrain from Governors Daniels. del Junc that the purpose of conducting open isming a Notice of Violation for a
- Dyhrkopp, Mackie, conferences is not to maprize public Severity Level IV violation that is McWherter. Rider d Winters:
attendance, but rather to provide the documented in an inspection report (or Postmaster Runyon. Deputy public with opportunities to be official field notes for some material Postmaster Coughlin. Secretai informed of NRC activities consistent cases) and described therein as a Non-to the Board
, and General with the NRCs ability to exercise its Cited Violation (NCV) provided that the Counsel Elcano.
regulatory and safety responsibilities, nspection report includes a brief As to the first second item, the Therefore, members of the public will description of the conective action and Board determined t pursuant to be allowed access to the NRC regional that the violation meets all of the section 552b(c)(3) f title 5. United offices to attend open enforcement following criteria:
States Code, and on 7.3(c) of title conferences in accordance with the "Standard Operating Procedures for a) It was identified by the licensee;
- 39. Code ofF Regulations, this Providing Security Support for NRC portion of t g is exempt from Hearings and Meetings," published Dated at Rockville. MD. this 4th day of the open meeting eant of the November 1. 1991 (56 FR 56251). These December. 1996.
Government in th Sunsine Act 15 procedures provide that visitors may be For the Nuclear Regulatory Commission.
US.C. 552b(b)]
use it is likely to subject to personnel screening, that John C. Hoyle, disclose idormti in connection wit signs. banners, posters. etc.. not larger Scretory ofthe Commission.
proceedings und pter 36 of title than 18" be permitted, and that IFR Doc. 96-31319 Filed 1296:.8:45 ami it States e (havingto do disruptive persons may be removed.
&ANs coos ush classification and il The open conference will be terminated csicatich ges in postal if disruption interferes with a successful ervices), Wo is bcally conference. NRC's Predecisional exampted from sure by section Enforcement Conferences (whether open POSTAL RATE MISSION 410(c) of title 39 e
States Code.
or closed) normally will be held at the Hs Boar has armined further th; NRC's regional ofces or in NRC Sns Act pursuant to secti 552b(c)(10) of title:
H eartr offices ando in the InUnited States and section 7.3(j) o Headquarters Offices and not in the NAM Oc il.CY:
P Rate title 39, Code ofF I Regulations, tb vicinity of the licensee's facility.
Commission.
discussion is exe because it is likelh Members of the public attending opentoseicalpriiainof conferences will be reminded that (1)
TM AND DATE: 2:
p.m. on December to specifically cn participation of the apparent violations discussed at
,1996.
the Postal Service a civil action or procedig ivol a determination predecisional enforcement conferences PLACE: Conference 1333 H Street, proce recrdaf t pportunity for a are subject to further review and may be NW., Suite 300, W gton, DC 20268.
hearing.
subject to change prior to any resulting gTATto
- Closedn, As to the third t the Board enforcement action and (2) the determined that t to section statements of views or expressions of MATTER TO BE lsues in 552b(c) (3) and (1 of title 5. United opinion made by NRC employees at Docket No. C96-1.
States Code; and n 410(c) (2) and predecisional enforcement conferences, CONrACT PEOW MO0 (3) of title 39.
States Code: and or the lack thereof, are not Intended td Margaret P.
- w. Secretary, Postal se n7.3 (c and) of tite 39, Code of represent final determinations or beliefs. Rate Commission. ute 3001333 H Federal Rgulato f
the meetng is