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)
You are here
- NRC Review of ALL Information
- Final Agency Decision, and communication of final decision to licensee 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 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.
8
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.
9
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.
10
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.
11
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?
14