ML20125E270
| ML20125E270 | |
| Person / Time | |
|---|---|
| Issue date: | 11/12/1992 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9212160277 | |
| Download: ML20125E270 (3) | |
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RELEASED TO THE PDRl
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NUCLEAR REGULATORY COMMISSION l
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crrict or THE November 12, 1992 SECRETARY r
MEMORANDUM FOR:
James M. Taylor e
Executive Director for b
erations s
FROM:
Samuel J.
Chilk, Secre SECY-92-346-ADDITIONAIIMODIFICATIONSTOA
SUBJECT:
CHANGE TO THE GENERAL $TATEMENT OF POLICY AND PROCEDURE FOR NRC ENFORCEMENT ACTIONS, 10 CFR PART 2, APPENDIX C The Commission (with all Comlaissioners agreeing) has approved the proposed Federal Reaister notice for publication with the changes indicated in the attachment.
(EDO)
(SECY Suspense:
12/18/92)
Attachment:
As stated cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC OIG Office Directors, Regions (via E-Mail)
OP, SDBU/CR, ASLBP (via FAX) 5ECY NOTE:
THIS SRM, SECY-92-346, AND THE VOTE SHEETS OF THE CHAIRMAN, AND COMMISSIONERS ROGERS, CURTISS AND de PLANQUE WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM q
9212160277 921112 PDR 10CFR j
PT9.7 PDR
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making a decision on whether or not to exercise enforcement discretion.
The appropriate Regional Administrator, or his designee, may exercise discretion where the noncompliance is temporary and nonrecurring such that an amendment is not practical.
The Director, Office of Nuclear Reactor Regulation, or his designes, may exercise discretion if the expected noncompliance will occur during the brief period of time it requires the NRC staff to process an emergency or exigent 13 cense amendment under the provisions of 10 CFR 50.91(a)(5) or (6).
The person exercising enforcement discretion will document the decision.
For an operating plant, this exercise of enforcement discretion is intended to minimize the potential safety l
consequences of unnecessary plant transients with the I
accompanying operational risks and impacts or to eliminate testing, inspection, or system realignment which is inappropriate for the particular plant conditions.
For plants in a shutdown condition, exercising enforcement discretion is intended to reduce shutdown risk by again, avoiding testing; inspection or j
system realignment which is inappropriate for the particular plant conditions, in that, it does not-9
cc ag n fact, be detrimenta! 4e safeh in i
+k p+1catac p\\ ant concukon,
provide a safety benefit 4 Exercising enforcement discretion for plants attempting to startup is less likely than exercising it for an operating plant, as simply delaying startup does not usually leave the plant in a condition in which it could experience undssirable transients.
In such cases, the commission would expect that discretion would be exercised with respect to equipment or systems only when it has at least concluded that, notwithstanding the conditions of the license; (1) the equipment or system does not perform a safety function in the mode in which operation is to occur; (2) the safety-function performed by the equipment or system is of only marginal safety benefit, provided remaining in the current mode increases the likelihood of an unnecessary plant transient; or (3) the TS or other license condition requires a test, inspection or system realignment that is inappropriate for the particular plant conditions, in that it does not provide a safety benefit) or Maj j In ktt bt. d&N WtnYAk b 6Ak j
in 06 particalar ykanY CcWAih'on.
The decision to exercise enforcement discretion does f
not change the fact that a violation will occur nor does it imply that enforcement discretion is being exercised for any violation that may have led to the violation at issue.
In each case where the NRC staff 10
.