ML19248D189
| ML19248D189 | |
| Person / Time | |
|---|---|
| Issue date: | 05/11/1979 |
| From: | Jennifer Davis NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| References | |
| SECY-79-327, NUDOCS 7908130401 | |
| Download: ML19248D189 (26) | |
Text
3 (NPC PUBUC DOCUMD4 T ROOM)
UNITED STATES N UCt.E A R REGULATORY COMM:SSION May 11, 1979 SECY-79-327 CONSENT CALEND AR ITEM For:
The Commissioners Frem:
John G. Davis, Acting Director, Office of Inspection and Enforcement Thru:
Executive Director for Operations y 4
Subjeg:
AMENDMENTS TO 10 CFR 50 AND 70 TO PROVIDE FOR ON SITE OFFICE SPACE FOR RESIDENT INSPECTORS AND IMMEDIATE FACILITY ACCESS TO NRC INSPECTION PERSONNEL Purcose:
To obtain Ccmission approval to publish amendments to Parts 50 and 70 which will require power reactor licensees and construction permit holders and selected fuel facility licensees to provide (1) on site office space for resident inspectors and (2) imediate facility access to inspection personnel.
Category:
This is a matter requiring Coninission approval.
Discussion:
After Commission action on SECY-78-159 a notice of proposed rate making was published in the _ Federal Register (43 FY 19860) on May 9, 1978, which would implement existing authority of Section 161(o) of the Atomic Energy Act of 1954, as amended, by appro-priate amendments to Parts 50 and 70 relating to resident inspectors and facility access to NRC inspectors.
A total of twenty-six comments were received from interested parties during the forty-five day coment period.
The conTnents which were received addressed three principal concerns:
ten respondents stated that licensees should not be forced to provide ent-free space; sixteen respondents stated thesproposed space requirement was excessive and arbitrary; and eight respondents expressed concern over inspector access provisions.
Contact-E. L. Jordan, IE 561 3,7 49-28180 7908130 @ l 1 3 6I3 E P M d eEe S t _
., Six miscellaneous comments were received which addressed the following areas:
a lack of a value-impact statement; objection to the resident inspec-tion program; the need for competent, carefully chosen and trained personnel to fill resident inspection positions; a suggestion for a three-person inspection team at each site; a concern over protection of proprietary information; and that access provided for inspectors offends the Fourth Amendment prohibition against unreasonable searches and seizures.
A summary of these comments is attached as Enclosure A.
The responses to the three principal concerns are discussed below:
1.
Ia response to the concerns over having to provide rent-free space, ELD reexamined the legal basis and concluded that the original opinion expressed in SECY-78-159 remained valid.
That original opinion stated that the requirement that licensees provide office space is not unconstitutional or othenvise illegal, and is within the Commission's regulatory authority.
A change to the fee schedule is not warranted because the requirements to provide space for resident inspectors are in essence no different than other requirements requiring expenditure of resources to further the public health and safety.
2.
As a result of the concerns that space require-ments were excessive, that section of the proposed rule change has been rewritten to require space commensurate with other office facilities at the site.
A square footage statement is included only as guidance.
The acceptance of the office space is in the authority of the Director, Office of Inspection and Enforcement.
3.
The provision for access by inspectors likely to conduct inspections at a specific facility has been reworded in accordance with the recommendations of respondents to emphasize that the enfettered access will be equivalent to that provided to plant employees.
While we agree that the inspectors who have the equiva-lent access may serve as escort for other
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- i. inspectors or NRC personnel at the site, we do not feel that this provision need be stated in more detail.
It is not our desire that the resident inspector be burdened # ch escort du ti es.
NRC part-time secretar'al help will be subject to NRC security check and will not require access to vital areas.
The responses to the six miscellaneous concerns are discussed below:
1.
The comments regarding a value-impact statement arti considered to have been satisfied by the presentation of SECY-77-138A (May 3,1977) which formed the basis for the decision to implement a program of retident inspectors.
2.
Commenters who objected generally to the institution of the resident inspection program asserted that the program would unnecessarily consume the working time of licensees' personnel and unduly burden or disrupt operations but would not improve the inspection program or provide better protection of public health and safety.
Many of the same concerns were raised when the NRC decided te implement a resident inspection program and were discussed in SECY-77-138A.
The staff remains convinced that implementation of the resident inspection pro-gram will enhance the NRC's inspection capa-bilities without undue interference in licensees' operations.
3.
Several coments emphasized the need for competent, carefully chosen and trained personnel to fill resident inspector positions.
Existing NRC practices ensure that resident inspectors are properly qualified for their positions and have undergone the requisite training and security clearance.
