ML20133F609
| ML20133F609 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 12/31/1996 |
| From: | Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Woodward J GEORGIA POWER CO. |
| References | |
| NUDOCS 9701140283 | |
| Download: ML20133F609 (7) | |
Text
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December 31, 1996
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i Georgia Power.Com)any ATTN:
Mr. J. D.
Joodard Sr. Vice President. Plant Hatch Nuclear Operations P. 0. Box 1295 Birmingham, AL 35201
SUBJECT:
RECENT REVISION TO THE NRC ENFORCEMENT POLICY REGARDING PREDECISIONAL ENFORCEMENT CONFERENCES
Dear Mr. Woodard:
This is to advise you of a change to the Nuclear Regulatory Commission's i
Enforcement Policy which is published as NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions.
The significant change
)
involves how predecisional enforcement conferences will be conducted.
i Effective December 10, 1996, all predecisional enforcement conferences j
scheduled after that date will be open to public observation with some exceptions. This change was noticed in the Federal Reaister 61 FR 65088.
December 10. 1996.
This action culminates a trial program initiated on July 10, 1992. where select conferences were designated as open. As stated in the referenced Federal Reaister notice " Opening predecisional enforcement conferences is consistent with the agency's principles of good regulation and normal agency Jolicy. The intent of open conferences is not to maximize public attendance, Jut to provide the public with an opportunity to observe the regulatory process."
Region II has conducted a significant number of open conferences during the trial period. The staff has found that there has been little, if any, negative impact on their ability to engage in effective interactive communication with licensees during the conference.
Enclosed is a copy of the Federal Reaister notice for your information.
You should refer to the notice and Section V of the Enforcement Policy for discussion of those situations where predecisional enforcement conferences will be closed to public observation.
140110 I
9701140283 961231 DR. ADOCK O 31
-dC
I GPC 2
Should you have any questions, please contact Mr. Bruno Uryc, Director.
Enforcement and Investigation Coordination Staff. Region II, at either 1-800-577-8510 or 404-331-5505.
Sincerely (Original signed by Stewart D. Ebneter)
Stewart D. Ebneter Regional Administrator Docket Nos. 50-321. 50-366 License Nos. DPR-57, NPF-5
Enclosure:
Federal Reaister, 61 FR 65088, December 10, 1996 cc w/o encl:
J. Lieberman, OE Distribution:
PUBLIC 04fM Dit top \\
pit Ooo off-r!/s pit Opa SIGNATURE NME PHhi ner:dka JJohnson Bur _ g LReyes DATE 12 /
/ 96 12 /
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/ 96 12 /
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/ 96 17 /
/ 96 COPY?
YES l/60)
YES NO (YEM NO YES NO YES NO YES NO OFFICIAL ktCORD CN#
DO M 1thi N#4E: P: \\ENF ORCt.nAi
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i 65088 Federal Register / Vol. 61. No. 238 / Tuesday. December 10,1996 / Notices j
l s
to satisfy the plant design basis.
candition. Nonetha less, the limnaes was non-cited violation, and consideration j
Specifically the bl swout panels would aware that the paru is' pressure relief of risk in developing sanctions.
1 still protect the bul ldings' values calculated i i 1993 were above DATus: n!s revision is e5sctive on superstructure free i failure, which was the stated value of is psf stated in the December 10,1996. Comments are due d
considered the pla it design, basis, no UFSAR at which tl e panels were on or before January 9,1997. The j
licensee contendec that the 45 psf value supposed to pp>vk e relief.The NRC changs'to Part V of the Enforcement is not considered t is plant design basis maintains thetithe iconsa was outside Policy con
' open predecisional j
for reportaktlity ca taiderations and ofits design bdsis i ad deasesed the enforament does not apply none of the princfi le safety barriere was margin to the press are that would cause toconferences that were announced a
j seriously degraded Therefore, the building failup so l, therefore, the prior to the eDective date of thi's j
licensee does not c >nsider that this deviation frois the JFSAR should have revision.
condition was reps rtable given the been reportedte th iNRC.
Agonesens: Send written comments to:
information avella 'le in October 1993 The NRC mainta ns this position.
The Secretary of the Commission. U.S.
and therefore disat rees with this notw9h ea 'A87 th i licensee's Nuclear Regulatory en= mission, 3
violation.
contentiori that the guidance in Washington.DC 20555, ATTN:
The licensee alsa notes that thee NUREG-1022 wou d suggest that the nncheting and Service Branch. Deliver description of the i folation in the condition was not : sportable.De NRC mnments to:11555 Rockville Pika.
l Notice of Violation and particularly, the believes that the lie ensee misinterpreted RockviUe, Maryland 20e52, between discussion of the v olation in the b NUREG422 l ddanos and in so '
7:45 am and 4:15 pm.on Federal i
transmittalletter, a aggests that the NRC doing, failed to irt the subject workdays. Copies of-n==nts may be is applying a relati oly recent regulatory condition to the C. Simply stated, the avamin=d at the NRC Public Document P081tfon regarding he status of licensee's anal
'f a miaming high Room. 2120 L Street. NW. (14wer.
energy line be ri straint, which level), Washington, DC.
