ML19294B591
| ML19294B591 | |
| Person / Time | |
|---|---|
| Issue date: | 01/16/1980 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19294B552 | List: |
| References | |
| REF-10CFR9.7, TASK-CC, TASK-SE SECY-80-025, SECY-80-25, NUDOCS 8003050116 | |
| Download: ML19294B591 (9) | |
Text
.,
r UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 CONSENT CALENDAFI ITEM January 16, 1930 SECY-80-25 For:
The Commissioners Frcm:
Rcbert 3. Minogue, Direc'.cc, Of fice of Staccards Deveic:: ment Thru:
ExecutiveDirectorforOperationsp
Subject:
PROPG5ED AMENDMENT TO 10 CFR Part 19 TO ESTABLISH NRC 57AFF AUTHORITY TO CALL MEETINGS WITH LICENSEES Puroose:
To obtain Commission approval to publish the proposed amendment for public comment.
Category:
This paper covers a since policy question:
Discussion:
The I&E Manual of Procedures specifies that "At the conclusion of each inspection, an exit interview shall be conducted with the most senior licensee representative at the location of the inspection..." _The purpose of an exit interview following an inspection is for the NRC inspector and the licensee to discuss tentative findings of the inspec-tion; issues are sometimes resolved via this informal discussion.
There is no reference in the regulations or in any regulatory guide to the exit interview, and it is indicated as a requirement only in the IE Manual.
The exit interview is considered necessary for an orderly and complete inspection by the IE staff and is followed by formal letters to the licensees advising them of the final and official find-ings of the inspection to which they must respond.
Under Part 19, licensees have the option of choosing representatives, including their own employees and consultants, to accompany inspectors during inspections, which would include exit interviews.
The NRC, on the other hand, has no options (under the rule) concerning who should attend such interviews other than to request meetings with high-level licensee management.
In some cases, requests by the NRC for attendance of workers or representatives of workers have been denied by the licensee IE is convinced that allowing both the licensee and the NRC inspector to invite persons with legitimate interests to meetings during or af ter an inspection will increase the value of tne exit interview.
We are therefore proposing tne following addition to 10 CFR Part 19:
$ 19.14(h) At the request of the NRC inspector, an informal conference with a representative of licensee management shall be held at any time during an inspection to discuss tentative inspec-tion findings, complaints of individuals involved in the licensed
Contact:
A.K. Roecklein g0 03 05 0 443-5970
\\%
The Commissioners 2
activities concerning radiological working conditions, safety, safeguards and environmental impacts and resolution of matters pertaining to inspection findings.
The NRC inspector and the licensee shall each have the option of invit "~, as either deter-i mines appropriate, individuals with legitimat: interests in matters pertaining to the inspection.
(Action taken under this subparagraph shall not affect the option of confidantiality afforded any individual who provides information to the NRC, to the extent authorized by law.)
The amendment will have little or no manpower or dollar costs to the NRC, and insignificant, if any, manpower or dollar costs to licensees.
Recommendation:
That the Commission:
(1) Approve publication of the amendment for comment (Enclosure A).
(2) Note:
(a) That the amendment will be published in the FEDERAL REGISTER for a 45-day comment period (Enclosure A).
(b) That in accordance with 10 CFR 51.5(d)(3), neither an environ-mental impact statement nor a negative declaration need be prepared in connection with the rulemaking action because the environmental impact of the proposed rule will be nonsub-stantive and insignificant.
(c) That the Subcommittee on Energy and the Environment of the House Committee on Interior and Insular Affairs, the Subcom-mittee on Nuclear Regulation of the Senate Committee on Environment and Public Works, the Subcommittee on Energy and Power of the House Committee on Interstate and Foreign Com-merce, and the Subcommittee on Environment, Energy and Natural Resources of the House Committee on Government Operation will be notified by letter such as Enclosure B.
(d) A public announcement will not be issued; however, we will mail a copy of the FEDERAL REGISTER notice to all licensees and other interested parties.
Coordination:
The Offices of Inspection and Enforcement, Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, State Programs, Nuclear Regu-latory Research, Management and Program Analysis and the Division of Rules and Records concur in the recommendation of this paper.
The
The Commissioners 3
Executive Legal Director nas no legal objections.
The Office of Public Affairs has determined that a public announcement is not necessary.
,/0 'l (t>h.0 ^r/
, <u v c y
Robert B. Minogue, Director Office of Standards Development
Enclosures:
"A" - FEDERAL REGISTER Notice of Proposed Rulemaking "B" - Draft Committee Letter "C" - Value/ Impact Statement Comissioners' commets or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, January 31, 1980.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT January 24, 1980, 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 February 11, 1980.
Please refer to the appropriate Weekly Commission Schedule,when published, for a specific date and time.
DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations Regional Offices ACRS ASLBP ASLAP Secretariat
[7590-01]
NUCLEAR REGULATORY COMMISSION
[10 CFR Part 19]
NOTICE OF PROPOSED RULEMAKING INFORMAL CONFERENCE DURING INSPECTION AGENCY:
U.S. Nuclear Regulatory Commission ACTION:
Proposed Rule
SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing an amendment to its regulations which is intended to facilitate the exchange of infor-mation during and after inspections of licensed facilities and to expedite the resolution of inspection findings.
The amendment under consideration would establith a procedure for holding informal conferences at any time during or after an inspection to which both the NRC inspector and licensee could invite, as either determines appropriate, individuals with legitimate interests in matters pertaining to the inspection.
