ML19260E297
| ML19260E297 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 12/07/1979 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Leonard J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| References | |
| NUDOCS 8002150405 | |
| Download: ML19260E297 (3) | |
Text
/
72 p gg UNITED STATES
[
o['n NUCLE AR REGULATORY COMMisslON
[
R EGION I j
,g 631 PARK AVENUE
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KING OP PRUSSI A. PENN$vLVANIA 19406
&..w...,f" DEC 0 7 1979 Docket No. 50-333 Power Authority of the State of New York James A. FitzPatrick Nuclear Power Plant ATTN: Mr. J. D. Leonard Resident Manager P. O. Box 41 Lycoming, New York 13093 Centlemen:
Tne NRC has recently amended its regulations as part of its implementation of the Resident Inspection Program.
The amended regulations implement existing NRC authority to require that power reactor licensees provide (1) onsite, rent-free, exclusive use office space and (2) immediate facility access to Comission inspection personnel.
I enclose a copy of the final rule that was effective September 17, 1979.
The NRC plans to assign two resident inspectors plus an NRC part-time secretary to your facility.
The first re.cident inspector will assume his new duty station by September 30, 1980.
All resident inspectors will be onsite prior to October 1981.
In accordance with the regulations, the NRC expects you to provide appropriately located and adequately sized office space for this staff.
Please inform the NRC Region I Director, Boyce H.
Grier, within 90 days of your plans to accommodate this NRC staff at your f acili ty.
Should you have any questions or concerns about this rule, please contact the Regional Director.
Sincerely, ctor S o, Jr.
irector Office of Inspection and Enforcement
Enclosure:
Federal Reg *ister Notice of l 960 s 52-August 16, 1979 on " Facilities and Access for Resident Inspectors" cc w/ encl:
R. Pasternack, Superintendent of Power G. Wilverding, Licensing Supervisor 8002150 4 0 5
aat :s au s cusana nc5aasas i vus. vs swu. Avu i s uuasuay, nugust au. ass e t asuace ausu asc5uda 8Wa**
- 'safeguaMs and environmental protection activities.
EFFECTIVE DATc Sep tember 17,1979.
FOR FURTHER INFCRMATICH CONTACT:
Mr. Edward 1.Jerdan. Assistant Director for Technical pro;;ra=s. Office ofInspection and Enforcement. '.f.S.
Nuclear Regulatcry Co= mission.
Washington, D.C.."355). l' hone No. 3011 492-8180.-
s.*
SUPPLEMENTARY INFORMATlorn On May 9.1978. the Nudear Regulatory Commission publishedin the Federal Register (43 FR 19860) a proposed amendment to its regulations 10 CFR 50
!Jcensing ofProduction and Utillation Facilities and Part 70 SpecialNuclear Material, which would implement authority of Section161(o) of the Atorhic Energy Act of1954, as amended. and of the Energy Reorganization Act of1974, as amended. in order to facilitate the en site resident inspection portion of its
~
revised inspection prog,-am., -
Interested persons were invited to submit written comments for -
consideration in connection with the proposed amendment by June 23,1978.
The commen's which were received addressed three principal concerns:
licensees should not be forced to provide rent-free space; the proposed space requirement was excessive and arbitrary; and inspector access
! HlhCLEAR REGUI.ATOkY PMons A@e 6e same as kr a
' COMMISSION.
ar Nant empoyee.
In mid-1978, the Commission initiated 10 CFR Parts 50 and 70 a revisedinspection program which includes the use of on site resident 1.! censing of Production and Uti!!zition inspectors. Pursuant to Section 161(o) of Fac!!1tles; Facilities and Access for the Atomic Energy Act of1954, as Residentinspection #.
amended. the Commission intends to place NRC resident inspectors on site at AGENCY:U.S. Nuclear Regulatory selected nuc!sar power reactor Commission.
construction sites and at selected power l ACTION: Final rule.
reactor. sites in test and in routine l sumuARY:
cperation. Eventually the Commission The Nuclear Regulatory expects to place full-time resident Commission is amending its regulations, inspectors at all operating power to' require power reactor licensees and rgsctors, at power rgaetors in later construction permit holders and selected stages of construction and at selected fuel facility !!censees to piovide (1) on fuel cycle facilities where nuclear site, rent. free, exclusive use of office ~
reactor fuelis fabricated or processed, space and (2) immediate licensee facility The resident inspector will observe and access to Commissioninspection redew licensee operations, construction personnel. The rule is needed in order to safety, safeguards and environmental faci!Itate implementation of a revised protection activities to determine inspection program which was initiated whether they are adequate, condacted in mid 1978. As a part of the revised -
properly and at the required frequency.
program, the Commission is placing Other regionally or headquarters based resident inspectors on site at selected NRC personnel will continue to provide nuclearpower reactor construction technical support and managment j sites, at selected power reactor sites in review as required for the inspection
, test and routine operations and at.,
program.
iselected fuel facilities to observe and In order to facilitate the performance
' rev;:wlicensee construction.
of the resident inspection program it is j opsrations, radiological safety, necessary that office space be provided 1960 s53
. Federal Register / Vol. 44. No.160 / Thursday. August 16, 1979 / Rules and Regulations 47919-
'to s leIted Cochnission persoutel.The
.As a result of comments on the '
Reg! anal Director as likely to inspect the
~
regulation as adopted requires thet the proposed rule, the provision for access' faci!1ty,!==ediate unfettered access -
licensee provide on site, rent. free,.
by. inspectors likely to conduct equivalent to access provided regular exclusive ofHee space upon the request inspections at a specine facihty has plant employees, following proper cf the Director. Office ofInspection and been rewcrded to e=phasize that identincation and ec=pliance with Enforcement. This requ!rement !s not unfettered access for inspecters who are app'dcable ac ess centrol meaures for unique in that other federal depart =ents likely to inspect a specific facility, will.
security, radiological protection and and agencies have continuous be equivalent to that for a regular plant - perscnal safety.
inspection programs that require those -
employee. Inspectors likely to inspect -
- . In i 70.5510'CFR Part 70. paragraph subject to their regulations to furnish are those who are expected to conduct (c)is added as follows:
appropriate facilities to the inspectors.
several inspections at the specific
~ g 70.50 Inspections.
