ML17289B090
| ML17289B090 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 12/24/1992 |
| From: | Scarano R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Oxsen A WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| References | |
| EA-92-254, NUDOCS 9301050034 | |
| Download: ML17289B090 (5) | |
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Docket No. 50-397 License NPF-21 EA No.92-254 UNITED STATES NUCLEAR REGULATORYCOMMISSION REGION V 1450 MARIALANE WALNUTCREEK, CALIFORNIA94596-5368 DEc 24 1992 Washington Public Power Supply System (WPPSS)
P. 0.
Box 968 3000 George Washington Way
- Richland, Washington 99352 Attention:
Hr. A. L. Oxsen, Acting Hanaging Director
SUBJECT:
OPEN NRC ENFORCEHENT CONFERENCE (EA 92-254)
This letter confirms my telephone conversation with Hr. J.
Baker of your staff on December 22, 1992, concerning the scheduling of an open enforcement conference to be held in the Region V office between NRC management and WPPSS management.
We plan to begin the conference at 9:00 am, on Tuesday, January 12, 1993.
The following matters will be discussed:
1.
Results of the last inspection (Inspection Report 50-397/92-41) 2.
Your technical explanation of why radwaste shipment 92-61-02, Liner No. 338 was properly classified.
3.
NRC enforcement options 4.
NRC concerns'.
Licensee management responsibilities
'We anticipate that the meeting will take at least three hours.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
Should you have any question regarding this letter, we will be pleased to discuss them with you.
Sincerely, Ross A. Scarano, Director Division of Radiological Safety 5
Safeguards
Enclosure:
Federal Register notice that outlines Conducting Open Enforcement Conferences 9301050034 921224 PDR ADOCK 05000397 Q
cc:
w/enclosures:
V. Parrish, WPPSS J.
- Doupe, Esq.
D. Kobus, WPPSS J. Gearhart, WPPSS A. Hosier, WPPSS State of Washington
cc:
w/enclosures:
A. Oxsen, WPPSS V. Parrish, WPPSS J.
D. Kobus, MPPSS J. Gearhart, MPPSS A. Hosier, WPPSS State of Washington bcc w/enclosure:
Docket File Resident Inspector Project Inspector G. Cook, RV R. Huey, RV B. Faulkenberry, RV J. Martin, RV.
bcc w/o enclosure:
H. Smith J. Zollicoffer RV/gmd UEST COPY Y
/NO y LCarson
~g 12/V/92 VEST COPY REQU PY D TO PDR
/NO YE E /NO eese RScarano 2
5/92 12/2.+92
Federal Register / Vo). 57, No. 133 / Friday, July 10, 1992 / Notices
~
~
Two-Year Trial Program for
, Concfucttng Open Enforcement I Conferences; Policy Statement I
AOENCY:Nuclear Regulatory Commission.
AOTlolcPolicy statement.
auMMARY:The Nuclear Regulatory Commission (NRC) is issuing this policy statement on the implementation ofa two-year trial program to allow selected enforcement conferences to be open to attendance by all members of the general public. This policy statement describes the two*year trial program and informs the public ofhow to get information on upcoming open enforcement conferences.
DATES: This trial program is effective on July 10, 1992, while comments on the program are being received. Submit comments on or before the completion of the trial program scheduled for July
- 11. 1992. Comments received after thi~
date willbe considered ifit is practical:
to do so. but the Commission is able to assure consideration only for comments received on or before this date.
AooREwnEa: Send comments to: The
'ecretary of the Commission. U.S,
- Nuclear Regulatory Commission, Washington, DC 20555. ATTN
I Docketing and Service Branch.
Hand deliver comments to: One White,.
- Flint North, 11555 Rockville Pike,
- Rockvil)e. MD between 7:45 a.m. to 495 I p.m., Federal workdays.
Copies ofcomments may be examined
.I at the NRC Public Document Room. 2120 I LStreet, NW. (Lower Level),
Washington, DC FOR RlRTHER NFORMATloHCONTACT:
James Lieberman. Director, Office ol
'nforcement, U.S. Nuclear Regulatory
'ommission, Washington, DC 20555
~ (301-504-2741).
I SLlFFLEMENTARYNFORMATlOIL
Background
The NRC's current policy on
., enforcement conferences is addressed In:
'.Section V of the latest revision to the
'"Ceneral Statement ofPolicy and
~ Procedure for Enforcement Actions,"
I (Enforcement Policy) 10 CFR part 2,
-; appendix C that was published on
, February 18. 1992 (57 FR 5/91). The Enforcement Policy states that,
'enforcement conferences willnot
- normally be open to the public."
, However, the Commission has decided
- to implement a trial program to
'etermine whether to mahtain the
.: current policy with regard to enforcement conferences or to adopt a new policy that would allow most enforcement conferences to be open to attendance by all members of the public.
Policy Statement Posilion The NRC is implementing a two-year trial program to allow public observation ofselected enforcement
~ conferences. The NRC willmonitor the program and determine whether to establish a permanent policy for
'onducting open enforcement conferences based on an assessment of the followingcriteria:
(1) Whether the fact that the conference was open Impacted the NRC's ability to conduct a meaningful conference and/or implement the NRC's enforcement program; (2) Whether the open conference impacted the licensee's participation in the conference; (3) Whether the NRC expended a significant amount of resources in making the conference public; and (4) The extent ofpublic interest in opening the enforcement conference.
