ML17053B396

Notifies That Regulations Re Resident Insp Program Amended to Require Power Reactor Licensees to Provide NRC Insp Personnel w/onsite,rent-free,exclusive Use of Ofc Space & Immediate Access to Facility

ML17053B396
Person / Time
Site:	Nine Mile Point
Issue date:	12/07/1979
From:	Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Schneider R NIAGARA MOHAWK POWER CORP.
References
NUDOCS 8002150401
Download: ML17053B396 (4)

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Docket No. 50-220 UNITEDSTATES NUCLEAR REGULATORY COMMISSION REGION I 63I PARK AVENUE KING OF PRUSSIA, PENNSYLVANIAI9406 QEC 07 19~(~

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Niagara Nohawk Power Corporation ATTN:

ter., R.

R. Schneider Vice President Electric Operations 300 Erie Boulevard Hest

Syracuse, New York 13202 Gentlemen:

The NRC has recently amended its regulations as part of its implementation of the Resident Lnspection Program.

The amended regulations implement existing NRC authority to require that power reactor licensees provide (1) onsite, rent-free, exclusive use office space and (2) iIIIIediate facility access to COIIission inspection personnel.

I enclose a copy of the final rule that was effective September 17, 1979'.

The NRC plans to assign two resident inspectors plus an NRC part-time secretary to your facility.

The first resident inspector will assume his new duty station by September 30, 1980.

All resident inspectors will be onsite prior to October 1981.

Ln accordance with the regulations, the NRC expects you to provide approprtately located and adequately sized office space for this staff.

Please i'nform the NRC Region I Director, Boyce H. Grier, within 90 days of your plans to accommodate this NRC staff at your facility.

Should you have any questions or concerns about this rule, please contact the Regional Director.

Sincerely, ictor o, Jr.

Director Office of Inspection and Enforcement

Enclosure:

Federal Register Notice of.

August 16, 1979 on "Facilities and-Access for Resident Inspectors" cc w/encl:

T. LemPges, General SuPerintendent, Nuclear Generation T. Perkins, Station Superintendent

~ uaids d eavizo tal protection activities.

EFFECTivE DATE:September 17, 1979.

FOR FURTHER IHFORMATlOHCONTACT

, Mr. Edward I-Jordan. Assistaiit..

., Director forTe~4'cal Programs. Ofiice ofInspection and Enforcement, US.

Nuclear Regulatory Commission.

Washington, D.C. 205+. Phone No.

301-'92-81M svPPLEQEHTARY 1HFoRMATlotcOn May 9, 1978, the Nuclear Regulatory Commission published in the Federal Register (43 FR 19860) a proposed amendment to its regulations. 10 CFRI

. Licensing ofProduction and Utilization

, Facilities and Part 70 Special Nuclear Matenal, which would implement

'uthority ofSection 181(o) of the Atahuc Energy Actof1954, as amended. and of the Energy Reorganizatioa Act of1974.

as amended. ia order to facilitate the on site resident inspection partion af its revised inspection prograin.

Interested persons were invited to

.submit written comments for

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consideration in connection with the proposed ameadment by June 23, 19/L The comments which weri received addressed three principal concerns:

Qcensees shouldnot be forced to provide rent-free space; the proposed space requirement was excessive and arbitrary; and inspectar access provisions should be the same as for a regular plant employee.

In mid-1978, the Commission initiated a revised inspection program which hcludes the use of on sita resident hspectors. Puzsuaat to Section 161(o) of the AtomicEnergy Act of1954, as amended. the Commission intends to place NRC resident inspectors oa site at selected nuclear power reactor construction sites and at selected power reactor sites in test and in routine operation. Eventually the Commission expects to place full-timeresident hspectors at all operathg power reactars, at power reactors in 1ater stages ofconstruction and at selected fuel cycle facilities where nuclear reactor fuel is fabricated or processed.

The resident inspector wiQ obseive and review licensee operations, construction safety, safeguards and environmental protection activities to determine whether they are adequate, conducted properly and at the required frequency.

Other regionally ar headquarters based NRC personnel willcontinue to provide technical support and managment review as required for (he inspection program In order to facilitate the perfonnance of the resident inspection program it is accessary that ofiice space be provided

SUMMARY

The Nuclear Regulatory Commission is amendhg its regulatioas to'require power reactor licensees and construction permit holders and selected fuel facilitylicensees to pr'ovide t1) on site, rent-free, exclusive use of office space and (2) immediate licensee facility acciss ta Caaunission inspectian personneL The rule is'needed ia order ta facQitate implementation of a revised inspection program which was initiated in mid-197L As a part of the revised" program, the Commission is plachg resident inspectors on site at selected

~nuclear power reactor construction sites, at selected power rea'ctor sitei ia test and routine operations and at

'selected fuel facilities to observe and review licensee construction, operations, radiological safety, NUCLEAR REGULATORY COMMISS10N'0 CFR Parts 50 and 70. '...

Licenshg of Production and Utilization

~ Facilities; FacHIUes and Access far

'. Resident inspection AcEHcY:US. Nuclear Regulatory Commission.

ACTtOM:Final rule.

to selected Commission personneL The regulation as adopted requires that the licensee provide on site, rent-free,.

exclusive oEce space upon the request of the Director, Office ofInspection and Enforcement. This requirement is not unique in that other federal deparunents and agencies have continuous inspection programs that require those

'ubject to their regulations to furnish

'appropriate facilities to the inspectozi.

Sufiiuent space is required in order to accommodate a full-timeinspector, a.

part-Ume secretary and transient NRC pezsonneL The suggested space is 250 square feet but the rule does not specify an exact area. The space provided is expected to Be commensurate with space nozmaQy provided to licensee.

employees. For sites with mote than one power reactor unit or hei facilityit may-be necessary to assign more than orie "

resident inspector. Ifadditional resident.

inspectors are assigned to a site.

additional space willbe requested..

