ML20011B134

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Suggests Mod to Page 4,Encl a of SECY-80-25 Re Proposed Amend to 10CFR19 to Establish NRC Staff Authority to Call Meeting W/Licensees
ML20011B134
Person / Time
Issue date: 01/25/1980
From: Hanrahan E
NRC
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20011B132 List:
References
FOIA-81-303 NUDOCS 8112040176
Download: ML20011B134 (3)


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SECRETARIAT RECORD CO?

January 25, 1980 MEMORANDUM FOR: Samuel J. Chilk Secretary FROM:

Edward J. Hanrahan

SUBJECT:

SECY-80-25 -- PROP 0 ED AMENDMENT TO 10 CFR PART 19 ESTABLISH HRC STAFF AUTHORITY TO CALL MEETINGS WITH LICENSEES (CONSENT CALENDAR ITEM)

The staff might wish to make the following suggested modification:

Page 4 of Enclosure "A".

Change the second sentence of proposed 19.14 (h) to -

"The NRC inspector and the licensee shall each have the option of inviting, as either determines appropriate, in-dividuals with legitimate, specific interests in matters pertaining to the inspection."

Coment: This simpie but substantive change would make the proposed amendment consistent with the staff's discussion in the Supplementary Information section of the Federal Register notice and in the preliminary value/ impact assessment.

That discussion continually maintains that meeting attendance should be limited to " individuals with specific and legitimate interest in the inspection."

cc: Leonard Bickwit Jesse Funches John Austin John Guibert George Eysymontt Herb Fontecilla Hugh Thompson Lee V. Gossick Robert Minogue Victor Stello 8112040176 810902l PDR FOIA COTTINQ81-303 PDR I

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Contact:

V Cookie Ong, OPE 63-41427 4

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SECY-80 proposed Amendment to 10 CFR Part 19 to Establish NRC Staff Autnority to Call Meetings with Licensees (CONSENT CALENOAR ITEM)

The Commission, by a vote of 3-0*:

1.

Approved the publication of the proposed rule in the Federal Register for a 45 day public comment period, subject to the following modifications:

a.

In place of the top paragraph of page 3, insert the following:

"The proposed rulemaking responds to a request from several unions interested in being involved in inspections related to radiological conditions in the work environment.

In addition, the NRC Office of Inspection and Enforcement believes that having the option to invite interested individuals and, in some cases, expert consultants to meetings with licensee representatives would increase the effectiveness of inspection conferences.

These informal conferences have considerable value in terms of clarifying inspection objections and procedures, and discussing inspection findings including the resolution of possible items of non-compliance with regulatory requirements.

Office of Inspection and Enforcement personnel have indicated that on several occasions licensees have rejected requests for the attendance of workers or representatives of workers with legitimate interests.

These incidents have resulted in greater difficulty in resolving health and safety considerations.

"Under the proposed rule, it should be clear that it is not the intent to require the attendance of interestee' persons and/or expert consultants.

The licensees, however, could not refuse permission to their employees, or contractors, or consultants to attend, and would be obligated to send a management representative to the informal conference if requested by NRC.

Likewise the proposed rule is not intended to open inspection conferences to the general public; inspection i

findings and the licensee's position expressed in correspondence become matters of public record under existing practice. The proposed rule would simply facilitate resolution of matters in the inspection conference."

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  • Although not in attendance, Commissioners Hendrie and Bradford had previously indicated their approval of 'this item.

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b.

The following paragraph should be added before the final paragraph on page 3 of the Supplementary Information:

"The Commission also believes that this practice should not be limited to holders of operating licenses under Part 50 but should include all Part 50 licensees indlucing construction permits and limited work authorizations.

Accordingly, the scope of Part 19 will be slightly modified."

c.

The following introduction and amendment to 519.2 should be inserted on page 4 of the Supplementary Information:

"1.

An amendment to fl9.2 by adding a sentence to the end thereof:

119.2 Scope... The pro isions in 519.14 v

shall also apply to the holders of construction permits and limited work authorizations for production and utilization facilities pursuant to Part 50 of this chapter.

"2.

A new subsection (h) to 519.14:"

d.

E19.14(h) on page 4 of the Supplementary Information is modified by adding "(including holders of construction permits and limited work authorizations)" after " licensee" in line 2 of the proposed subsection.

(SD)

(SECY Suspense:.3/12/80)

The Commission requested 2.

that appropriate bngressional committees be notified of this action by letter; (SD/0CA) (SECY Suspense: 2/28/80) 3.

that a copy of the Notice be mailed to all licensees, and other interested parties.

(SD) (SECY Suspense: 2/28/80) f s

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