However, the NRC does not deem it appropriate, as one com-menter suggested, to allow licensees to inspect the personal history and security investigation of individual inspectors.
4.
One commenter suggested the use of a three-person inspection team at each site to effec-tively implement the resident inspector program.
,:1 3-SM
., The NRC will consider this and other suggestions to improve the efficiency of the program and will continuously monitor the program and make changes in its implementation as may be necessary.
The State of Rhode Island favored the resident inspector program, stating that the program would aid state authorities in the conduct of their responsibilities and improve communica-tion with the NRC.
5.
One commenter stated that inspectors should be allowed only limited access to licensee's operations involving proprietary information.
The NRC finds such restriction inappropriate.
Federal employees are required by law to pre-serve the confidentiality of proprietary informa-tion. Moreover, all inspection reports including those generated by resident inspectors are reviewed for proprietary information prior to public release.
6.
One commenter suggested that the access provided the resident inspector and other NRC inspectors offends the Fourth Amendment prohibition against unreasonable searches and seizures and con-stitutes a warrantless search similar to that struck down by the Supreme Court in Marshall vs.
Barlow's, Inc., 436 U.S. 307 (1978).
The comenter fails to recognize that all licensees and permit holders have consented in advance to lawful inspections under 10 CFR 50.70 and 70.55. Moreover, the 3arlow's, Inc. case is not applicable to NRC inspections, because such inspections fall within the exception for
" pervasively regulated businesses" that the Court identified in Barlow's, Inc.
Wording changes have been made to incorporate editorial comments and to clarify the' proposed regulation.
The proposed rule revised in accordance with the above discussion is provided in Enclosure B.
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. Recomendation:
That the Comission:
1.
Approve publication in the Federal Register the amendments to 10 CFR 50 and 70 as set forth in Enclosure B.
2.
Note:
a.
No environmental impact statement concerning this rule making action is required because the Amendments do not constitute a major federal action significantly affecting the quality of the human environment, as stated in Comission paper SECY-75-ll3.
b.
No separate value impact statement concerning this rule making action is included since the decision to implement a program of resident inspection (SECY-77-138A) required that the inspector be on site full time.
In addition, the proposed regulation only clarifies and implements authority which is provided by the Atomic Energy Act of 1954, as amended, and by the Energy Reorganization Act of 1974, as amended.
c.
A public announcement such as that shown in Enclosure "C", will be issued when the notice is filed with the Office of the Federal Register.
Coordination:
The Offices of Nuclear Materials Safety and Safeguards, Nuclear Reactor Regulation, State Programs and Standards Development concur in the recommendations of this paper.
Tne five OPE coments are responded to in Enclosure D.
Two were suggested wording changes to improve effectiveness of the rule.
One was advice to the staff cn future actions on access.
The fourth was a suggestion for added explanation of wording changes from the proposed rule.
The fifth suggestion was to change the title for consistency
-oi f hk
, with the rule. The Office of the Executive Legal Director has no legal objection.
The public announcement was prepared by the Office of Public Affairs.
l
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g:g
' John G. Davis
' Acting Director Office of Inspection and Enforcement
Enclosures:
A.
Summary Comments B.
Revised Proposed Rule C.
Public Announcement D.
Response to OPE Comments Connissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, May 24, 1979.
Commission Staff Office comments, if any, should be submitted to the Corr.missioners NLT May 18, 1979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of June 4, 1979.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION Commissioners Commission Staff Offices Exec Director for Operations ACRS Secretariat
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RfSPONbtNifbAlE NRC PAY COSTS SPALC EXCESSIVE ACCESS CONCIRNS SECURITY CONCERNS RECOMMENDATIONS - CfMOENIS
- 1. t v.in Muryan ( Tax-tio of f t(e space is avall-Inspectors fiave f asisediati level of inspection is payer) able - space is excessive, access rum, so Joes not unsie( es sa ry. Otijects to 5/11/78 It trailer is used, specid iiupruve it.
an unlimited nui:Ler of sdnitdry idCilities al'c ins pet tors. Objects to never provided for average asi unlimited audiber of person.
affices.
8 Rejects the argument that agenLies & deparlihents of the f ederal Goverswuent force those regulated to provide office space.
- 2. Rayuond G. Carsoll Suggest change to Part 19 licalth Physicist for non-NRC personnel.
