ML17249A574
| ML17249A574 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 12/07/1979 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | White L ROCHESTER GAS & ELECTRIC CORP. |
| References | |
| NUDOCS 8002150412 | |
| Download: ML17249A574 (3) | |
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Docket No. 50-244 UNITEDSTATES NUCLEAR REGULATORY COMMISSION REGION I 631 PARK AVENUE KING OF PRUSSIA, PENNSYLVANIA19406 QEc n j )97g Rochester Gas and Electric Corporation ATTN:.
Mr. Leon D. Whi,te, Jr.
Vice President Electric and Steam Production 89 East Avenue Rochester,.
New York 14649 Gentlemen:
The NRC has recently amended its regulations as part of its implementation of the Resident Inspection 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) immediate facility access to COIIHIission 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 June 30, 1980.
All resident inspectors will be onsite prior to October 1981.
In accordance with the regulations, the NRC expects you to provide appropriately located and adequately sized office space for this staff.
Please. inform the, NRC Region I'irector, Boyce H. Grier, within 90 days of your plans to accomnodate this NRC staff at your facility.
Should you have any questions or. Concerns about this rule, please contact the Regional Dtrector.'incerely,
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V'ctor lo, Jr.
irector
'ffice of Inspection and Enforcement
Enclosure:
Federal Register Notice of August 16; 1979 on RFacilities and Access for Resident InspectorsR cc w/encl:
B. Snow, Plant Superintendent R.
McCreedy, Licensing Engineer 80 Oigse + I E
Il'4gfeguards and environmental protection activities.
EFFECTiVE OATE:September 17. 1979.
FOR FURTHER iNFORMATiONCONTACT:
, Mr. Edward LJordan. Assistant Director forTechnical Programs, Office of Inspection and Enforcement, US.
Nuclear Regulatory Commission.
Washington, D.C. 205+. Phone No.
301-'92-8180.
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SUPPLEMENTARY INFORMATioinOn May
- 9. 1978. the Nuclear Regulatory Commission published in the Federal Register (43 FR 19860) a proposed amendment to its regulations, 10 CFR 50
, Licensing ofProduction and Ulilization
- Facilities and Part 70 Special Nuclear Material. which would implement authority ofSection 161(o) of the Atohdc Energy Actof 1954. as amended. and of the Energy Reorganization Act of 1974.
as amended, fn order to facilitate the on site resident inspection portion of fbi revised inspection prograin.
Interested persons were invited to submit written comments for
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consideration in connecUon 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 Conunfssion hiUated a revised fnspection program which includes the use ofon site resident inspectors. Pursuant to Section 161(o) of the AtomicEnergy 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. EventuaGy the Commission expects to place full-timeresident inspectors at afl operatfng 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 resfdent inspector wfffobserve and review licensee operations, construction safety, safeguards and environmenta1 protection activities to determine whether they are adequate, conducted properly and at the required frequency.
Other regionally or headquarters based NRC personnel willcontinue to provide technical support and managment
" review as required for Ihe inspection progralo In order to facilitate the performance of the resfdent inspection program it is accessary that office space be provided NUCLEAR REGULATORY COMMISSION
'0 CFR Parts 50 and 70.
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Ucenslng of Production and Utlllzatlon i Faclllties; FacillUes and Access for
'. Resident inspect!on I
AGENCY:US. Nuclear Regulatory Commission.
ACTioicHnal rule.
sUMMARY.The Nuclear Regulatory Commission fs amending its regulations to require power reactor lfcensees and construction permit holders and selected fuel facilitylicensees to provide (1) on site, rent-free,'exclusive use of office space and (2) fmmediate licensee facility access to Commission inspection personneL The rule is'needed in order to facilitate implementation of a revised inspection program which was initiated fn mid-1978. As a'part of the revised" program, the Commissfon is placing resident in'spectors on site at selected nuclear power reactor construction sites, at selected power rea'ctor sites in test and rouUne operations and at
.'elected fuel facflfUei to observe and review licensee construcUon, operaUons, radiological safety, Q/Qso
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. Federal RegLster / VoL 44. No. 1BO / Thursday, Aujust 1B, 1979 /.Rules and Regulations '4I919 to selected Cominission persanneL The regulaUon as adopted requfrei that the licensee provide on site, rent-free,.
exclusive office space upon the request of the Director. Office of Inspection and Enforcement. This requirement B not unique ia that other federal departments and agencies have continuous inspection programs that require those
'ubject to their regulaUons to furnish
'apprapnate faciHUes to the inspectors.
