ML20011E905
| ML20011E905 | |
| Person / Time | |
|---|---|
| Issue date: | 04/04/1989 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Davis A, Ebneter S, Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20011E902 | List: |
| References | |
| FOIA-90-34 NUDOCS 9002230015 | |
| Download: ML20011E905 (2) | |
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UNITED STATES
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NUCLEAR RESULATORY COMMISSION s --
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EGM 89 04 i
MEMORANDUM FOR:
William T. Russell, Regional Administrator, Region I Stewart D. Ebneter, Regional Administrator, Region II A. Bert Davis, Regional Administrator, Region III
. Robert D. Martin, Regional Administrator, Region IV John B. Martin, Regional Administrator, Region V FROM:'
James Lieberman, Director Office of Enforcement
SUBJECT:
NON-CITEDVIOLATIONS(NCV) l
Purpose:
-This EGM provides guidance for documentation and tracking of NCVs referenced in Sections V.A and V.G.1 of the revised-Enforcement Policy (October, 1988).
Background:
The Enforcement Policy provides the Staff with the flexibility and discretion not to issue a Notice of Violation (NOV) for (1) inspection findings which involve an isolated Severity Level V violation; regardless of who identified it, and (2) licensee; identified Severity Level IVs that meet certain criteria.
Guidance:
1.
Licensee identified Severity Level IV and V violations l
referenccd in an inspection report or official field note (NMSS), should be identified with the prefix 'NCV',
followed by a tracking. number consistent with other cited violations and~ unresolved items.
The. inspection report 1
-should state "...the violation is not being cited because the criteria specified in Section V.G. of the Enforcement Policy were satisfied." for Severity Level IV or V violations identified by'the licensee.
In those cases where the NRC identifies a Severity Level V violation that is not. cited, the inspection report should state "...the violation is not being cited because the criteria specified in Section V.A of the Enforcement Policy were satisfied."
In all cases, the licensee's corrective action should be discussed.
2.
For the purpose of closing out findings of NCVs pursuant to Manual Chapter 0610.0704 a further closeout is not required since the corrective actions have-been previously considered in the inspection report discussing the NCV.
3.
For the purpose of considering recurrence of NCVs, they may be removed from your tracking systems two years after the inspection report is issued.
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Regional-Administrators '
y 4.
NCVs may be referenced in-the cover letter to the-inspection L
report at the Regions option, j
o 5.
NCVs. should be identified in the. Inspection reports' summary.
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of findings. in the same manner as cited violations and L
unresolved items.
For example..."The following non-cited violations (NCV) were identified and reviewed during this inspection period...."
f 6.
NCys should be documented in the current 766 system.
The 766 Severity Level field has been modified to accept 'N' for NCVs.
7.
When the 766 is replaced, the new system will continue to track NCVs.
As with other violations, it is the Regions responsibility to. maintain the.
766 data current, identify emerging trends, and factor relevant NCY data in considering recurring issues when initiating and processing escalated enforce-ment actions.
The above procedures have been coordinated with NRR and they intend to include them in~the next update to MC 0610.
If you have any questions, please contact WilliamTroskoski(X23281)orme.
I Original 510ned By James Ueberman James Lieberman, Director Office of Enforcement
-. cc :
L.-Chandler, OGC J. Partlow, NRR' F. Hebdon, NRR-DISTRIBUTION:.
JLieberman Enforcement Coordinators Enforcement Staff Day File-DE 89-25 of immpq&ipf
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