5/31/78 J. Jannes P. Ilugan Requested additional General Atomics infonination (Pruvided by 5/26/78 telecon [LJordan 6/16)
- 4. Conner,lbore &
As credit against i 'teyt.es ts bur densoine on e >verned by sauie industrial Quotes 415U5345,350 (1947) m Cos t er license fees plants already tunstrut.ted security requirements as and 29505555,601 (1935) on (Mark Wette:hahn) plant employees consistent prohibited appropriation 6/23/78 with Consnission's require-of property. Proposed nients. Proposed rewording rewording of 50.70(b)(3) of 50. 70(b)(3).
t Rochester Gas & Electi le Lostly & burdensom. Sug-Sug< jest rewritting 50.70 Proposed rewarding of (John L. Arthur) gest qualita tivt-require-(b)tlii) nr ee like sup-50.70(b)(it). Proposed 6/2J/78 aient to acconsindate plemen ta l in f o ni.a t ion.
rewording of 50.70(b)(til).
,tacility diversity pro-Suggests access should i
' posed nr an alternate is not be necessary if rn -
8 a guideline. Hisunderstood licensee personnel neces-g that exclusive janitorial
.ary to respond to in-a O
service is r equired.
spectors specific purpose gc ire not available, cv Page 1 6
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MONDE Nif fA1E NRC PAY C0515 SPACE EXCESSIVE 7.CCESS CtNC[RNS SECURITY CONCERNS RfC0tN1hDATIONS - COMMENTS l
6.
Florida power &
Unconstitutional accord-Am bitrary to lisipose requir - Of f erids 4th Asiensiirrit Quotes 41505336 (1974)
Light ing to 5th Auenduent ment that site offk e -?ie pauhibition against un-Quotes 46tfStW 4483 (5/23/78)
(Robert E. Uhr19)
("nor shall private peu-asee t a part icul a r o t o t u ".a seasonable searches and and 387U5523, 528-29 (1967) 6/22/78 perty be taken for size requirena:nt, th.. :en-
- seliures, and 38705541, 543 (1967) and public use, without just s unie.
40605311, 316 (1972) and conipensa t ion").
397US72, 77 (1970). Also improper tee.
413. US266, 271 (1973).
Dispensing with Section 50.70(b) and sewording. 50.70 f'0 Vide 5Me when nekrL
- 7. Niagara Hidiawk Power is in corflict with Niagar.
Coporation Holiawk Corporate Of fice (Isonald P. Dise)
Space Standard - should 6/i3/76 not specif y aimusit of space.
- 8. John W. Cure, Ill Objects to pennanent station Cesttfied in Health ing of inspectors at power l'hysics 196!
reactor site - will not 6/21/ 7th increase safety but will increase cost of generation of eler_tricity.
- 9. Cou m nwealth Edison lacceds (in riany cases) the Peuposed rewording of 50.70 (Cosdell Need) space provided to depart-(b)(2)(i) and (iij. NRC be 6//3/78 isent heads. If asinimum responsible for action of space requisebent aust be pa r t-t isie sec re ta ry.
included, 140 sq. ft. is recompiended - space should not be mu!Liple of one inspector.
O____-_______
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RfSPONDENT/DATE NRC PAY COSIS SPACE EXCESSIVE ACCESS C0hC[RNS SECURITY CONCERNS RECOMMENDATIONS - 00f WENIS lu. Wisconsin Electric Iraining of inspectors Oppose required of fice Resident inspectors (ouki 1icesisees should t>e allowed
[xercise extresae care in Power Conpany not to be a burden u.;
space. Proposed minimum be treated like employec-to inspect PSQ and BI of selecting resident in -
(Sol Burstein) licensees. Initial costs space requirenent is in regard to access but irispectors to assure con-spectors and provide for 6/23/78 in providing space &
superior to plant personnd do not regas d as appru-sistency with II(ensee's f requent and detailed review f acilities for trispettors which is unacceptable, priate providisig "NRC the security requis eum nts.
of activities through should be t.onic t.y NRC.
grte blainthe" !'ight to regicrial & ilQ's 1[.
designate any nunber of personnel the right to innaediate & unlimited access. Use sesident inspettors to escort uther NRC per sonnel instead of utility personnel.
ll.Environunent Coalition Rule should be lapleniented on Nuclear Power as proposed. Consideration (Wm. A. toshstet) of using 3-person team for 6/21/78 each site. Inspec tors should have authority to shutdown plarit if a safety prublem.
I;, Public Servite Co.
Ae tnd to ollow usure flem-NRC pay tur empenses relatu Pruvisions in Supplementary of Indiana, Inc.
Ibi l i t y & tha t siin isiiusii to inspector acquiring Initorwatiosi stating NRC per-(Charles W. Campbell space & pilvsty sequire-necessary security sonnel will be required to 6/23/18 ments be equivaleist of
( lea ra ntes.
(uiriplete site-specif led that which li(ensee or radiological safety & secur-perviittee f urnishes to ity troistisig for saf ety &
its own personnel. Pru-that they will cosiforms to vistuns sequiring trailers all f acility safety & secur-equipped with sanitary Ity requirements be included C
f acilities usiglit cr eate in proposed 4:nenced sisj-CS piublems during early ul tiosis.
stages of tonstructiosi.
