ML19261C010
| ML19261C010 | |
| Person / Time | |
|---|---|
| Issue date: | 02/21/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Dingell J, Hart G, Mondale W, Oneill T, Udall M HOUSE OF REP., HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, PRESIDENT OF THE SENATE |
| References | |
| NUDOCS 7903120399 | |
| Download: ML19261C010 (7) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION Y D fl' WASHINGTON, D. C. 20555 X
o W xyi February 21, 1979 OFFICE OF THE Identical letter sent to CHAIRMAN The 1:onorable Thomas P. O'Neill Spetiter oi the House of Rcpresentatives Washingto., D.C.
20515 The Honorable Walter F. Mondale President of the Senate Washington, D.C.
20510
Dear Mr. President:
- I am transmitting herewith a legislative proposal for an addition to the Commission's organic statute that would provide statutory recognition for a major Commission office -- the Office of Inspection and Enforcement.
A draft bill is in enclosure 1 and a statement of the need for the legislation is in enclosure 2.
The Energy Reorganization Act of 1974 established three of the Com-mission's major offices -- the Office of fiuclear Reactor Regulation (i 203), the Office of fluclear Material Safety and Safeguards (i 204),
and the Office of fluclear Regulatory Research (5 205) -- and specifies their functions and duties.
However, it does not establish the Office of Inspection and Enforcement, nor does it mention the Commission's inspection and enforcement functions.
The Commission's Office of Inspection and Enforcement is equal in importar.:e to the statutorily created offices and exceeds all of them in size.
It i, the Commission 's primary means of assuring that activities regulated by the Commission actually comply with the Commission's rules, regulations, orders, and license conditions designed to protect the health, safety, and security of the public, to protect the environment, and to safeguard nuclear materials and facilities.
The Office manages the Commission's five
' field offices, and thus constitutes the Commission's major presence outside Washington, D.C., at reactor sites and other locations through-out the country.
The Offices's most important duties may be categorized as follows:
1.
The Office inspects persons, facilities, and materials under the Comission's jurisdiction to assure that its regulatory requirements are in fact complied with.
2.
The Office investigates accidents, ir.cidents, allegations, and unusual circumstances involving materials ana facili-ties subject to the Commission's jurisdiction in order to ascertain facts and to take or recomend appropriate actions.
2161 108
9 The Honorable Walter F. Mondale 2
3.
The Office evaluates activities licensed by the Commission so that it may formulate recommendations for appropriate actions and keep the Commiss ion and the public informed.
4.
The Office initiates actions to enforce Commission regulatory requirements.
These functions make the Office of Inspection and Enforcement the largest office in the Commission.
They illustrate the importance of this Office to the Commission's ability to carry out its statutory mandate to protect the public health, safety, and security, to protect the environment, and to safeguard nuclear materials and facilities.
The Commission believes that the Office of Inspection and Enforcement should be actnrded the statutory recognition that Congress has accorded three other important Commission offices in the Energy Reorganization Act of 1974.
We urge early and favorable consideration of this proposed legislation by the Congress.
Sincerely, T
r ph M. Hendrie
Enclosures:
1.
Draft bill 2.
Statement of need 2161 109 O
A BILL D
j To amer.d the Energy Reorganization Act of 1974, as amended, to provide for statutory creation of the Office of Inspec-tion and Enforcement of the Nuclear Regulatory Commission.
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Be it enacted by the Senate and the House of Representa-
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.tives of the United States of America in Congress assembled,
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t' hat the Energy. Reorganization Act of 1974, as amended, is herety amended by adding a new section 205a to read as follow::
"0FFICE OF INSPECTION AND ENFORCEMENT "Sec. 205a.
(a)
There is hereby established in the Ccemission an Office of Inspection and Enforcement under the direction of a Director of Inspection and Enforcement, who shall be appointed by the Commissics, who may report directly to the Ccmmission as provided in section 209, and who shall serve at~the pleasure of and be removable by the Commission.
"(b)
Subj ect to the provisions of this Act the Director of Inspection and Enforcement.shall perform such functions as the Commission shall delegate including:
"(1)
Principa1' inspection, investigation, and I
enforcement involving all faci ities and materials
~1icensed or otherwise regulated by the Commission as may be necessary to assure compliance with the 2161 110
2 Atomic Energy Act of 1954, as amended, or this Act, or any rules, regulations or orders issued by the Commission, or the terms of any license issued by the Ccmmission; and (2)
Recommending research necessary for the dischtrge of Commission functions.
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"(c)
Nothing in this section shall be construed to limit
'in any way the inspection and enfercement functions of the Department of Energy relating to all activities within the j urisdiction of th'e Department of Energy pursuant to this A0t."
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o o fu THE NEED FOR STATUTORY RECO3M1 TION OF THE NUCLEAft REGULATORY COMMISSION'S OFFICE OF INSPECTION 7';D ENFORCEMENT The Energy Reorganization Act of 1974, as amended, established the Nuclear Regulatory Commission and three of its majbr offices -- the Office of Nuclear Reactor Regulation
- (5 203), the Office of Nuclear Material Safety and Safeguards
($ 204), and the Office of ::uclear Regulatory Research s5 205).
'hheAct specifies in some detail the functions and duties of these three offices, and provides that their directors may report directly to the Commission whe:. they deem it nccessary to carry out their responsibilities.1/
The Commission's Office of Inspection and Enforcement is equal in importance to these statutory offices and exceeds all of them in size, but is not mentioned in the Energy Reorganization Act.
