ML20011B201
| ML20011B201 | |
| Person / Time | |
|---|---|
| Issue date: | 07/27/1972 |
| From: | Mccool W NRC |
| To: | |
| Shared Package | |
| ML20011B132 | List:
|
| References | |
| FOIA-81-303, TASK-CC, TASK-SE SECY-R-499, NUDOCS 8112040434 | |
| Download: ML20011B201 (10) | |
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July 27.1972_
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SECY-R a99 CONSENT CALENDAR ITEtn
_ PROPOSED AMENCMENT TO 10 CFR 20. PO
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CGARE5FGNGtNct AT LIC D 5EE5' FAciLIiiEs I
Note by the Secretary
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1 Director of Regulatory Operations be circulated as a CT has provided the following digest:
report by the onsent Calendar Iten and i
AEC regulations require that correspondence with li s.
concerning ins i
document room;pections and investigations be placed in the public censees readily accessible to employees at their place of emplo they may be aware of matters affecting their health yment so that b.
and safety.
proposed amendment to 10 CFR 20 to require that copy of any notice of violation, notices of proposed impositi es post a civil penalty, and orders issued pursuant to Subpart B of 10 and a copy of the licensee's response to such documents on of proposes puolishing a notice of the proposed amend This pape,r Register, allowing 60 days for public coment ment in the Federal 2.
Thursday. Aueust 3,197_2, and Comission affirm tithe Com are requested.
usiness.
a on at an early Policy Session W. 8. McCool O!57RIBUTION NO. 0FSecretary of the Comission COP!ES DISTRIBUTION NO. 0F h$a5r'N$chlesinger CCPIES kEIklhe!*CohSs!!#foILNL "!
Comissioner Ramey Comissioner Larson 2
E Dir.
of Reg. Standards Comissioner Doub 2
Otrac, tor of LicensingOtr., of Reg. Ope General Manacer 2
3 Deputy Gen. Agr.
1 10 Deputy Ofr.for Tech. ReviewDeputy Dir.for Exec 1
Gener. Asst. to Gen. Mgr.
1 1
al Counsel 2
Deput Dir.
Dir.for Fuels & Materials Controller 4
1 Workm.dff.of Operations Evaluation Information Services 1
1 en's Comp. Task Force 1
Inspection 2
Albuquerque Operations Off 1
1 Cong,ressional Relatiof Planning & Analysis Chicago Operations 3
2 Grand Junction Office 1
Asst. GM for Admin. ons 1
Idaho Coerations 1
Asst. GM f 1
Operationa$rE&S Nevada Operations 1
Safety 1
Cat Ridge 0 erations 2
Director of Regulation 2
Pittsburghbffice Deput 3
Asst.y 01r. of Regulation 1
Richland Operations 1
01r. of Regulation 1
San Francisco coerations 1
Director Office of Admin.
1 Savannah River Operations 1
I 3
Schenectady Office 2
1 1
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i ATOMIC ENE2CT COMMISSION PROPOSED MENDMIN" TO 10 CM PART 20 POSTINO OF ENTORCEMENT CORRISPONDENCE AT LICENSZES' FACILITIES Raport to the Director of Regulation bv ene Director of Regulatorv 07erstions THE PROBLEM 1.
To consider publication for public comment of a proposed amendnent to 10 CTR Part 20 which would require each licensee to post copies of any notices of violation, notices of proposed imposition of civil penalty, and orders issued by the Commission pursuant to Subpart B of Part 2, and the licensee's responses to such documents in a conspicuous location at the licensee's facility which would permit all employees to observe such docu=ents.
BACKCR0t'ND AND SLNY 2.
AEC regulations provide that documents pertaining to license applications and enforcement correspondence concerning regulatory inspection or investigation findings be made available for examination by members of the public (10 CFR Part 2, I 2.790). These are placed in the AIC Public 3ccunan Room, located at 1717 E Street, N.W., Washington, D. C., and, voere they have been established, in local public document rocas.
3.
Our current policy requires that each licensee be notified in writing of the scope and findings of each inspection or investigation conducted at his facility, including any items of noncompliance with regulatory raquirements and other safety matters. Enforcement correspondence from the Ccamission (scr.
replies thereto), is available in the public document rooms. It appears, however, that enforcement correspondence should be more readily accessible to employees so that they any be aware of matters affecting their health and safety. The proposed amendment to Part 20 in Appendix "A" would rcquire that such material be conspicuously posted at the place of employment.