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l kfSP,0HDEN1/ DALE NRC PAY COSIS SPACE EXfES$1VE ACCESS CONCIRNS stCURITY CONCf kNS RECOMMENDATIONS - C0tM NIS u, United Nuclear Corp.
L apect cost recovery 150 sq. ft. is entessive.
Inspector miay not have Resident inspector program f
(W. J. Kirk) fobin agesicles in regards suggest 1/2 to 1/3 the f ree, unexorted attess cosistanes utility's per-6/19/78 to added costs of a site.
teetaust of peuprietary sonnel time.
t resident inspection information.
I prog raia. Letreased or elistinated NRC inspector toes.
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- 14. bal timore Gas &
1RC should pay for any No space presently avall-Resident inspectors would f lectric Coupany axpenses incurred by the able.
be duplicative of Quality
( Arthur E. Lundvall, unipariy.
Jr. )
Assurdnce Department - sidy LT/19/ /d be hard to justif y lar9e force. Does not result in Cm significant increase direct inspection observation. Dots not provide greater NRC inspector dvaildbility in everit of incident.
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Dues not ioci1itate unannoun(.ed r
.3 inspections. No benefits from N
the resident inspection program.
- 15. Berlack, Israels &
Suggests NHL uwy have Same as Wisconsin Electrit liberuun to bear costs under hmer Company 6/21/18 triteria established in New England Pwer fo.,(fiC, 415 U.S.
345 1974).
- 16. Union ' let trit Would have to make Resident inspettor(s)
Cuupany physical (hanges so should att as estort (Joseph L. Birk) f eel f4RC should rein. burs for other visiting 6/20/78 thesu for expenses NRC personnel.
incurred.
Kne flexibility required.
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Ml'ONut N ff DAll NRC PAY COSIS SPACE thCESSIVE ACCESS CONCEkNS SfCURIlY C0h_CERNS RECOMMf NDATIONS - COfM NIS 17.Carulisia Power &
f rinual irispec t ion f ees fisiancial burderi ori test senterite of paragraph 1.lght Couqany reflect the aruiual l i( esis ees. If 250 sq. ft.
50.70(b)(3) is unnecessary (E. E. Utley) rent charged tu the is seguired why adJillonal regairennent dnd contrd-6/ // 78 Cousnission hr office 50 ft. fur out-of-the-of fite dictory tu other require-space.
t r ailer. Specificity is sierits in 50.70(b)(3).
required for the term "driy necessary eniergency dldillis" in the tia ller.
Guidance sheuld be given for the acceptable space.
- 18. Shaw. PittJaan. Potts Sanie as Wistuvisisi flectric
& 1rowbridge Power (tmupany -----------
6/23/18
- 19. thuaha Public Power Space unrealistic. Hgr Dist.
has less space at (l. L. Short) f L. 04 lisours.
6/22/78
- 20. State of kluide Islan'J Strcn9ly endor ses the
& Pr ovident e ahit rathisent.
Plantatiusis (tiante G. lona ta )
C/Zb/?U
( K'. Yankee Atoinic ilet ta it 250 sq. ft. greater than 5duse as s egular plasit Pa s-t - t iieaa sete ctariol help f.esident inspector (W. P. Johnson) asiy space a t Yantee H.
euployee by pesimission niu.t nieet streening of should escort other
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6/?b/lu land is not readily avail-oeily for attess to esi4iloyees in protetted NRC inspectors.
able for tfdiler spJte.
security vital a cas.
aied.
Space usay t,e outs ide the protected area.
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bh Nixon, liargrave, Dev isis Transailt RG&L letter C ~ & Duyle
($(ut t M. Turner) 6/26/10 See also 5 page 5
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H[tPOhulNIfDAIE NRC PAY COSIS SPACE EXCESSIVE ACCESS CONCERNS SECURITY CONCERNS RE COMMLNDATIONS - COMMENTS
Power Company -----------
6/23/18 24.(kneral Atomits legal arguuient pr ovided Space entessive laitonsisterit with 2-nun thould establish (James P. hogan) to state that tree rule. Should clarify objective criteria for 6/29/78 accousaudations should-inspet.tur 's at.thority.
deterisiining need f or See also 3 not be expected - like Potential danger if unco full tiaise trispectors, quartering troopsi trolled and unestorted Should elissairiate in.pli-access is pushed too far Calton (tut inspector No t>asts f or providing may denund access to greater access than (ur-portion operable w/o rently provided.
license.