Federal Regfater / Yol, 67, No. 133 / Friday, July 10, 1982 / Notices L Crlteria For Selecting Opaa Eatorcemeat Conferences Enforcement conferences willnot be open to the public ifthe enforcement ection being comtemplated-(1) Would be taken against an individuaL or ifthe action, though not taken against an individual, turns on whether an individual has committed wrongdoing (2) Involves signiAcant personnel failures @there the NRC has requested that the hdividual(s) involved be present at the conference; (3) Is based on the findings ofan NRC Office of Investigations (OI) report: or (4) Involves safeguards information, Privacy Act information. or other information which could be considered proprietary.
Enforcement conferences involving medical misadmfnistrations or overexposures willbe open assuming the conference can be conducted without disclosing the exposed individual's name. In addition, enforcement conferences willnot be open to the public ifthe conference will be conducted by telephone or the conference willbe conducted at a relatively small licensee's facility.
Finally, with the approval of the Execu tive Director for Operations, enforcement conferences wfifnot be open to the public in special cases where good cause has been shown after balancing the benefit ofpublic observation against the potential impact
~ on the agency's enforcement action in e particular case.
The NRC willstrive to conduct open enforcement conferences during the two-year trial program h accordance with the followingthree goals:
(1) Approximately 25 percent ofall eligible enforcement conferences
'onducted by the NRC willbe open for
~ public observation; (2) At least one open enforcement
, conference willbe conducted in each of the regional offices; and (3) Open enforcement conferences wiU be conducted with a variety ofthe types of licensees.
To avoid potential bias in the selection process and to attempt to meet the three goals stated above, every fourth eligible enforcement conference involving one of three categories of licensees willnormally be open to the public during the trial program.
However, fn cases where there Is an ongoing adjudica tory proceeding with one or more intervenors. enforcement
'onferences involving issues related to the subject matter of the ongoing adjudication may also be opened. For the purposes of this trial program, the three categories of Ifcensees willbe commercfel operating reactors, hospitals, and other licensees, which wfffconsist of the remaining types of licensees.
Ii.Aaaouacfag Open Eaforcemeat Conferences
- As soon as it fs determined that an enforcement conference w'illbe open to public observation, the NRC willorally notify the licensee that the enforcement conference willbe open to public observation as part of the agency's trial program and send the licensee a copy of this Federal Register notice that outlines the program. Licensees willbe asked to estimate the number ofparticipants it willbring to the enforcement conference so that the NRC can schedule an appropriately sized conference room.
The NRC willalso notify appropriate State liaison officers that an enforcement conference has been scheduled and that itis open to public observation.
The NRC intends to announce open enforcement conferences to the public normally at least 10 working days in advance of the enforcement conference through the fallowing mechanisms:
(1) Notices posted fn the Public Document Room; (2) Toll-free telephone messages; and, (3) Toll-free electionf c bulletfn board messages.
Pending establishment of the toll-free message systems, the public may call (301) 492-4732 to obtain a recording of upcoming open enforcement conferences. The NRC willissue another Federal Regfs ter notice aAer the toll-free message systems are established.
To assist the NRC in making appropriate arrangements to support public observatfon ofenforcement conferences, individuals interested in attending a partfcular enforcement conference should notify the individual identified ln the meeting notice announcing the open enforcement conference no later then five business days prior to the enforcement conference.
HLConduct of Open Enforcement Canferences In accordance with current practice, enforcement conferences willcontinue, to normally be held at the NRC regional offices. Members of the public willbe allowed access to the NRC regional offices to attend open enforcement conferences in accordance with the "Standard Operating Procedures For Providing Security Support For NRC Hearings And Meetings" published November1,1991 (58FR58251). These i
procedures provide that visitors may be~
subject to personnel screening. that signs. banners, posters, etcnot larger than 18" be permitted, and that disruptive persona may be removed.
Each regional office willcontinue to conduct the enforcement conference proceedings fn accordance with regional practice. The enforcement conference willcontinue to be a meeting bet'ween the NRC and the licensee. While the
- enforcement conference fs open for public observation, it Is aot open for public particfpatfoa.
Persona attending open enforcement conferences are reminded that (1) the apparent violations discussed at open enforcement conferences are subject to further review and may be stibject to change prior to aay resulting enforcement action and (2) the statements of views or expressions of opinion made by NRG employees at open enforcement conferences or the; lack thereof, are not intended to represent Anal determinations or beliefs.
In addition to providing comments an the agency's trial program fn accordance with the guidance in this notice, parsons attending open enforcement conferences willbe provided an opportunity to submit written comments anonymously to the regional office. These comments willsubsequently be forwarded to the Director af the OIAce of Enforcement for review and consideration.
Dated at RockvfBe, MD, this ttb day ofJuly 1992.
For the Nucfear Retpifatocy Commhsfon.
Samuel J. Chllk, Sectary ofrhe Commiseian.
(FR Doc. 92 1BZ33 Filed r-4'; 8:45 a~)
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