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OFFICIAL USE ONLY OFFICM. USE ONU This requirement is consistent with recommendations of Mr. Anthony Z. Roisman',
attorney for the Environmental Defense Fund and the 011 Chemical and Atomic Workers Union, and with the provisions of the occupational Safety and Health Act of 1970 (which excludes from its coverage working conditions regulated by the AEC) upon which Mr. Roissan's recommendations are based.
That Act states, in Section 9(b), "Each citation issued... shall be prominently posted... at or near each place a violation referred to in the citation occurred." We plan, after the subject proposed rule becomes effective, to include information regarding this requirement in Form AEC-3.
" Notice to Employees," which is currently required to be conspicuously posted at each place of employment (10 CFR Part 20, i 20.206(c)). The rule would not require the posting of correspondence relating only to nuclear materials safeguards.
STAFF JUDGMENTS 4.
The Office of the General Counsel and the Directors of Regulatory Standards and of Licensing concur in the recotanendations of this paper. The Office of Congressional Relations concurs in the draft letter to the Joint Committee on Atomic Energy attached as Appendix "B."
The Office of Information Services prepared the draft public announcement attached as Appendix "C."
RECOMMENDATIONS 5.
The Director of Regulation recommends that the Atomic Energy Commissions a.
Approve publication in the Federal Register of a proposed amendment to 10 CFR Part 20 which veuld require each licensee to post copies of Commission enforcement orders, notices of violation or other correspondence from the Commission concerning investigation or inspection findings, and a copy of the licensee's response to such documents;
- Letter dated January 21, 1972, from Anthony Z. Roissan to Walter S. Cool
-of AEC Regulatory Standards. A copy of this letter is on file with the Secretary.
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b.
Note that the proposed amendment to 10 Cn 20 set out in d
Appendix A will be published in the Federal Register, allowing 60 days for public comment; c.
Note that, if af ter expiration of the coinnent period no adverse comments or significant questions have been received and no substantial changes in the rules are indicated, the Director of Regulation will arrange for publication of the amendments in final form. If adverse comes or significant questions have been received or if substantial changes in the text of the rule are indicated. the amendments will be submitted to the Caumnission for approval; d.
Note that the Joint Committee on Atomic Energy will be informed of this action by letter such as Appendix "5;"
e.
Note that a public announcement such as Appendix "C" will be issued upon filing of the notice of proposed rule making with the Office of the Pederal Register; f.
Note that an environmental statement need not be prepared in connection with this rule making action since the proposed mendment of Part 20 will not significantly affect the quality of the human environment.
f.IST OF EFCLOSURES Appendix Page No.
"A" Notice of Proposed Rule Making 5
"B" Draft Letter to the Joint committee on Atomic Energy 8
"C" Draft Public Announcement 9
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APPENDTI "A" ATOMIC ENERCY CClef1SSION (10 CFR Part 20)
STANDARDS FOR PROTICTION AGAINST RADIATICN Poeting of Enforcement Correspondence at Licensees' Facilities The Atomic Energy Cossaission is considering an amendment to its regulation 10 CFR Part 20, " Standards for Protection Against Radiation," which would require licensees to post in a conspicuous place copies of all notices of violation, notices of proposed imposition of civil penalty, and orders issued pursuant to Subpart 3 of 10 C71 Part 2, and the licensee's written response thereto, so that the information therein may be readily accessible to all employees. AEC regulations (10 CFR I 2.790) presently provide for documents pertaining to licenses, including enforcement correspondence resulting from AEC inspections or investigations, to be made available for public inspection and copying in the AEC Public Document Room, located at 1717 H Street, N.W.,
Washington, D. C.
Similar information is also on file at loed public document rocas which are established by the CoWasion in the vicinity of reactors and certain other facilities. It appears that enforcement correspondence relating to the results of AEC inspections or investigations at licensed facilities should be more readily accessible to employees of licensees at their place of employment so that employees may be aware of matters affecting their health,
and safety. The proposed amendment to i 20.206 of 10 CFR Part 20 set forth below would require a licensee to poet notices of violation and other enforcenent correspondence received from the Commission and the licensee's responses thereto.
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Appendix "A"
Pursuant to the Atomic Energy Act of 1954, as amended, and Section $53 of Title 5 of the United States Code, notice is hereby given that adoption of the following amendment to 10 CFR Part 20 is contemplated. All interested persons who desire to submit written comments or suggestions for consideration in connection with the proposed amendment should send them to the Secretary of the Commission, United States Atomic Energy Cossaission, Washington, D.