- 25. Westinghouse ilettrit Unwa rranted and usinctes-Legally questionable.
Nuclear fuel Div.
sory bur den.
Ta n taunint Unreasoriable enterision (W. J. ikillaid) to (turgir>J 4 f ee f or-requirisig authorita tion 6/26/18 inspection by Congress. Nu evid-ent.e of a value innpa c t statement - should be made available to public f or comient. Affords no greater protection.
26.0tishoie Power Systeil s Disagr ee with s ent f ree Prof essturul engineering thy be disruptive of Not cusnpatible with Al
( R. 11. S termun) space - unanticipated get 150 square feet.
uunufacturirig work.
study. Disr uptive of 6/29/78 (ost tain't be passed, work.
Does the rule apply to the eunuf ac turer of a floating nuclear plant?
Trairling would not be w
given inspector in the deed of s'ddiography
{g since such wor k is dune under agretsuent s tate l i t erise.
vi Page 6 py Q
ENCLOSURE B
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ENCLOSURE "B"
[10 CFR Parts 50 and 70]
Licensing of Production and Utilization Facilities Special Nuclear tiaterial Facilities and Access For Resident Inspection AGENCY:
U. S. Nuclear Regulatory Commission ACTION:
Final Rule
SUMMARY
- The Nuclear Regulatory Commission is amending its regulations to require power reactor licensees and construction permit holders and selected fuel facility licensees to provide (1) on site, rent-free, exclusive use office space and (2) immediate licensee facility access to Commissicn inspection personnel.
The rule is needed in order to facili-tate implementation of a revised inspection program which was initiated in mid-1978. As a part of the revised program, the Comission is placing resident inspectors on site at selected nuclear power reactor construction sites, at selected power reactor sites in test and routine operations and at selected fuel facilities to observe and review licensee construction, operations, radiological safety, safeguards and environ-mental protection activities.
FOR FURTHER INFORMATION CONTACT:
Mr. Edward L. Jordan, Assistant Director for Technical Programs, Office of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
Phone No.
301-492-8180.
SUPPLEMENTARY INFORMATION: On 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 of Production and Utilization Facilities and Part 70 Scecial Nuclear Material, which would implement authority of Section 161(o) of the Atomic Energy Act of 1954, as amended, and of the Energy Reorganization Act of 1974, as amended, in order to facilitate the on site resident inspection portion of its revised inspection program.
Interested persons were invited to submit written comments for consideration in conne< tion with the proposed amendment by June 23, 1978.
The comments which were received addressed three principal concerns: 'icensees 2nould 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 olant employee.
In mid-1978, the Comission initiated a revised inspection program which includes the use of on site resident inspectors.
Pursuant to Section 161(o) of the Atomic Energy Act of 1954, as amended, the Comission intends to place NRC resident inspectors on site at selected nuclear Enclosure B cp J
_2 power reactor construction sites and at selected power reactor sites in test and in routine operation.
Eventually the Commission expects to place full-time resident inspectors at all operating 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 resident inspector will observe and review licensee operations, con-struction safety, safeguards and environmental protection activities to determine whether they are adequate, conducted properly and at the required frequency. Other regionally or headquarters based NRC per-sonnel will continue to provide technical support and management review as required for the inspection program.
In order to facilitate the performance of the resident inspection program it is necessary that office space be provided to selected Comission personnel. The regulation as adopted requires that the licensee provide on site, rent-free, exclusive office space upon the request of the Director, Office of Inspection and Enforcement. This requirement is not unique in that other Federal departments and agencies have continuous inspection programs that require those subject to their regulations to furnish appropriate facilities to the inspectors.
Sufficient 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 specify an exact area.
The space provided is expected to be commensurate with space normally provided to licensee employees.
For sites with more than one power reactor unit or fuel facility it may be necessary to assign more than one resident inspector.
If additional resident inspectors are assigned to a site, addi+.ional space will be requested.
In order to assure that the resident inspector or regionally based inspectors are afforded the opportunity to conduct unfettered reviews of work in progress it is necessary and the regulation requires, that properly identified inspectors be provided immediate access to the facility (the same as regular licensee employees).
The inspectors afforded such access will be provided by the licensee that site-specific radiological safety and security information necessary for their safety, security, and radiological protection and will conform to all f acility safety and security requirements.
A briefing on site-specific radiological protection practices, security and emergency response actions is appropriate and sufficient for unes-corted access to other than vital areas, radiation areas and areas contaminated with radioactive material, for those NRC personnel who infrequently visit a site.
561 D N'
. As a result of the coments on the proposed rule the Comission reexamined the legal basis for the requirement that licensees provide office space and determined that the requirement is neither an arbitrary use of the Commission's regulatory power nor an unreasonable burden on the licensee.
