ML20043G181
| ML20043G181 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 06/07/1990 |
| From: | Bradham O SOUTH CAROLINA ELECTRIC & GAS CO. |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| FRN-55FR12374, FRN-56FR40664, RULE-PR-110, RULE-PR-150, RULE-PR-30, RULE-PR-40, RULE-PR-50, RULE-PR-60, RULE-PR-61, RULE-PR-70, RULE-PR-72 55FR12374-00005, 55FR12374-5, AD38-2-59, AD53-2-59, NUDOCS 9006200001 | |
| Download: ML20043G181 (2) | |
Text
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-Mr. Samuel J. Chilk Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Attention: Docketing and Service Branch
Subject:
Virgil C. Summer Nuclear Station Docket No. 50/395 Operating License No. NPF-12 Comments on Proposed Rules
Dear Mr. Chilk:
In Federal ReQister, 55FR 12370-12383, dated April 3, 1990, the Nuclear Regulatory Commission (NRC) distributed, for comment, two proposed rules which expand the NRC's authority regarding enforcement action against non-Licensees. Specifically, the rules are:
1.
Willful Misconduct By Unlicensed Persons:
This Proposed Rule revises NRC regulations to put unlicensed persons on notice that they may be subject to enforcement action for willfully causing a Licensee to violate any of the Commission's requirements or for other willful misconduct which places in question the NRC's reasonable assurance that licensed activities will be conducted in a manner that provides adequate protection to the public health and safety.
2.
Revisions to Procedures to Issue Orders:
This Proposed Rule revises the Commission's procedures for issuing orders to include persons not licensed by the Commission but who are otherwise subject to the Commission's jurisdiction.
This letter forwards the South Carolina Electric & Gas Company (SCE&G) comments on the proposed rules involving enforcement action against non-Licensees. SCE&G comments are as follows:
1.
The word " willful" must be defined in the Rule pertaining to willful misconduct. Although the Supplementary Information section discusses the definition, the Rule does not.
In order to avoid the inevitable situations resulting from differing interpretations of
~the word, " willful" must be defined in the Rule itself.
9006200001 900607 PDR PR 30 55FR12374 PDR Dsto
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f Mr. Samuei J. Chilk June 7, 1990 Page 2 of 2 2.
The proposed rule on willful misconduct states that, "The Commission emphasizes that, by taking action against these persons, it does not intend to diminish the responsibility of a Licensee for the conduct of its employees and therefore, as appropriate, the Commission also will be taking action against the Licensee directly." This constitutes double jeopardy.
Licensees are required to have programs to address employee emotional stability, and all Licensees have disciplinary action programs.
In certain circumstances, a willful act by an employee may be difficult, if not impossible, to prevent. To avoid such double jeopardy, the Licensee should either:
a.
have the sole authority to discipline employees who do not comply with policies established l
to ensure compliance with NRC regulations; OR, l
-b.
be absolved from enforcement action due to violations resulting from a willful act by an employee (as long as the Licensee has complied with the established programs).
3.
For some of the examples given, the willful misconduct appears to I
involve criminal misconduct as well. The NRC should not be involved other than to turn these matters over to the Justice l
Department.
i 4
A positive aspect of the revisicns is that the rules will subject to enforcement those non-Licensces who willfully provide false l
information to Licensees, who may, in turn, provide the same information to the Commission.
I South Carolina Electric & Gas Company appreciates tne opportunity to comment on the Proposed Rules.
Very truly yours,
- 0. S. Bradham l
EWR/OSB:lbs c:
- 0. W. Dixon, Jr./T. C. Nichols, Jr.
E. C. Roberts l
R. V. Tanner J. B. Knotts, Jr.
S. D. Ebneter H. G. Shealy J. J. Hayes, Jr.
R. R. Mahan l
General Managers E. W. Rumfelt C. A. Price NSRC l
R. B. Clary NPCF K. E. Nodland RTS (PR 900007 & PR 900008)
J. C. Snelson File (811.02)
NRC Resident Inspector 1