ML17138B011

Advises of Recently Amended NRC Regulations Implementing Existing Authority to Require Onsite Ofc Space & Immediate Facility Access.Requests Addl Ofc Space.Fr Notice Encl

ML17138B011
Person / Time
Site:	Susquehanna
Issue date:	11/28/1979
From:	Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:	Curtis N PENNSYLVANIA POWER & LIGHT CO.
References
NUDOCS 7912280318
Download: ML17138B011 (6)

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Docket Nos. 50-387 50-388 UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 63I PARK AVENUE KING OF PRUSSIA, PENNSYLVANIA19406 NOY 28 l'919 Pennsylvania Power and Light Company ATTN:

Hr.'orman W. Curtis Vice President Engineering and Construction (N-4) 2 North Ninth Street Allentown, Pennsylvania 18101 Gentlemen:

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

The amended regulations implement existing NRC authority to require that licensees provide (1) onsjte; rent-free, exclusive use office space and (2) immediate facility access to Commission inspection personnel..

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

You have been providing office space at your Susquehanna facility and I want to thank you for your cooperation.

The Commission recently approved an expansion of the Resident Inspector Program which will increase the number of resident inspectors at this facility to three.

This is in addition to the NRC part-time secretary already assigned.

The second of the resident inspectors assumed his new duty station on November 8, 1979.

Current plans are to have the third resident inspector onsite >>ithin the next 12 months.

Therefore, in accord-ance with the regulations, the NRC expects you to provide appropriately located and adequately sized office space for this increased staff.

This matter has recently been discussed with you by Robert T. Carlson of the Region I staff.

Please inform the NRC Region I Director, Boyce H. Grier, within 30 days of your plans to accommodate this NRC staff at your facility.

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Pennsylvania Power and Light Company Should you have any questions or concerns about this rule, please contact the Regional Director.

Sincerely,

Enclosure:

Federal Register Notice of August 16, 1979 on "Facilities and Access for Resident Inspectors" ictor lo, Jr.

Director Office of Inspection and Enforcement cc w/encl:

A.

R. Sabol,

Manager, Nuclear guality Assurance W.

E. Barberich, Licensing Engineer R.

W. Dunn,'uperintendent of Plant

NUCLEAR REGULATORY COMMISSION

'0 CFR Parts 50 and 70 Licensing of Production and Utilizatlo Facllltler; Eacliities and Access for Resident Inspection ACENCY:US. Nuclear Regulatory Commission.

AcnON: Final rule.

sUMMARY:The Nuclear Regulatory Commission Is amending its regulations to require power reactor licensees and constru~on permit holders and selected fuel facilitylicensees to provide (1) on site, rent-free, exclusive use of office space and (2) immediate licensee facDity access to Commission inspec5on personneL The rule is needed in order to facilitate implementation of a revised inspection program which v as initiated in mid-1978. As a part of the revised" program, the Commission Is placing resident inspectors on site at selected nuclear power reactor const~ction sites, at selected power rea'ctor sites in test and routine operations and at '.

selected'fuel facilities to observe and review licensee construction, op rations, radiological safety, safeguaids and environmental protection activities.

EFFEGTlvE DATE September 17, 1979

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FOR FURTHER lNFORMATlONCONTACT.

Mr. Edward I Jordan. Assistant

,. Director forTechnical Progmms, Office ofInspection and Enforcement, US.

Nuclear Regulatory Commission.

Washington, D.C. 205%, Phone No. 301-492-8180. "... ': -~

sUPPLKMENTARYtNFORMATlotcOn May 9, 1978, the Nuclear Rebid'atory Commission published in the Federal Register (43 FR 19860) a proposed amendment to Its regulations, 10 CFR 50

. Licensing ofProdvclion ond Utilization

., Facilities and Part 70 Special Ãuclear Material, which would implement

'uthority of Section 181(o) of the Atorhic Energy Act of 1954, as amended, and of the Energy Reorganization Act of 1974,

. as amended. in order to facilitate the on site resident inspection portion of Its revised Inspedion program.

Interested persons were invited to

.submit written comments for-consideration in connection with the proposed amendment by June 23, 1978.

The comments which were received addressed three principal concerns:

licensees should not be forced to provide rent-free space: the proposed space requirement was excessive and arbitrary; and inspector access provisions should be the same as for a regular plant employee.

In mid-1978, the Commission initiated a revised inspection program which includes the use of on site resident n

inspectors. Pursuant to Section 161(o) of the Atomic Energy Act of 1954, as amended. the Commission intends to place NRC resident inspectors on 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 inspectors at all operating power reactors, at power reactors in later stages of construction and at selected fuel cycle facilities where nuclear reactor fuel is fabricated or processed.

The resident inspector willobserve and review licensee operations, cons~ction safety, safeguards and environmental protection activities to determine whether they are adequate, conducted properly and at the required freouency.

Other regionally or headquarters based NRC personnel willcontin'ue to provide technical support and managment review as required for Ihe inspection program.

In order to facilitate the performance of the resident inspection program it is necessary that oft>ce space be provided

to'seiccted Commission personnel. The regulation'es adopted requires that the licensee provide on site, rent-Eree,.

exclusive office space upon the request

'f the Director, Office of Inspection and Fnforcement. This requirement iC not unique in that other federal departments and agencies have continuous inspection programs that require those

'ubject to their regulations to furnish

'appropnate facilities to the inspectors.

