ML18073A256

Management Directive 9.27, O/F, Office of Nuclear Reactor Regulation.

ML18073A256
Person / Time
Issue date:	01/24/2017
From:	Office of Nuclear Reactor Regulation
To:
References
DT-17-186 MD 9.27
Download: ML18073A256 (9)

Text

U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)

MD 9.27 ORGANIZATION AND FUNCTIONS, DT-17-186 OFFICE OF NUCLEAR REACTOR REGULATION Volume 9: NRC Organization and Functions Approved By: Victor M. McCree Executive Director for Operations Date Approved: January 24, 2017 Cert. Date: N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog.

Issuing Office: Office of Nuclear Reactor Regulation Contact Name: Trent Wertz EXECUTIVE

SUMMARY

Management Directive 9.27, Organization and Functions, Office of Nuclear Reactor Regulation, is revised to reflect the current organizational structure, roles, and responsibilities of the Office of Nuclear Reactor Regulation.

TABLE OF CONTENTS I. SUPERVISION ...................................................................................................................2 II. FUNCTIONS ......................................................................................................................2 A. Rulemaking ..................................................................................................................2 B. Licensing ......................................................................................................................2 C. Oversight ......................................................................................................................3 D. Incident Response ........................................................................................................3 E. Operating Reactors Business Line (ORBL) Lead ..........................................................4 III. DELEGATION OF AUTHORITY TO THE OFFICE DIRECTOR .........................................4 IV. DELEGATION OF AUTHORITY TO THE OFFICE DEPUTY DIRECTORS .......................7 V. DELEGATION OF AUTHORITY BY THE DIRECTOR .......................................................7 VI. ORGANIZATIONAL STRUCTURE AND INTERNAL ASSIGNMENTS ..............................8 For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION VII. REFERENCES ...................................................................................................................8 I. SUPERVISION The Office of Nuclear Reactor Regulation (NRR) is under the supervision of a director who reports to the Deputy Executive Director for Reactor and Preparedness Programs (DEDR).

II. FUNCTIONS NRR is responsible for accomplishing key components of the U.S. Nuclear Regulatory Commissions nuclear reactor safety mission. NRR conducts a range of regulatory activities in four primary program areas to protect the public health, safety, and the environment. All NRR staff directly or indirectly support the major programs of rulemaking, licensing, oversight, and incident response for two significant classes of licensees: those using commercial power reactors and those using test and research reactors. NRR works together with the regions and other offices to accomplish its mission and contribute to the agency mission. NRR is also the lead office for the Operating Reactors Business Line (ORBL).

A. Rulemaking

1. NRR plays a pivotal role in agency rulemaking, including (a) Developing deterministic and risk-informed regulations that enhance regulatory effectiveness and efficiency, (b) Developing regulatory guidance for licensees, (c) Evaluating petitions for rulemaking from members of the public, and (d) Identifying regulatory policy issues for the Commission.

2. NRR develops regulatory actions in an open and transparent manner that provides meaningful public participation in the regulatory process.

B. Licensing NRR issues licenses for the use of radioactive material for commercial, educational, and research purposes. The licensing program includes

1. Processing licensing actions for individual plants,

2. Licensing reactor operators,

3. Reviewing licensee responses to identified safety issues, For the latest version of any NRC directive or handbook, see the online MD Catalog. 2

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION

4. Evaluating the safety implications of generic approaches to safety issues by reactor vendor groups,

5. Decommissioning plants transitioning to permanent shutdown, and

6. Approving deterministic and risk-informed revisions to plant technical specifications for both the commercial power reactor and test and research reactor communities.

C. Oversight The oversight program provides ongoing monitoring of reactor safety performance to ensure the compliance with and the adequacy of NRC regulations and licenses.

1. Oversight activities include (a) Reactor Oversight Process, (b) Significance Determination Process, and (c) Assessment activities.

2. NRR interfaces with the regional offices on topics such as (a) Technical/licensing bases concerns, (b) Revisions to program documents or potential changes to program policies or direction, and (c) Potential generic technical issues.

3. Insight gained through the oversight program is also applied to verify or refine the effectiveness of all of NRRs programs to provide for continuous improvement.

D. Incident Response

1. NRR staff supports the Office of Nuclear Security and Incident Response (NSIR) and the regions by participating in the agencys response to reactor events, degraded plant conditions, and significant performance issues that could adversely affect the public health, safety, and the environment.