The purpose of the attached draft bill is to secure statutory
. recognition of this important office.
The' Office of Inspection and Enforcement is the Ccm-mission's primary means of assuring that activities licensed by the Commission actual 2y comply with the Commission's rules', regulations, orders, and license condition _ designed s
1/ 'The Act also provides for an Executive Director for Op e' ration s, to whom the directors of the other offices are ordinarily subordinate (
209).
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, to protect the health, safety, and security of the public, to protect the environment, and to safeguard nuclear materials and facilities.2/
The Office manages the Commission's five regional offices in or near Philadelphia, Atlanta, Chicago, Da.11as, and San Francisco, and it thus constitutes the Cocaission's maj or presence outside h'athington, D.C... at neactor sites, reactor contractors and vendors, fuel cycle facilities, radiographical laboratories, hospitals and other locations throughout the country, wherever NRC licensed -
radioactive materials tre used or transported.
The Office's most important duties may be categorized-as follows:
2/
The Office is not, of course, the Commission's,only means for dolng so.
For example, the Commission's Office of Inspection and Audit also conducts investigations and may be solely responsible for them.
The delegation in section
^05a(b)(1) of the Commission's "[p]rincinal inspection,
.nvestigaticn, and enforcement" functions indicates that ot'per Commission offices also may undertake these activi-ties and may'be solely responsible for them as the Com-r.ission directs.
The Department of Energy a.lso has inspection and enforce.
r.ent functions relating to activities within its juris-diction.
As section 205a(c) indicates, this amendment is not intended to disturb those functions.
The remainder
,of the Energy Reorganization Act refers to the Energy Research and Development Administration ("the Administra-tion") rather than the Department of Energy.
The Admin-istration's functions -ere transferred to the Department of Energy by section 301(a) of the Department of Energy.
Organization Act, 42 U.S.C. 7151(a), Pub.L. No. 95-91, 91' Stat. 565 2161 1i4 e
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3 1.
The Office inspects persons, facilities, and caterials under the Commission's jurisd10 tion to assure that its regulatory requirements are in fact complied with.
As part of this respon-sibility, it. identifies conditions which could adversely affect the publig health, safety, or security, the environment, or the safeguarding of nuclear materials and facilities, and informs the responsible licensing office of the Commis sion.
It also provides the licensing officet with information relevant to the issuance, amendment, or denial of licenses and facili-ties cpnstruction permits.
In addition, it determines whether licensees and supplier,s of nuclear safety-related equipment, components and services have implemented adequate quality assurance programs.
In carrying out these responsibilities, the Office has begun a program of assigning resident inspectors to a number of nuclear power plants and major fuel cycle facilities, in order to improve inspection effectiveness.
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2.
The Office investigates accidents, incidents, allegations, and unusual circumstances involving materials and facilities subj ect,to the Commis-sion's jurisdiction in order to ascertain facts and to take or recommend appropriate action.
During fiscal 1978, 85 investigations were conducted by the Office of Inspection and Enfcrcement, and 37
.I the licensees involved were cited for failure to meet Commission requirements.
3 Che Office evaluates activities licensed by the Commission in order to develop recommended changes to the regulatory standards and license conditions governing these activities.
It evaluates notifications of and information concerning incidents and accidents to assure an adequate overall response, when one is neces-sary.
It also evaluates the results of inspec-tions, investigations, inquiries,- enforcement actions, and reports by licensees and others in order to determine the adequacy of licensee per-formance, to provide a basis for taking or recom -
nending actions, toverifytheeffectivenesso[
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D Of I i 5 the inspection, investigation, and enforcement programs, and to identify areas for consideration for change in the regulatory processes. As appropriate, the Office informs the Commission, other Commission offices, other government agencies, licensees, and the public. The Office also recommends changes to licenses and to Com-mission rules and regulations and recommends research necessary to the discharge of Commission functions. 4. The Office initiates actions-to enforce Commis-sion regulatory requirements. The Commission's enforcement actions include written notices of violation, civil monetary penalties, cease and desist orders, and orders to modify, suspend or revoke licenses. The latter'may entail proceed-ir.gs before an Atomic Safety and Licensing Board or an administrative law judge if less formal methods prove unsuccessful. In this connection, the Commission has recently requested Congress to increase the dollar limits on its statutory authority to impose civil monetary penalties. 2161 116 a
0 3 6 As these functions suggest, the Office of Inspection and Enforce ent requires a substantial staff. It is the largest cffice in the Commission, employing nearly a quarter of the Cc ission's employees -- slightly more than the. Of.fice of Nuclear Reactor Regulation and over two to four tires as many as the Office of Nuclear Material Safety and . - Saf eguards and the Office of Nuclear Regulatory Research, respectively. Eighty percent of the Office's employee's are assigned to the Co mission's five regional offices, which - ,the Cffice directs. In sur, these functions illustrate the importance of - the Office cf Inspection and Enforcement to the Co= mission's ability to carry. cut its statutory mandate to protect the public health, safety, and security, to protect the, environ-nent, and to safeguard nuclear materials and facilities. The Cctrission believes that this Office should be accorded the s7.atutcry recognition that Congress has accorded three c her imp ortant Co mission offices in the Energy Reorgani- ~ zation Act of 1974. 9 ~ 2161.117-e}}