Sufncient space is required in order to accommodate a fuH-time inspector, a part-time secretary and transient NRC personneL The suggested space is 250 square feet but the rule does not specify an exact aiea. The space provided is expected to be commensurate with space normally provided to licensee employees. For sites with more than one power reactor unit or fuel facilityit may

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be necessary to assign znore than ozie-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 insp'ectors

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+are afforded the opportunity to conduct unfettered reviews ofwork in progress it is necessary and the regulation requires, that properly identified inspectors be provided immediate access to the facility (the sama 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 wiH conform to aH facilitysafety and security requirements.

A briefing on site-specific radiological protection practices, security and emergency response actions is a ppropriate and sufficient for unescorted access to other than vital areas, radiation areas and areas,.

contazninated with radioacfive material, for those NRC personnel who infrequently visit a site. A's a result of the comments on the proposed rule the Comznission reexamined the legal basis for the requirement that licensees provide office space and determined that the requirement is neither an.

arbitrary use of the Commission's regulatory power nor an unreasonable burden on the licensee.

's a result of the concerns expressed in the comments over excessive space requireinents, the Commission has changed ihe proposed area requirement to guidance. with the condition that the space provided shaH be commensurate with other offi'ce facilities at the site.

Acceptability of the space is in the authonty of the Director, Office of Inspection and Enforcement.

~As a result of comments on lbs.

proposed rule,'he provision for access by. inspectors likelyto conduct

'nspections at a specific facilityhas been reworded to emphas~ that unfettered access for inspectors who are likely to inspect a specific facility',will be equivalent to that for a regular plant employee. Inspectors likely to inspect ar'e those who are expected to conduct several inspections at the specific facffity during a given year.

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Pursuant to the Atomic Energy Act of 1954, as amended. the Energy Reorganization Act of1974, as amended, and Sections 552 and 553 of Title 5 of the United States Code, the foHoeing amendments to Title 10, Chapter 1. Code

~ of Federal Regulations, Parts 50 and 70 are published as a document subject to codification....

1. In 5 5020 of 10 CFR Part 50, an "(a)"

. is added preceding the present paragraph and paragraph (b) is added as foH owing I

$ 50.?0 lnspec Jons.

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. (b)(1) Each licensee and each holder of a construction permit shaH upon request by the Director, OGice of Inspection and forcemeat,.provide

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rent-free office space for the exclusive use of the Commission inspection pmsonneL Hea't, air conditioning, light, electrical outlets and janitonal'services shall be furnished by each licensee and each holder of a construction permit.

The oEce shaH be convenient to and have fuH access to the facilityand shall provide the irispector both visual and

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acoustic privacy.. -.

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(2) For a site with a single power reactor or fuel facilitylicensed pursuant to Part 50, 'the space provided shall be adequate to accominodate a full-time inspector, a part-time s~tazy and

. transierit NRC personnel and willbe generally commensurate with other officefacilities at the site. A space of 250 square feet either within the site's once complex or in an office trailer or other on site space is suggested as a guide. For sites containing multiple power reactor units or fuel facilities.

additional space may be requested to acconunodate additional full-time inspectorfs). The office space that is

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provided shall be subject to the approval of the Director, OQice of Inspection and Enforcement. AH

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furniture, supplies and communication

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equipment willbe furnished by the Commission,

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,(3) The licensee or construction permit holder shall afford any NRC resident inspector assigned to that site, or other

ÃRC inspectors identiTied by the

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Regional Director as likely to inspect the facility, immediate unfettered access,

'quivalent to access provided regular

'lant employees. followingproper identification and compliance with applicable ac" ess control meaures for security, radiological protection and personal safety.

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2. In g 70.55 10 CFR Part 70, paragraph (c) is added

&5 foHowin

$ 70.50 inspections.

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(c)(1) In the case of fuel cycle facilities where nuclear reactor fuel is fabrics ted ~

or processed each. licensee shaH upon request'by the Director'. Office of Inspection and Enforcement. provide rent-free office 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 office shall be convenient to and have full.

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

(2) For a sile with a single fuel facility licensed pursuant to Part 70, ihe space provided shaH be adequate to -

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

pemennel and willbe generally '

commensurate with other office facilities at ihe site. A space of 250 square feet either within the site's ofIIce complex or in an office trailer or other

. on'site space is suggested as a guide. For sites containing multiple fuel facHities, additional space may be requested to accoznmodate additional fuH-time inspector(s). The office space that is provided shall be subject to the approval of'the Director. Office of Inspection and Enforcement. AH

" furniture, suppHes and communication equipment willbe funushed by the Commission.

(3) The licensee shall afford any NRC resident inspector assigned io that site,,

or other NRC inspectors identiTied by the Regional Director as likely to inspect the facility, immediate unfettered access, equivalent to access provided regular plant employees, following proper identiTication and compliance

, with applicable access control meaures for security, radiological protection and personal safety.

'Sec."

181, Pub. L 83-703, 68 Stat. 9'8 (42 US.C. 2'). Sec. 2m, Pub. L 93-438, 88 Stat.

1243 (42 U.S.C. 5841)).

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Daied at 'iVasbington, D.C. this 10th day of August. 1979.