ML20011D269
| ML20011D269 | |
| Person / Time | |
|---|---|
| Issue date: | 12/22/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20011D270 | List: |
| References | |
| REF-10CFR9.7, RULE-PR-2-MISC, RULE-PR-50-MISC M891205, NUDOCS 8912260098 | |
| Download: ML20011D269 (2) | |
Text
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UNITED STATES IN RESPONSE, PLEASE d
P' NUCLEAR REGULATORY COMMISSION REFER TO:
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f W ASHINGTON. D.C. 20555
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December 22, 1989 OFFICE OF THE SECRETARY l
MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
(
a"m el J. Chilk, Secretary
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 11:30 A.M.,
TUESDAY, DECEMBER 5, 1989, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-89-325 - Revised Policy Statement and Enforcement Criteria Related to the Maintenance of Nuclear Power Plants The Commission
- as noted below approved revisions to its policy statement on maintenance at nuclear power plants to emphasize the Commission's expectations and future plans in the maintenance area and to restate the Commission's views with respect to what constitutes an effective maintenance program.
The Commission
- also approved revisions to the policysand procedures for enforcement actions to add a civil penalty adjustment factor for violations involving maintenance deficiencies at nuclear power plants.
Revisions to the enforcement policy will only be applied for violations which occur 90 days or later after the date of publication in the Federal Register.
All Commissioners have approved the policy statement as attached on maintenance at nuclear power plants.
- Section 201 of-the' Energy Reorganization Act, 42 USC $5841, provides that action of the Commission shall be determined by a
" majority vote of the members present."
Commissioner Roberts
-was not present when this item was affirmed.
Accordingly the formal vote of the Commission was 4-0 in favor of the decision on the revised policy statement on maintenance of nuclear power plants and 3-1 in favor of the decision on the policy and procedures for enforcement actions.
Commissioner Robcrts, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior pfok vote.
..9912260098 691222 t
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a Chairman Carr, Commissioners Roberts, Rogers and Curtiss approved the revisions to the enforcement policy.
Commissioner Remick disapproved the enforcement portion of the maintenance policy due to reservations regarding the ability to conclusively determine that maintenance is a root cause of a regulatory violation.
He also believes that the special treatment of maintenance violations in this way could draw licensee's attention and resources from other operational areas which might have equal or even greater safety importance relative to maintenance.
(Subsequently on December 5, 1989, the Secretary signed the Federal Register Notices and forwarded them for publication.)
The staff is requested to inform the Commission on the public comments received related to the enforcement policy and provide recommendations, if appropriate, for any changes resulting from l
the public comments prior to application of the revised enforcement policy.
(EDO)
(SECY Suspense:
3/8/90)
The Commission requested a report on staff's experiences and industry's response to the Commission's maintenance policy statement and recommendations on the need for a final rule on maintenance and on whether the enforcement escalation factor should be continued.
(EDO)
(SECY Suspense:
6/8/91)
The Commission should be advised of those instances where the staff intends to take enforcement action in the maintenance area, based upon the revisions to the enforcement policy approved by the Commission.
At the time that the staff informs the Commission of such cases, the staff should explain the basis for the finding that maintenance was a root cause.
In taking an enforcement action with a maintenance related cause, the term programmatic failure should be interpreted to include a failure in a maintenance program or implementation of that program.
(EDO)
(SECY Suspense:
when required)
Attachment:
As stated cc:
Chairman Carr Commissioner Roberts Commissioner Rogers Commissioner Curtiss Commissioner Remick OGC GPA ACRS PDR - Advance DCS - P1-24