2. NRR supplies administrative, project management, and technical personnel to the agencys incident response facilities and sites. The support personnel have expertise in areas such as operational safety, design and licensing bases, and protective measure recommendations.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 3

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION E. Operating Reactors Business Line (ORBL) Lead NRR is the lead office for the ORBL and is responsible for leading the ORBL in terms of budgeting, reporting, and communications for matters regarding the business line. The responsibilities of the ORBL lead and the partner offices are described in the Memorandum of Understanding between the Operating Reactors Business Line Lead and Partner Offices (ML14251A052).

III. DELEGATION OF AUTHORITY TO THE OFFICE DIRECTOR The director is authorized and directed to A. Take such action as is necessary to carry out the functions described in this management directive (MD) or other official directives or communications, subject to the limitations prescribed therein. Delegation of authority for specific actions and applicable limitations are contained in NRRs Delegation of Signature Authority, available at http://fusion.nrc.gov/nrr/team/Lists/OI%20Listing/AllItems.aspx, and in the Memorandum to Those on the Attached List from R. W. Borchardt, Executive Director for Operations, Delegation of Authority to Issue Orders in Response to Imminent Security Threats, dated November 20, 2009 (ML092670411).

B. Except when, after a hearing under 10 CFR Part 2, Agency Rules of Practice and Procedure, the decision rests with an Administrative Law Judge, an Atomic Safety and Licensing Board, or the Commission, take action to

1. Issue, renew, and amend licenses for the manufacture, construction, possession, use, acquisition, and operation of utilization and production facilities other than fuel reprocessing plants and isotopic enrichment plants. This authority may include the licensing of by-product, source, and special nuclear material that is used or produced in, and used in the operation of or stored at, utilization and production facilities other than fuel reprocessing and isotopic enrichment plants. NRR renews and amends the licenses in accordance with (a) The Atomic Energy Act of 1954, as amended; (b) Sections 202(1), 202(2), and 203 of the Energy Reorganization Act of 1974; and (c) 10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities.

2. Issue, renew, and amend licenses for operators of utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants.

3. Issue and amend limited work authorizations pursuant to 10 CFR 50.10(e).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 4

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION C. Issue amendments changing the technical specifications for utilization and production facilities other than fuel reprocessing plants and isotopic enrichment plants; authorizing changes in the facility or facility procedures; or authorizing the conduct of tests and experiments under 10 CFR Part 50.

D. Consistent with NRC regulations, grant exemptions from NRC regulations or impose special conditions on licensees of utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants.

E. Under 10 CFR Part 2, issue notices of denial or notices of proposed denial for

1. Applications for licenses for utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants;

2. Applications for operator licenses for utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants;

3. Applications for amendment to licenses or renewed licenses for utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants; and

4. Applications for amendment or renewal of licenses for operator licenses for utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants.

F. After a hearing under 10 CFR Part 2, take the necessary or appropriate action in accordance with the decisions of

1. An Administrative Law Judge,

2. An Atomic Safety and Licensing Board, or

3. The Commission.

G. In accordance with the provisions of 10 CFR Sections 2.202, 2.204, and 2.206, issue orders to impose requirements, modify licenses, suspend licenses, and revoke licenses.

This authority does not apply when the decision rests with an Administrative Law Judge, an Atomic Safety and Licensing Board, or the Commission after a hearing pursuant to the Atomic Energy Act of 1954, as amended, and 10 CFR Part 2, other than an action related to any alleged violations of the Atomic Energy Act of 1954, as amended; the regulations in 10 CFR Part 1, Statement of Organization and General Information; and any orders or conditions of licenses. The orders may concern For the latest version of any NRC directive or handbook, see the online MD Catalog. 5

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION

1. The manufacture, construction, and operation of utilization and production facilities, except for fuel reprocessing plants and isotopic enrichment plants and materials used or produced in such facilities;

2. Operators of the facilities listed in Section III.G.1; and

3. The use of source, byproduct, and special nuclear materials.

H. Execute indemnification agreements with licensees under Section 170c and k of the Atomic Energy Act of 1954, as amended.

I. Under 10 CFR Part 51, prepare and circulate draft and final environmental impact statements and environmental assessments on licensing actions within delegated authority.

J. In conjunction with the regional offices, determine the NRCs response to reactor incidents and events that do not result in activation of the NRC Operations Center.

K. Evaluate, as requested, the nuclear safety aspects of proposals to build or significantly modify any reactor, reactor-related facility, or other system that is owned by the Department of Energy and, therefore, is exempt from licensing.

L. Evaluate, as requested, the nuclear safety aspects of the design of Department of Defense (DOD) power, testing, and research reactors that are exempt from licensing.

M. As requested, review and evaluate the health and safety aspects of the location and operation of DOD reactor facilities.