As a result of the concerns expressed in the coments over excessive space requirements, the Commission has changed the proposed area require-ment to guidance, with the condition that the space provided shall be comensurate with other office facilities at the site.
Acceptability of the space is in the authority of the Director, Office of Inspection and Enforcement.
As a result of coments or, the proposed rule, the provision for access by inspectors likely to conduct inspections at a specific facility has been reworded to emphasize that unfettered access for inspectors who are likely to inspect a specific facility, will be equivalent to that for a regular plant employee.
Inspectors likely to inspect are those who are expected to conduct several inspections at the specific facility during a given year.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and Sections 552 and 553 of Title 5 of the United States Code, the following amendments to Title 10, Chapter 1, Code of Federal Regulations, Parts 50 and 70 are published as a document subject to codification.
Sections 50.70 and 70.55 are amended as follows:
1.
In 5 50.70 of 10 CFR Part 50, an "(a)" is added preceding the present paragraph and paragraph (b) is added as follows:
(b)(i) Each licensee and each holder ot a construction permit shall upon request by the Director, Office of Inspection and Enforcament, provide rent-free office space fntidd/nd )iedtf dit todd/tfodidg4 Jight, disc 4rfcAl %utidtd dnd jaditotidl $etv/cd for the exclusive use of the Commission inspection persornel. Heat, air conditinning, light, elec-trical outlets and janitorial services shall be furnished by each licensee and each holder of a construction permit.
The office shall be convenient to and have full access to the facility and shall provide the inspector both visual and acoustic privacy.
(ii) For a site with a single power reactor or fuel facility licensed pursuant to Part 50, the space provided shall flJ de Aithin thdt
$ite/s dffite (otpleA dnd be 4 AiAiAuM df 250 $qdate fedti dr (2J Ee in dffite trAiJet dr foduJe dr dqdifaledt Jotated teparate frdm thdt
$ite/s dffite tofpJeX Wut dn/s/td And We d MiAiMuA df 300 sqdate fedt/
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. Jf f 2] Abdvd fs thdsdni thdn in 4dtitidn to thd Abdvd teduf rdd 4t/lftfef, futh Ap4cd th41J Ee dqdippdd With faditaty fatiJitids And inf fetetsdrf AmtrgeAcf aJa/mt. be adequate to accomodate a full-time inspector, a part-time secretary and transient NRC personnei and will be generally commensurate with other office facilities at the site. A space of 250 square feet either within the.ite's office ccmplex or in an office trailer or other on site space is sugaested as a guide.
for fitef tohtdiniAg tote th4n And todet teActof dnf t dr fuel facilityl Anf Additidndl fpAct fedufrdd th41J Ee Apdeffled fn thd tedudst fot
- pfcd And fo/ dath AdditidnAl fn#pfctof fedufrddl th41J tot dxtedd thd MidifuA fpded ditedsfoAs prdvfddd fot thd inftfaJ fntptctot.
For sites containing multiple power reactor units or fuel facilities, additional space may be requested to accommodate additional full-time inspector (s).
The office space that is provided shall be subject to the approval of the Director, Office of Inspection and Enforcement. All furniture, supplies and communication equipment will be furnished by the Commission.
(iii) The licensee or construction permit holder shall afford any WRC resident inspector assigned to that site, or other NRC inspectors identified by the Regional Director as likely to inspect the facility, imediate unfettered access, eouivalent to access orovided regular plant employees, following proper identification and compliance with applicable access control measures /.ctefs faf Ee Jifited odif td tHe dxtedt te4ufrdd for tHe fn#pdctot's f afety for security, radiological protection and personal safety.
2.
In 5 70.55 10 CFR Part 70, paragraph (c) is added as follows:
(c)(i) In the case of fuel cyt.e facilities where nuclear reactor fuel is fabricated or processed each licensee shall upon request by the Director, Office of Inspection and Enforcement, provide rent-free office space indidding Medti dit toAditfoAiAgt Jight, ditctr/ cal %utisti And jaditoridl fetv/cd for the exclusive use of Commission inspection personnel. Heat, air conditioning, light, electrical outlets and janitorial services shall be furnished by each licensee.
The office snall be convenient to and have full access to the facility and, shall provide the inspector both visual and acoustic privacy.
(ii) For a site with a single fuel facility licensed pursuant to Part 70, the space provided shall flJ Ee Within thdt fite/s offite toinpleX And be 4 MidituA df 250 #qdate fedt4 dr /2) Ee in dffite trdilet 6r todule dr dqdiftalent Jctated fepatate frdm thdt fitels dffite totpJet Eut dn/sitd And Ee MidiMut df 300 s4udrd fdet.
