ML19294B595
| ML19294B595 | |
| Person / Time | |
|---|---|
| Issue date: | 02/20/1980 |
| From: | NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19294B552 | List: |
| References | |
| REF-10CFR9.7 SECY-80-025, SECY-80-25, NUDOCS 8003050123 | |
| Download: ML19294B595 (7) | |
Text
PRELIMINARY VALUE/ IMPACT ASSESSMENT FOR PROPOSED RULEMAKING INFORMAL CONFERENCE DURING INSPECTION 1.
The Proposed Action A.
Description The Office of Inspection and Enforcement has requested the Office of Standards Development to prepare a new regulation which would authorize NRC inspection staff to schedule meetings with licensee representatives during inspections.
In addition the regulation would permit the NRC and the licensee to have present at these meetings consultants and other parties with legitimate interests in the licensed activities.
The following addition to 10 CFR Part 19 is proposed:
919.14(h) At the request of the NRC inspector an informal con-ference 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 conditions and resolution of matters pertaining to inspection findings.
The NRC inspector and the licensee shr.ll each have the option of inviting, as either determines 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.)
80 03 05 gnclosure "C"
1 g
B.
Need for the Proposed Action 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-lished 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 include in the regulations a reference to the current practice of holding meetings with licensee representatives during NRC inspections and second, to allow NRC inspectors to invite individuals with specific and legitimate interest in the inspection.
Under Part 19, licensees and workers have the prerogative of choosing representatives, includ-ing their own employees and consultants, to attend inspection meet-ings with the NRC inspectors.
The NRC, on the other hand, has essentially no option (under the rule) concerning who should attend such meetings.
The proposed rule change for example would give NRC the prerogative of having present individuals who have specific and legitimate interest in attending the meeting; for example, 2
Enclosure "C"
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 NRC according to @@ 19.15 or 19.l_6 of the regulations.
It should be clear that it is not the ir. tent to require the attendance of any individuals at these informal meetings nor is it intended to open these meetings to the general public.
Full disclosure of the official 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 open-ness to inspections in keeping with the NRC policy of ccnducting 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 proce-dures which permitted a violation to occur.
In the case of signifi-cant health and safety deficiencies, NRC inspectors expect the licensee to make a commitment 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 con-cerning proprietary matters might be relevant to discussions of inspection findings, and licensees would not choose to discuss these 3
Enclosure "C"
matters in an open meeting.
These problems should be obviated by the fact that the NRC inspector and the licensee have the preroga-tive of inviting only persons with legitimate specific interests.
Office of Inspection and Enforcement personnel have indicated that on several occasions licensees have rejected requests for the attend-ance of workers or represenuative of workers with legitimate inter-ests. These incidents have resulted in greater difficulty in resolving health and safety considerations.
C.
Value/Imoact of the Proposed Action 1.
NRC The proposed new regulation would authorize NRC inspectors to schedule meetings with licensee representatives to discuss and resolve inspection findings of immediate health and safety implications.
NRC and licensee consultants could be present to provide specialized expertise in resolving inspection matters.
Workers with legitimate concerns about radiological working condi-tions could participate in the resolution of these concerns.
In general this regulatory authority would enhance the effective-ness of the IE field inspection staff, and the staff believes health and safety requirements could be better enforced.
2.
Other Government Agencies Not applicable unless the government agency is a licensee.
4 Enclosure "C"
9 3.
Industry Impact on industry in the opinion of the staff would be minimal.
It is expected that the IE staff would exercise reasonableness in the frequency of meetings scheduled and that the large major-ity of inspections would entail only the current practice of entry and exit interviews.
Discussion of proprietary matters or sensitive labor-management issues would need to be controlled jointly by NRC and licensee staff.
Values to industry might include less costly resolution of inspection findings and a better informed work force.
4.
Workers To the extent that IE functions are improved then certainly worker health and safety interests are better protected.
Workers directly involved with inspection matters would have an oppor-tunity to participate in their resolution.
5.
Public No impact on the public can be seen.
D.
Decision on the Proposed Action The Commission should issue for comment the proposed rule establish-ing IE authorization to schedule meetings with licensee representa-tives during inspection.
5 Enclosure "C"
II.
Technical Appracch This cection is not applicable to this value/ impact statement since no technical matters are addressed in the proposed action.
III. Procedural Acoroach There are some alternatives to the proposed action which should be identified.
A.
No Action Do not change the regulations, thereby leaving the inspection exit interview as a courtesy to the licensee.
The impact of taking no action would be that a licensee could decline to meet with an inspec-tor thus delaying possible resolution of inspection findings.
Also no action would continue the present situation wherein only the licensee and worker group are authorized to have designated repre-sentatives present during inspections (see S 19.14(b), (c) and (f)).
B.
Change 10 CFR Part 19.14 SS 19.14 (b), (c) and (f) could be changed to establish the preroga-tive of NRC to have present during inspection meeting those persotis designated by NRC as advising and assisting the inspection staff.
This change would not establish mandatory inspection meetings but would have the value to NRC of allowing their advisors present during inspection meetings which do occur.
6 Enclosure "C"
IV.
Statutory Considerations A.
NRC Regulatory Authority Section 19.14 (a) of 10 CFR Part 19 establishes a legal requirement that each licensee shall afford to the Commission at all reasonable times opportunity to inspect materials, activities, facilities, premises and records pursant to the regulations.
The NRC is author-ized to provide criteria for acceptable access and procedures for conducting inspections.
B.
Need for NEPA Statement The action proposed here is not considered to constitute a major addi-tion or change and would entail no effect on the environment.
The staff does not believe that an environmental impact statement is necessary.
V.
Relationship to Other Existing or Proposed Regulations or Policies No conflicts or overlaps with requirements promulgated by other agencies are foreseen.
Section 19.17 (a) makes reference to an informal conference for precedent.
VI.
Summary and Conclusions The proposed regulation on scheduling meetings during inspections and authorizing NRC to have appropriate individuals present should be issued for comment.
7 Enclosure "C"