ML20132B528

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Staff Requirements Memo Re SECY-96-222, Use of Open Enforcement Conferences & Elimination of Certain Provisions for Commission Consultation;Proposed Revs to Enforcement Policy to Address Risk Significant Violations..
ML20132B528
Person / Time
Issue date: 11/26/1996
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 NUDOCS 9612170275
Download: ML20132B528 (3)


Text

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OFFICE OF THE SE C R E T A R Y November 26, 1996 MEMORANDUM TO:

James M.

Taylor Executi Director for Operations C H*P)(-L FROM:

John,CT Hoyle,/ Secretary

SUBJECT:

STA F REQUIREMENTS - SECY-96-222 - USE OF OPEN ENFORCEMENT CONFERENCES Id4D ELIMINATION OF CERTAIN PROVISIONS FOR COMMISSION CONSULTATION; PROPOSED REVISIONS TO THE ENFORCEMENT POLICY TO ADDRESS RISK SIGNIFICANT VIOLATIONS AND CERTAIN NON-CITED VIOLATIONS The Commission has approved the proposed revisions to the Enforcement Policy and publication of the associated Federal Reaister notice with the changes indicated in the attachment.

The staff should prepare a follow on report to the Commission which details how it intends to relate risk considerations to the assessment of civil penalties.

The report should be prepared after about six months experience is gained in applying risk considerations to enforcament actions.

(EDO)

(SECY Suspense:

7/17/97)

The staff should ensure that press releases for open predecisional enforcement conferences continue to be carefully worded so as not to prejudge the outcome.

They should continue to include an explicit description of the nature of the conference as a predecisional opportunity for the licensee to present any additional material or information before the NRC arrives at a decision.

If public attendance creates gaps in

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communication and needed information, the staff should take the necessary additional steps to acquire the needed information.

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The Commission should receive a more detailed and earlier explanation of an enforcem;nt action than an EU provides if the 7,

action is likely to have implications for broader sanctions (i.e., where the staff contemplates significant additional f

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9612170275 961126 PDR 10CFR PT9.7 PDR

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e enforcement action in the near future) or involves issues that are of substantial public interest, for example, Maine Yankee, Millstone and NIH.

Attachment:

as stated cc:

Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC OCA OIG i

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Changes to the text of the Federal Register notice 1.

On page 3, in the last line inside the parentheses, change the "10" to a "3."

2.

On page 7,

in the first paragraph under Non-Cited Violations, in line 5, change " Example" to " Criterion" and enclose the "a" in 1.a in parentheses.

3.

On page 8, in the second paragraph, line 6, change " example" i

to " criterion."

4.

On page 9, in the third paragraph, line 2, change the Roman numeral III to a IV.

In line 6, insert parentheses around the "e" in VII.A.1.e.

5.

On page 17, insert the f o l l o*.. i n g a t the end of the first line:

"NRC's Predecisional Enforcement Conferences (whether open or closed) normally wil be held at the NRC's regional offices or in NRC Headquarters Offices and not in the z i c ini t,- of the licensee's facility '