If f21 Abdvd /s thdsdn, thdn in 4dditidn to thd Ab6vd rdqdited 4tfiftfet, futh fpfcd thdlJ Ee dqdippdd Aith f aditaty fatiJitids And Anf petetsdrf efefgdnty didr%s be adequate to acconinodate a full-time insoector, a part-time secretary and transient NRC oersonnel and will be generally commensurate with other office facilities at the site.
A space of 250 square feet SM
-d-.
. either within the site's office complex or in an office trailer or other on site space is suggested as a guide.
fot $itet tohtdidiXg fore than dnd fudl facilityf Anf ddditidndl $pdcd fedufrdd ihdlJ Ee ipdcffled in thd fe4udst lof Apfcd And fof dadh Additidndl fntpdctof fedufrdd thdlJ fot dxtedd thd fifitut fpfcd difehsfahs prdvfddd fof the inftfaJ fntpdctof.
For sites containing multiple fuel facilities, additional soace may be reouested to accommodate additional full-time inspector (s).
The office space that is provided shill be subject to the approval of the Director, Office of Inspection and Enforcement. All furniture, supplies and communication equipment will be furnished by the Conmission.
(iii)
The licensee Wr petm/tted shall afford any NRC resident inspector assigned to that site, or other i1RC inspectors, identified by the Regional Director as likely to inspect the facility, immediate unfettered access, equivalent to access provided recular olant employees, following proper identification and compliance with applicable access control measures /ctets Maf We JiAifed nJy to the dxteAt fedufrdd fof thd i6stett6rt safety. for security, radiological orotection and oersonal safety.
(Sec.161, Pub. L 83-703, 68 Stat. 948 (42 U.S.C. 2201), Sec. 201, Pub. L.93-438, 88 Stat.1243 (42 U.S.C. 5841)).
Dated at Washington, D.C. this day of
,1979.
FOR THE NUCLEAR REGULATORY COMMISSION Samuel J. Chilk Secretary of the Commission
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ENCLOSURE C 561 31
ENCLOSURE "C" NRC AMENDS PSGULATIONS TO PROVIDE OFFICE SPACE FOR RESIDENT INSPECTORS The Nuclear Regulatory Commission is amending its regulations as part of its implementation of a program of placing resident inspectors at commercial nuclear power plant sites and at fuel cycle facilities.
Eventually, the Cormiission plans to place at least one, full-time resident insp?ctor at all operating power reactor sites, at power reactor sites in latter stage of construction and at selected fuel cycle facilities licensed by the NRC to fabricate or reprocess nuclear fuel.
The purposa of the resident inspection program is to:
(a) increase direct inspection observations; (b) provide greater NRC inspector availability in the event of an accident; and (c) facilitate unannounced inspections.
A list of facilities to which resident inspectors have been assigned to date is attached.
Under the amendments, licensees--those which hold operating licenses or construction permits-- will be required to provide on site office space of a minimum specified size--and including haat, air conditioning, lighting, electrical outlets and janitorial services--to accommodate a full-time inspector, part-time secretary and other NRC personnel who may visit the site from time to time.
If additional full-time inspectors are assigned to sites with more than one reactor, additional office space will have to be provided. All furniture, supplies and communication equipment will be furnished by the NRC.
In order to assure that the resident inspector--and/or regionally-based inspectors-- are afforded the necessary opportunity to conduct unfettered reviews of the work in progress at a given facility, it will be necessary for them to have the same access as employees.
Accordingly, they will be required to complete all site-specific radiological safety and security training and will confonn to all station safety and security requirements.
For NRC personnel who visit a site infrequently, a briefing on site-specific radiological protection practices and security and emergency-response actions will suffice for unescorted access to other than vital areas and radiation areat.
The amendments to Part 50 and 70 of the NRC's regulations will become effective within days of publication in the Federal Register on Attachment Enclosure C
PLANTS TO WHICH RESIDENT INSPECTORS HAVE BEEN ASSIGNED Salem Nuclear Generating Station, Salem, NJ Peach Bottom Nuclear Power Plant, Peach Bottom, PA Indian Point Nuclear Station, Indian Point, NY Millstone Nuclear Power Plant Station, Waterford, CT Susquehanna Steam Electric Station, Berwick, PA Surry Power Statior, Gravel Neck, VA North Anna Nuclear Power Station, Mineral, VA Browns Ferry Nuclear Power Plant, Decatur, AL Oconee Nuclear Station, Seneca, SC Hatch Nuclear Power Plant, Baxley, GA Watts Bar Nuclear Plant, Spring City, TN D. C. Cook Nuclear Plart, Bridgman, ML (one of pilot plants for resident inspection)
Dresden Nuclear Power Station, Morris, IL Midland Nuclear Power Plant, Midlar.d, MI Prairie Island Nuclear Power Plant, Red Wing, MN Arkansas Nuclear Power Station, Russellville, AR Comanche Peak Steam Electric Station, Glen Rose, TX Trojan Nuclear Plant, Prescott, OR San Onofre Nuclear Generating Station, San Clemente, CA Diablo Canyon Nuclear Power St' tion, San Luis Obispo, CA Nuclear Fuel manufacturing facilities at Apollo, Leechburg, PA and rheswick, PA (one inspector for all three) and at Erwin, TN (Jb So,\\
ENCLOSURE D
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ENCLOSURE "D" Response to Office of Policy Evaluation Comments The two wording changes recommended by OPE for subparagraph (b)(iii) of 5 50.70 and subparagraph (c)(iii) of 5 70.55 have been acconmodated.