1. Review general nuclear safety standards and instructions.

2. Review reports submitted by DOD in connection with this program, including operating reports, inspection reports, safety evaluation reports, and reports of potential health and safety problems and other significant events or conditions involving health and safety considerations.

N. Serve as the principal point-of-contact for the NRC with the Advisory Committee on Reactor Safeguards (ACRS) for matters under review by NRR.

O. Develop policy options for Commission consideration on matters within delegated authority.

P. Perform, on behalf of the NRC, all functions of the Federal Agency Official, as that term is defined in 36 CFR Part 800, Protection of Historic Properties, and execute, on behalf of the NRC, such memoranda of agreement as are prescribed by those procedures for For the latest version of any NRC directive or handbook, see the online MD Catalog. 6

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION utilization and production facilities other than fuel reprocessing plants and isotopic enrichment plants. (For new reactors licensed under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants, these functions are performed by the Director of the Office of New Reactors.)

Q. Issue appropriate Federal Register notices in connection with the actions described in this MD including notices that offer an opportunity for public hearing in connection with the action proposed to be taken, whether or not required by statute or the Commissions regulations.

R. Enter into, extend, modify, and terminate orders and agreements with other agencies, as appropriate, and settle terminations thereof.

S. Issue letters, bulletins, or other notices to reactor licensees or applicants with respect to activities that may affect or have the potential for affecting safety of operations, and provide policy and procedures for the issuance of letters and notices to reactor licensees by regional offices concerning an inspection or licensing matter.

T. Supervise, direct, coordinate, and approve the activities of the various organizational units within the office.

U. Issue immediately effective orders to respond to imminent security threats for reactor licensees and material licensees. This authority may not be re-delegated.

IV. DELEGATION OF AUTHORITY TO THE OFFICE DEPUTY DIRECTORS The deputy directors are authorized and directed to act on behalf of the director during the absence of the director.

V. DELEGATION OF AUTHORITY BY THE DIRECTOR A. The Director, NRR, may, except where expressly prohibited, re-delegate to others the authority delegated to the director described in this or other official directives or communications as the director deems necessary.

B. Such re-delegation must be made in writing and a copy filed with the Office of the Executive Director for Operations (OEDO), the Secretary of the Commission (SECY),

the Office of the General Counsel (OGC), and the Office of the Chief Human Capital Officer (OCHCO).

C. The Director, NRR, must stipulate any limitations on further re-delegations of authority.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 7

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION VI. ORGANIZATIONAL STRUCTURE AND INTERNAL ASSIGNMENTS Organization charts and functional descriptions for NRR and its components are posted on the NRC internal Web site (http://www.internal.nrc.gov/HR/organization.html) and the NRC public Web site (http://www.nrc.gov/about-nrc/organization/nrrfuncdesc.html). Deviations from the standard organizational structure that affect positions or functions at the branch level or above must be coordinated with the appropriate regional and headquarters offices, concurred on by OCHCO, and approved by the DEDR.

VII. REFERENCES Code of Federal Regulations 10 CFR Part 1, Statement of Organization and General Information.

10 CFR 1.43, Office of Nuclear Reactor Regulation.

10 CFR Part 2, Agency Rules of Practice and Procedure.

10 CFR Part 50, Domestic Licensing of Production and Utilization Facilities.

10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.

10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

10 CFR Part 54, Requirements for Renewal of Operating Licenses for Nuclear Power Plants.

36 CFR Part 800, Protection of Historic Properties.

NRC Documents Memorandum of Understanding between the Operating Reactors Business Line Lead and Partner Offices (ML14251A052).

Memorandum to Those on the Attached List from R. W. Borchardt, Executive Director for Operations, Delegation of Authority to Issue Orders in Response to Imminent Security Threats, dated November 20, 2009 (ML092670411).

NRC Organization Web Site:

http://www.internal.nrc.gov/HR/organization.html.

NRC Web Site on the Organization and Functions of the Agency:

http://www.nrc.gov/about-nrc/organization.html.

NRRs Delegation of Signature Authority:

http://fusion.nrc.gov/nrr/team/Lists/OI%20Listing/AllItems.aspx.

For the latest version of any NRC directive or handbook, see the online MD Catalog. 8

MD 9.27 ORGANIZATION AND FUNCTIONS, OFFICE OF Date Approved: 01/24/2017 NUCLEAR REACTOR REGULATION United States Code Atomic Energy Act of 1954, as amended (42 U.S.C. 2011).

Energy Reorganization Act of 1974, as amended (42 U.S.C. 5843).

For the latest version of any NRC directive or handbook, see the online MD Catalog. 9