DATES:
Comments period expires
, 1979.*
ADDRESSES:
Interested persons are invited to submit written comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention:
Docketing and Service Branch.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert E. Alexander, Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 (Phone 301-443-5975).
- A date will be inserted allowing 45 days for public comment.
1 Enclosure "A"
[7590-01]
SUPPLEMENTARY INFORMATION:
Paragraph 19.14(a) of 10 CFR 19 states that "each licensee shall afford to the Commission at all reasonable times opportunity to inspect materials, activities, facilities, premises, and records pursuant to the regulations in this chapter." Procedures estab-lisned by the Office of Inspection and Enforcement of the NRC include entrance and exit meetings with licensee representatives for the purpose of discussing matters pertaining to inspections.
These meetings are necessary for an orderly and complete inspection process, and are used by the NRC inspectors to clarify inspection objectives and procedures and discuss inspection findings, including the resolution of apparent items of noncompliance with regulatory requirements.
The intent of this proposed rulemaking is twofold:
first, to codify in the regulations the current practice of holding meetings with licensee representatives during NRC inspections and second, to allow NRC inspectors to invite to these meetings individuals with specific and legitimate interest in the inspection.
Under Part 19, licensees have the prerogative of choosing representatives, including their own employees and consultants, to attend inspection meetings with the NRC inspectors.
The NRC, on the other band, has essentially no option (under the rule) concerning who should attesd such meetings.
The proposed rule change would give NRC the prerogat~.ve of having present individuals that have a specific and legitimate interest in attending the meeting; for example, a.
A representative of the workers who has submitted a request for inspection under Section 19.16 of the regulations; or b.
A worker who has an expressed interest in the inspection which has been brought to the attention of the NRC according to 66 19.15 or 19.16 of the regulations.
2 Enclosure "A"
[7590-01]
It should be clear that it is not the intent to reouire the attend-ance of any individuals at these informal meetings, nor is it intended to open these meetings to the general public.
Full disclosure of the offi-cial inspection findings and the licensee's position is expressed in enforcement correspondence, which becomes a matter of public record.
The proposed rule, however, will provide an additional degree of openness to inspections in keeping with the NRC policy of conducting its business subject to public scrutiny.
It is common practice for licensee management to discuss corrective actions for regulatory violations during inspection meetings.
These might include proposed correction of the management control procedures which permitted a violation to occur.
In the case of significant health and safety deficiencies, NRC inspectors expect the licensee to make a commit-ment to expediting corrective actions in the interest of health and safety without waiting for an enforcement letter.
Licensees might be reluctant to discuss such matters in the presence of worker representatives.
In addition, information concerning proprietary matters might be relavant to discussions of inspection findings, and licensees would not choose to discuss these matters in an open meeting.
These problems should be obviated by the fact that the NRC insn etor and the licensee would have the prerogative of inviting only persons with legitimate, specific interests.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorgani-zation Act of 1974, as amended, and section 553 of title 5 of the United States Code, notice is hereby given that the adoption of the following amendment to 10 CFR Part 19 is contemplated:
3 Enclosure "A"
[7590-01]
$ 19.14(h) At the request of the NRC inspector, an informal conference with a representative of licensee management shall be held at any time during an inspection to discuss tentative inspection findings, complaints of individuals involved in the licensed activities concerning radiological working conditions, safety, safeguards and environmental impacts and resolution of matters pertaining to inspection findings.
The NRC inspector and the licensee shall each have the option of inviting, as either deter-mines appropriate, individuals with legitimate interests in matters pertaining to the inspection.
(Action taken under this subparagraph shall not affect the option of confidentiality afforded any individual who provides information to the NRC, to the extent authorized by law.)
(Secs. 81, 161, Pub. Law 83-703, 68 Stat. 93o, 948 (42 U.S.C. 2111, 2201); Sec. 201, Pub. Law 93-438, 88 Stat. 1242 (42 U.S.C. 5841))
Dated at this day of 198_.
For the Nuclear Regulatory Commission.
Samuel J. Chilk Secretary of the Commission 4
Enclosure "A"
ORAFT CONGRESSIONAL COMMITTEE LETTER Enclosed for your information are copies of a Notice of Proposed Rulemaking to be published in the FEDERAL REGISTER.
The proposed amendment to Title 10, Code of Federal Regulations, Part 19,
" Notices, Instructions and Reports to Workers; Inspections," would add para-graph 19.14(h) which would establish an optional procedure for holding informal conferences at any time during an inspection to which both the NRC inspector and the licensee could invite, as either determines appropriate, individuals with legitimate interests in matters pertaining to the inspection.
The proposed rulemaking responds to a request from several unions interested in being involved in inspections related to radiological conditions in the work-ing environments.
In addition, the Office of Inspection and Enforcement of the NRC feels that having the option to invite individual complainants and in some cases expert consultants to meetings with licensee representatives would increase the effectiveness of inspection conferences.
,he IE staff feels these informal conferences have considerable value in terms of clarifying inspection objectives and procedures, and discussing inspection findings including the resolution of possible items of noncompliance with regulatory requirements.
The Notice of Proposed Rulemaking is being transmitted to the Office of the Federal Register, and 45 days for public comment will be allowed after publica-tion in the FEDERAL REGISTER.
1 Enclosure "B"
In view of the routine nature of the proposed amendment, a public announcement is not warranted.
Sincerely, Robert B. Minogue, Director Office of Standards Development
Enclosures:
As stated 2
Enclosure "B"