C.,
20545; Attention: Chief Public Proceedings Branch, within sixty (60) days after publication of this notice in the FIDERAL REGISTER. Comments received after that period vill be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments filed within the period specified. Copies of comts on the proposed rule may be eranined at the Commeission's Public Document Room,1717 H Street, N.W., Washington, D. C.
1.
A new paragraph (d) is added to E 20.206 of 10 CTR Part 20 to reas as follows:
I 20.206 Instruction of personnel; posting of notices to employees.
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(d) Except for documents or parts thereof relating to nuclear materials safeguards, each licensee shall post within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after receipt, unless other-vise authorized by the Comeission, a copy of any notice of violation, notice of proposed imposition of civil penalty, and order issued pursuant to Subpart 3 of Part 2 of this chapter, and shall post, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after dispatch, a copy of his response to such document (s), Such documents shall be conspicuously posted in a sufficient number of places in the licensee's establishment where employees are employed in activities licensed by the Commission to
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Appendix "A" i
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purait empicyces working in or frequenting cny portion of the establishment
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to ubmeryw a copy on the way to or f rom their place of employment. Such documents shall remain posted until 10 working days af ter the licensee's response is dispatched. If no response frem the licensee is required, such documents f rom the Couaissien shall remain posted for 10 working days. The licensee shall assure that such documents are not covered by other asterials, and are not def aced or altered during the period when posting is required.
(Sec.161. 68 Stat. 948; 42 U.S.C. 2201)
Dated at this day of 1972.
For the Atomic Energy Coensission W. B. McCool Secretary of the Commission i
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AppemH x "A" I
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APP!NDIX "3" DRAFT I.EN TO DIE JOINT COMTI* TEE ON ATOMIC INERCY 1.
Enclosed for the information of the Joint Committee on Atomic Energy is a copy of a notice of a proposed amendment to 10 CFR Part 20 of the Commission's regulations.
2.
The proposed amendment to 10 CTR Part 20 would require each Licensee to post a copy of all enforcement correspondence from the Comission and a copy of the licensee's response to such correspondence in a place that would permit employ'ees to observe such documents.
3.
Since public document rooms in which files of correspondence concerning AEC regulatory inspection or investigation findings are maintained may not, as a practical matter, be accessible to employees of some licensees, the Coanission considers that such information should be made readily available to employees at facilities where licensed materials are used.
4 The notice of proposed rule making is being filed with the Office of the Federal Register and will allow 60 days for public comment af ter publication in the Federal Register.
5.
Enclosed also is a copy of a public announcement to be released by the Commission on this matter in the next few days.
8-Appendix "B" OFFICIAL USE ONLY
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,,1c,,o,g m y APPENDTI "C" DRAFT PURLIC ANNOUNCE M AEC Proposes Regulation Change to Provide Ready Access to Information by Employees of Licensed Facilicias The Atomic Energy Commission has under consideration a proposed amendment to its regulation which would make enforcement correspondence with licenses concerning AEC regulatory inspections and investigations of their facilities readily accessible to employees.
A proposed amendment to Part 20 of AEC regulations would require each licensee to poet conspicuously copies of all enforcement correspondence from the AEC and the licensee's responses to such documents in a location the licensed facility which would permit all employees to observe them.
at AEC regulations now provide that documents pertaining to licenses including enforcement correspondence resulting from AEC regulatory inspections or investigations will be made available in the AIC Public Document Room located at 1717 H Street. N.W., Washington, D. C.
In addition, where public document rooms have been established in the vicinity of a licensed facility, copies of this correspondence are available for inspection there. It is now Commission practice to establish local public document rooms in connection vith the licensing of all nuclear power plants and nuclear fuel reprocessing plants.
9 Appendix "C" OFFICIAL USE ONLY
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,,,,,,,yg, m y Tt.e Commission bulieves that enforcement correspondence concerning.VC regulatory inspections and investigations should be more re.adily.iccessible to employees at their place of employment so that they may be aware of matters affecting their health and safety.
The proposed amendment' to Part 20 vill be published in the Federal Rettster on
, allowing 60 days for public comment. Interested persons shopld submit comments to the Secretary of the Commission, UJ S. Atomic Energy Commission, Wash 4ngton, D. C. 20545, Attention: Chief, Public Proceedings Branch.
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Appendix "C"
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