ML19087A100
| ML19087A100 | |
| Person / Time | |
|---|---|
| Issue date: | 01/09/2019 |
| From: | Tomeka Terry NRC/NMSS/DSFM/IOB |
| To: | |
| Terry T | |
| Shared Package | |
| ML19087A097 | List: |
| References | |
| Download: ML19087A100 (14) | |
Text
NRC Enforcement Program Pre-decisional Enforcement Conference Holtec International January 9, 2019
NRC Enforcement Process Inspection and/or Investigation NRC Review of Issues Exit Meeting with licensee Letter to Licensee with w/apparent violations Pre-decisional Enforcement Conference (PEC)
NRC Review of ALL Information Final Agency Decision, and communication of final decision to licensee You are here 2
Todays Conference PEC is an opportunity to provide your perspective Whether violations occurred Identification and corrective actions (immediate and long-term actions)
Whether you agree with our characterization of the violations in the PEC letter to you.
Any other information you want us to consider
- NRCs PEC letter to you provides NRC understanding and perspectives 3
Post-PEC: NRC Decisions to be Made Whether violations occurred Significance of the violations Enforcement action, if any 4
Possible Outcomes No Enforcement Action Notice of Violation (NOV)
NOV with Civil Penalty Order 5
Determine Significance = Severity Level 6
Four factors in assigning Severity Level Actual Safety Consequences Potential Safety Consequences Impact on Regulatory Process - Whether the NRC was prevented from carrying out its regulatory responsibilities Associated willfulness 7
Civil Penalty 8
Primary considerations:
- 1. How the violation was identified
- 2. The promptness and completeness of any corrective actions taken If a licensee has not had escalated enforcement in the past 2 years or 2 inspections, the only factor in determining if a civil penalty is assessed is the licensees corrective actions.
Civil Penalties
- Civil Penalties are dependent on the type of license and the severity of the violation.
For example, the base CP for a SL III violation for a large material user is $7,000 ; while the base CP for a SL III violation for a large firm engaged in manufacturing or distribution is $14,000.
For example, the CP for a SL III violation is 50% the base for that type of licensee. The CPs for a SLII or SLI violation is 80% and 100%, respectively.
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Discretion
- Regardless of the outcome, the NRC can exercise discretion if the circumstances warrant it, and may either escalate or decrease the civil penalty.
- Examples where the NRC might exercise discretion include - - willfulness, overexposures to members of the public, etc.
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Public Information If NRC takes enforcement action, it will be publicly available on NRCs web site.
In the event that a civil penalty or an order is issued, normally, a press release will be issued as well.
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Appeal Rights Any NRC action may be challenged Instructions for challenging an enforcement action will be described in the action or the accompanying letter 12
NRC Enforcement Process Next Steps Post PEC NRC Review of ALL Information to determine:
Whether violations occurred
Significance of the violations
Enforcement action, if any Final Agency Decision, and communication of final decision to licensee 13
NRC Enforcement Process Questions?
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