ML20057A596
| ML20057A596 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1989 |
| From: | Jonathan Montgomery NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20055C202 | List:
|
| References | |
| 0558, 558, NUDOCS 9309150020 | |
| Download: ML20057A596 (3) | |
Text
_
FILE:
ENFORCEMENT s# K844 UNITED STATES
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ARLINGTON. TEXAS 7t1011 OCT-51989 Regional Office Policy Guide (0558) SIMILAR VIOLATIONS A.
Purpose:
To assign responsibilities and provide guidance for dealing with similar (repetitive) violations occurring at a licensed facility or in activities under the control of a single licensee. This policy guide is to ensure that the region' is properly administering the agency's enforcement policy in regard to similar violations.
B.
Discussion:
HRC Manual Chapter 0400, " Enforcement Program," defines similar violations as "those which reasonably could have been prevented by a licensee's implementation of corrective action for a previous violation occurring within the past two years."
Enforcement Guidance Memorandum (EGM) 89-09, issued by the Office of Enforcement on August 30, 1989, provides general guidance on dealing with similar violations. The NRC's Enforcement Policy, published as Appendix C to 10 CFR Part 2, calls for consideration of similar violations in the following circumstances:
1.
In detemining whether a civil penalty should be assessed for Severity Level IV violations - Section V.B. provides that NRC will normally consider civil penalties "only for similar Severity Level IV violations that occur after the date of the last inspection or within two years, whichever period is greater."
2.
In determining whether a Notice of Violation (NOV) will be waived for Severity Level IV and V violations that meet certain criteria -
Sections V.A. and V.G.I. do not permit waiving an NOV for violations that "could reasonably be expected to have been prevented by the licensee's corrective action for a previous violation."
3.
In determining the appropriate enforcement sanction - Section Y.D.
provides for an escalation of enforcement sanctions for similar Severity Level I, II, or III violations.
9309150020 930830 PDR STPRO ESGG j g ^j,
s O!I - 5 199o Regional Office Policy Guide 0558 4.
If the repetitive violations disclosed by a particular inspection were previously cited as part of an escalated enforcement action, this fact should be brought to the attention of the division director and should be a factor in determining the enforcement strategy.
5.
If, due to extenuating circumstances, a decision is made to deviate from the above guidance or from the general guidance in EGM 89-09, the reasons for this decision should be documented in a memorandum to files (if not documented in correspondence to the licensee), a copy of which should be provided to the regional enforcement officer.
The enforcement officer is responsible for maintaining copies of all such memoranda for two years.
)
D'.
Contact:
Questions on this policy guide should be addressed to the Regional Enforcement Officer, Ext. 222. For additional infomation, staff should refer to the Enforcement Policy, Appendix C to 10 CFR Part 2 (as revised October 13,1988), and EGM 89-09, dated August 30, 1989.
1 E.
Effective Date:
This policy guide is in effect until superseded.
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' A,.
John
.P Acting Regi na dm n strator Distribution List C Cc:
Jeff Sharkey, OEDO Staff Jim Lieberman, OE
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' Document Name:
JEG/NPR REGION IV Requestor's ID:
i THOMPSON i
Author's-Name:
GLENN, J.
Document Comments:
Inrc0506 thompson Cookie 8/28/90
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