SufGcfent space is required in order to accommodate a full-time inspector. a part-time secretary and transient NRC personneL The suggested space is 250 square feet but the rule does not spedfy an exact area. The space provided is expected ta b'e commensurate with space normally provided to Hcensee employees. For sites with more than one power reactor unit or fuel 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 fs necessary and the regulation requires, that properly idenNied inspectors be provided inunediate access to the faciHty (the same as regular licensee employees). The inspectors afforded such access willbe provided by the licensee that site-specific radiological '.
safety and security information ":
necessazy far their safety, security, and radiological protection and wiH conform to aH facilitysafety and secuzit'y requirements.
AbrieGng on site-spedGc radiological protection practices, security and
'mergency response actions is apprapriate and suQident for unescorted access to other than vital areas, radiation areas and areas contaminated with radioactive materiaL for those NRC personnel who infrequently visit a site. A's a result of the comments on the proposed rule the Commission reexamined the legal basis for the requirement that Hcensees
'rovide office space and determined that the requirement is aeither aa.-
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 requirements, the Commission has changed the proposed area requirement to guidance, with the condition that the space provided shaH be commensurate with other office faciHties at the site.
'cceptability of the space fs in the authority of the Director. Office af Inspection and Enforcement.
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As a result of comments on the.
proposed rule, the provision for access',
by. inspectors likelyto conduct inspections at a spedfic facilityhas been reworded to emphasize that unfettered access for inspectors who are Hkely to inspect a specific faciHty, wiH be equivalent to that for a regular plant
'mployee.
Inspectors likely to inspect.
ar'e those who are expected to conduct several inspections at the specific faciHty during a given year.
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Pursuant to the Atomic Energy Act of 1954. as amended, the Energy ReorganizaUon Act of1974, as amended, and Sections 552 and 553 ofTitle 5 of the United States Code, the following amendments to Title 10, Chapter 1, Code
~ ofFederal Regulations, Parts 50 and 70 are published as a document subject to
&diGcaUon.'.
In 0 5MO of 10 CFR Part 50, an "(a)"
. is added preceding the present paragraph and paragraph (b) is added as foHows:
g 50.70 tnspectlons.
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. (b)(1) Each Hcensee and each holder of a construction permit shall upon request by the Director, OQice of Inspection and Enforcement..provide
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rent-free office space for the exdusive use of the Commission inspection personneL Heit, air conditioning, light, electrical outlets and janitorial services shall be furnished by each liceasee pnd each holder of a construction permit.
The office shall be convenient to and have fullaccess to the fadHty and shall
'rovide the irispector bath visual and acoustic privacy.. ".
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(2) For a site with a single power reactor or fuel fadHty licensed pursuant
'o Part 50.'the space provided shall be adequate to accommodate a full-time inspector, a part-time secretary and
. transierit NRC personnel and willbe generally commens'urate with other office fadHties at the site. A space of 250 square feet either within the site'8 oQice 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.
addiUonal space may be requested to accommodate additional full-time inspector(s). The office space that is
'rovided shall be subject to the approval af the Director, OQice of InspecUon and Enforcement. AH.
furniture, supplies and communicaUoa equipment willbe furnished by the Commission.
.(3) The Hcensee or construction permit holder shall afford any NRC resident inspector assigned to that site. or other NRC inspectors identified by the l
Regional Director as likelyto inspect the faciHty, immediate unfettered access,
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equivalent to access provided regular
'lant employees, faHowing proper identificaUon and compliance with applicable access control meaures for security, radiological protection and personal safety.
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- 2. In 5 7055 10 CFR Part 70. paragraph (c) is added as follows:
5 70.50 tnspectlons.
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(c)(1) Ia the case offuel cyde facilities where nudear reactor fuel is fabzicated ~
or processed each. licensee shall upon request'by the Director, Office of InspecUon and Enforcement. provide rent-free oGice space for the exdusive use of Commis'sion inspection personneL.
Heat, air conditioning, light. electrical outlets and janitorial services shall be furnished by each licensee. The oGice 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 fuel facility licensed pursuant to Part 70, the space provided shaH be adequate to
'ccommodate a full-time inspector, a part-time 'secretary and transient NRC persennel and wiHbe generaHy
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commensurate with other office faciHties at the site. Aspace of250 square feet either within the site's office complex or in an oHice traHer or other
. on site space is suggested as a guide. For sites containing mulUple fuel fadlities, additional space may be requested to accommodate addiUonal fuH-Ume inspector(s), The oHice space that is
~ provided shall be subject to the
-appr'oval of'the Director. Office of Inspection and Enforcement. AH
" funuture, supplies and communication equipment wiHbe furnished by the Commission, (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 plant employees, foHowing proper identificaUon and compliance with applicable access control meaures forsecurity, radiological protection and personal safety.
'Sec. 181, Pub. L83-703, 68 Stet. 848 (42 US.C. 2201), Sec. 201. Pub. L83-438, 88 Stet.
1243 (42 US.C. 5841 j).
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Deted at Washington, D.C. tMs 10th dey of August. 18787