In order to assure that the resident inspector or regionally based inspectors

<are afforded the opportunity to conduct unfettered reviews ofwork in progress it is necessary and the regulation requires, that propezly identified inspectors be provided immediate access to the facility(the same as regular licensee employees). The inspectors afforded such access willbe provided by the licensee that site-specific radiological safety and security information necessary for their safety, security, and radiological protection and wiQ conform to all facilitysafety and security requirements.

Abriefing on site-syecific radiological protection pracUces, secuzity and

'mergency response actions is appropriate and suQicient for unescorted access to other than vital areas. radiation areas and areas contaminated withradioactive materiaL for those NRC personnel who infrequently visit a site. A's a result of the comments on the proposed rale the Commission reexamined the legal basis for the requirement that licensees

'rovide office space and determined that the requirement is neither an.

arbitrazy use of the Commission's regulatory power nor an unreasonable burden on the Hcensee.

's a result of the concerns expressed in the comments over excessive space requirements. the Commission has

'hanged the proposed area requirement to guidance, with the condition that the

- space provided shall be commensurate with other ofii'ce faciHUes at the site.

AcceptabiHty of the space is in the authority of the Director. Office of':

~ InspecUon and Enforcement.

As a result of comments on the.

proposed rule, the provision for access by.inspectors Hkely to conduct inspections at a speciTic facilityhas

, been reworded to emphasis that unfettered access for inspectors who aze Hkely to inspect a specific facfiity', wiQ be equivalent to that for a regular pla'zit

'mployee.

Inspectors Hkely to inspect.

aze those who are expected to conduct several inspections at the specific facilityduring a given year..

Pursuant to the AtomicEnergy Actof 1954. as amended. the Energy ReozganizaUon Act of1974, as amerided.

and SecUons 552 and 553 ofTitle 5 of the United States Code, the fallowing amendments to Title 10, Chapter 1. Code ofFederal Regulations, Parts 50 and 70 are published as a document subject to codification.

1.In 5 Stuaof Xo CFR Part 50, an "(a)"

. is added preceding the present paragraph and paragraph (b) is added as foQows:

$ 50 70 lnspecUdns

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. (b)(i) Each Hcensee and each holder of a construction permit shall upon request by the Director. OQica of Inspection and Enforcement.provide

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rent-free oEce space for the exclusive use of the Commission inspecUon pezsonneL Heat, air conditioning, light, electrical outleti and janitorial services shall be furnished by each licensee and each holder of a construction permit.

The oKce shall be convenient to and have fullaccess to the facilityand shall provide the inspector both visual and

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acoustic privacy.. -.

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(2) For a site with a single power.

reactor or fuel facilityHcensed pursuant to Part 50,'the spa'ce provided shall be adequate to accominodate a full-time inspector, a part-Ume sectary and

. transiezit NRC personnel and willbe generally commensurate with other oEce facilities at the site. A space of 250 square feet either within the site's oQice complex or in an oQice trailer or other on site space (s suggested as a guide. For sites containing mulUple power reactor units or hei faciHties.

additional space may be requested to accommodate addiUonal hH-Ume inspector(s). The oQice space that is provided shall be subject to the approval of the Director, OQice of Inspection and Enforcement. AQ furniture, supplies and communicaUon equipment wiQ be furnished by the.-

Commission.

.(3) The Hcensee or construction permit holder shall aQ'ord any NRC resident inspector assigned to that site, or other NRC inspectors identiTied by the onal Director as Hkely to inspect the faciHty, immediate unfettered access, equivalent to access provided regular

'lant employees, followingproper identification and compliance vrith applicable access control meaures for security, radiological protection and personal safety.

2. In il 7085 10 CFR Part 70, paragraph (c) is added as foQows:

$ 7050 tnspectlozis.

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~ i' (c)(1) In the case offuel cycle facilities where nuclear reactor hei is fabricated ~

or processed each.Hcensee shall upon request'by the Director, OEce of Inspection and Enforcement provide rent-See ofiice space for the exclusive use of Commission inspection personneL Heat air conditioning. light. electrical outlets and janitorial services shall be furnished by each licensee. The oQice shall be convenient to and have full.

access to the facilityand. shall provide the inspector both visual and acoustic privacy..

(2) For a site with a single hei facility licensed pursuant to Part 70. the space provided shalI be adequate to

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'ccommodate a fuQ-time inspector, a part-time 'secretary and transient NRC.

pezsennel and willbe generaQy commensurate with other oEce facilities at the site. Aspace of250 square feet either within the site's oEce complex or in an office trailer or other

. on'site space is suggested as a guide. For sites containing mulUple hei faciHUes, additional space may be requested to acconunodate additional hQ-Ume inspector(s). The ofiice space that is

~ provided shall be subject to the appr'oval ofthe Director, OEce of Inspection and Enforcement. AQ

- furniture, supplies and communicaUon equipment wiQ be hznished by the Couunission.

(3) The licensee shall afford any NRC resident inspector assigned to that site, or other NRC inspectors identified by the Regional Director as likelyto inspect the facility,immediate unfettered access, equivalent to access provided regular plan! employees, foQowing proper identification and compliance with applicable access control meaures for security, radiological protection and personal safety.

'See.

181, Pub. L 83-703, 68 Stat. 948 (42 US.C. 2201), Sec. 201, Pub. L93-438, 88 Stat.

1243 (42 US.C. 8841)).

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Dated at Waaiiingicn, D.C. Lua 10th day af huguat 197L