The first change assures flexibility in assigning more than one resident inspector by changing the phrase "the assigned inspector" to "any NRC resident assigned to that site".
The second change inserts the word
" regular" between the " equivalent to access provided" and " plant employees", to be consistent with the recommended wording in Enclosure "A"
the term " regular plant employee" was used on page 1 of Enclosure "B" anc was added on page 2 of Enclosure "B" for consistency.
The requested explanation of the reason for the change from "immediate access" in the proposed rule to "immediate unfettered access" in the final rule was to connect the two related conditions.
This is not a substantial change, merely a wording change.
Unfettered access and unfettered reviews are essentially synonymous since inspectors are conducting reviews of various plant activities as soon as access to the facility is obtained.
The inconsistency between " PROMPT" and "IM'EDIATE ACCESS" identified by 0PE has been corrected by changing the cover memo title and the wording in the Statement of Consideration to immediate access as stated in the rul e.
Attachment:
Memo A. Kenneke to T. Rehm dated 3/26/79 3
5 /o1 J
Enclosure D
- './r Attachment
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he UNITED STATES y
NUCLEAR REGULATORY COMMISSION W ASHINGTON. D. C. 20555
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March 26, 1979 MEMORANDUM FOR:
Tcm R tr Assistant to the EDO FROM:
Al ;
eke, Acting Director, OPE
SUBJECT:
COMMENTS ON PROPOSED FINAL AMENDMENTS TO 10 CFR 50 AND 70 TO PROVIDE FOR ON-SITE OFFICE SPACE FCR RESIDENT INSPECTORS AND PROMPT FACILITY ACCESS TO NRC INSPECTION PERSONNEL We offer the following comments concerning facility access, as described in proposed subparagraph (b) (iii) of 50.70 (on page 4 of Enclosure "B") for reactors and subparagraph (c) (iii) of @70.55 (on page 5 of Enclosure "B") for fuel cycle facilities:
. The change from use of the phrase, "any inspector," to the phrase, "the assigned inspector,"might inadvertently deny immediate unfettered access in cases where NRC might have more than one resident inspector at a site.
For example, an apparent option might be to assign two resident inspectors to a site that has both a BWR and a PWR.
The pre-sent proposed wording might be interpreted as meaning that facility access could be restricted to a specific one of the two resident inspectors assigned to the site.
If so, this would reduce desirable flexibility, e.g. in situations that may arise where one of the two inspectors is absent or on occasions where two would be more effective.
I believe that the following wording might be appropriate.
"(iii) The licensee or construction permit holder shall afford any NRC resident inspector assigned to that site,...."
. The staff might wish to insert a word, such as " regular," between
" equivalent to access provided" and " plant employees," since the former phrase, "for the inspector's safety," has been changed to "for security, radiological protection and personal safety." We noted that one comment identified in Enclosure "A" referred to regular plant employees.
. Regarding " applicable access control measures," I understand that some resident inspectors may have "L" instead of "Q" clearances. NRC staff clearance practices along this line, of course, should be closely coordinated with any future Commission actions relevant to access by licensee personnel.
7 fi CONTACT:
Cookie Ong (OPE) 561 J
634-1427
Tom Rehm. We noted that "immediate access" has been changed to "immediate unfettered access," apparently to help clarify among other things, that NRC inspector access could be on an unescorted basis.
The word
" unfettered" had previously been explicitly used in connection with reviews of work in progress (see the supplementary information dis-cussion of the notice of proposed rulemaking, which was published in the Federal Register on May 9, 1978).
As some may see this as a substantive change, it may be useful for the FRN to note the reason for the change.
. Since proposed requirements specify immediate access, the staff might wish to change " PROMPT" in the subject title of the cover memo to "IMMEDIATE."
cc:
Leonard BickJ't pe3 7
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