Sumerent space is required in order to facility during a given year.
acco:rmodate a full. time inspector, a Pursuant to the Atomic Energy Act cf part. time secretary and transient NRC 1954, as amended, the Energy (c)(1) In the case of fuel cycle facilities Reorganization Act of1974. as amended, personnel. ne suggested space is :50 square feet but the rule does not specify and Sec* ions 552 and 553 of Title 5 of the where nudear reactor fue1is.fabritated -
an exact area. ne space provided is United States Code, the following
- Erocessed each.lleensee shall upon expected to be commensurate with
- amendments to 'Utle to, Chapter 1. Code request by the Director. Office of space normally provided to licens'ee of Federal Regulations Parts 50 and 70 Inspection and Enforcement, provide e=ployees. For sites with more than one. are published as a document subject to rent. free omce space for the exclusive power reactor unit or fuel facility it may codification.
use of Commission inspection personnel.
he necessary to assign more than one
- 1. In $ 50.70 of to CFR Part 50, an "(a)"
Heat, air conditioning, light electrical realdent inspector. If additional resident. is added preceding 'the present outlets and janitorial services shall be inspectors are assigned to a site.
paragraph and paragraph (b)is added as furnished by each licensee.The ofDee additional space will be requested.
follows:
~
shall be converdent to and have full access to the facility and, shall provide In order to assure that the resident inspector or regionally based inspectors I 50.70 !nspections.
the inspector both visual and acoustic
'are afforded the opportunity to conduct privacy.
unfettered reviews of work in progress it
. (b)(1) Each licensee and each holder (2) For a site with a single fueNacility
!s necessary and the regulation requires, of a construction per=lt shallupon I! censed pursuant to Part 70, the space that properly identified inspectors be request tay the Director, Ofnce of provided shallbe adequate to provided immediate access to the Inspection and Enforcement, provide -
accommodate a fun. time inspector, a facility (the same as regular licensee rent. free ofnce space for the exclusive part-time secretary and trdnsient NRC employees). He inspectors afforded use of the Commissioninspection persennel and willbe generaHy such access willbe provided by the personnel. Heat, air conditioning, light, e mmensurate wd2 other omce licensee that site-specine radiological electrical outlets ad I"dtorial services safety and security information shall be furnished by i > sh licensee and facMes at 6e site. A space of 250 necessary fer their safety, security, and each holder of a constrt. tion permit.
square feet either within the site's omce radiological protection and will confarrr The ofDce shall be convedent to and complex orin an omce trailer or other to all facility safety and security have full access to the faciDy and sh:11 on site space is suggested as a guide.For requirements.
provide the inspector both visu.I.nd sites containing multiple fuel facilities.
~
additional space may be requested to -
A briefing on site-specine radiological accustic privacy..
protection practices, security and (2) For a site with a single power accommodate additional full. time emergency response actions is reactor or fuel faci!Ity licensed pursuant inspector (s).The office space that is appropriate and sufficient for to Part 50, the space provided shall be provided shall be subject to the unescorted access to other than vital adequate to' accommodate a fun. time epproval of the Director. Of5ce of areas, radiation areas and areas inspector, a pert. time secretary and Inspection and Enforcement. All-contminated with radioactive material,. transient NRC personnel and will be
' furniture, supplies and communication for those NEC personnel who generaEy commensurate with other equipment'will be fumished by the infrequently visit a site. As a result of office facilities at the site. A space of Com=lssion.
the comments on the preposed rule the 250 square feet either within the site's (3)ne licensee shall afford any NRC Commission reexamined the legal basis office complex or in an office trailer or resident inspector assigned to that site for the requirement that Ifcensees other en site space is suggested as a or other NRC inspectors identiDed by provide ofnce space and determined guide. For sites containing multipla the Regional Director as likely to inspect that the requirement is neither an.
powe.r reactor units or fuel facdities, the facility,immediate unfettered arbitrary use of the Commission's additional space may be requested to access, equivalent to access provided regulatory power nor an unreasonable accommodate additional full. time regular plant employees. foDowin8 burden on the licensee.
Inspector (s). ne ofHee space that is proper ideniification and compliance As a result of the coni: erns expressed provided shall be subject to the -
8pphcaMe accus control meses W
in the comments over excessive space approval of the Director, OfHee of f r security, radiological protection and requirements, the Commission has Inspection and Enforcement. All personal safety.
changed the proposed area requirement
- furniture. supplies and communication to guidance, with the condition that the equipment will be fumished by the
[Sec.161. Pub. L to-rc3. 6a Stat. 948 (42 space provided shall be cccmensurate Commission...'
U.S.C. 2::01). Sec. 201 Pub. L 93-438. 88 5 tat.
with other office facilities at the site.-
(3) ne licensee or construction per=lt' 1:43 (42 U.S.C. 58411).
Acceptability of the space is in the holder shaU afford any NRC resident -
Dated at Washingten. D.C. this toth day of authority of the Director CfDee of inspector assigned to that site. or other August.1sra.
Inspection and Enforcement.
NRCinspectors identiRed by the t96-0 354
.