3p c$ca i li see stat t
a segmdy $ and lymd as not being a uman smaaAnon cowAct a
that the N1 ;C is considerin8 all required for 1 ince with the design James Lieberman, Director, Office of -
ents and cor imitments in th basas. is not a o ble to the pressure Enforcement. U.S. Nuclear Regulatory UFSAR as "stando lone" uirements.
reU*f l8 I le mmPonent which cammission Washington, DC 20555 PmWfes a si N licensee furthe r notes at while Sci ut function in (301)415-2741, stated in the secon I paragraph on page h in8 WPentructu" aus%smestrAnwosetAnoN:The i
two of the NOV tra tsmittal letter, but a the mnt of c terpmesum transient " General Statement of Policy and j
not cited as such li any of the 1
violations,it appea rs that the NRC sine buudings.
Procedure for NRC Enforcement of the reactor tui Actions" (Enforcement Policy or Policy) i considers that the illure of the blowout
- 7. NRC Conel ri panels to function it the UFSAR stated was first issued on September 4,1980.
I ne NRC con ;lu',ee that the licensee Sinos that time, the Enforcernent Policy pressure of 45 psfi ;,in itself, a violation 4
of regulatory requi. ements and a has not provided a, adequate basis for has been avised on a number of reportable situatioi.The licensee mitigating the civil penalty, nmaions. On June 30,1995 (60 FR 4
Ac ordingly,the N tC hastietermined 34381), the Enforcement Policy was disagrees with this intebrotation of the that a monetary :ii I penalty in the revised in its entirety and was also legal significance c f the SAR. and is ammint of $50,M0 should be imposed published as NUREG-1600.The Policy I
participating with he Nuclear Energy for the violationo li Section I of the June nrimarily addresses violations by institute (NE!) to h itiate a dialogue with l
the NRC regarding he resolution of this 18.1996 Notim. In addition, the '
heensees and oortain non-licensed Hoensee has not pr vided an adequate persons, as discussed further in footnote generic issue. ne scensee further states basis for the withd swal of Violation 3 to Section I. Introduction and Purpose.
i that notwithstandia ig its efforts to reach II.B in the Notiai.
agreement on what the interpretation of and in Section X: Enforcament Action 1
information in the JFSAR should be.
(FR Doc. 96-31321 FI ed 12-4-96; 8:45 ami Against Non licensees. As described the licensee believi s that it is clear that saises come M below, the Commission is amending the the NRC's regulato y interpretation is Enforcement Policy to address issues inconsistent with t is previously issued regarding consultation with the i
guidance on report ibility as referenad Policy and Procedure for Enforcement Commission, open prodocisional l
in the licensee's re ponse.
Actions; Policy Statement enformment conferences.non-cited
- 6. NHCEvoluotion af Ucensee Response AGENcv: Nuclear Regulatory
,go a
'ne NRC agrees bat the licensee.
Commission.
based on its errone >us calculations in Acnost: Policy statement: Revision.
1 October 1993, conc luded that the Most enforcement decisions are made j
pressure relief pan' ils would provide summeAny:The Nuclear Regulatory at the NRC staff level.'However, based j'
relief at values beh w the reacsor and Commission (NRC or Commission)is on guidanm in Section III of the turbine building st perstructure failure amending its General Statement of Enforcement Policy "Rasponsibilities,"
pressure of 80 psf. Nhile the licensee Policy and Procedure for Enforcement metain cases require formal Commission 1
clearly should hav< been aware that the Actions (Enforcement Policy) to revise musultation.The practice of
'Is would provide the list of enforcement matters on which Commission consultation has existed j
pressure relief pan 4
relief at values abo 'e the 80 psf the NRC staff must consult with the since the Enforcement Policy was first superstructum prei sures if the Commission, to modi the Policy to publ!shedas an interim Policy in 1980.
calculation had ben n adequately provide that most p ional
- After 1980, the number of cases perforrned, it is als i clear that the enforament conferences will be open to requiring this type of consultation has bcensee could not eport a condition public observation.to clarify the more than doubled. Most of the criteria that it was not swa e of, even though it circumstances in which a licensee-for consultation were adopted many
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should have been a were of the identified violation will be treated, as a years ago, to address particular
s 1
j Federal Register / Vol. 61. No. 238 / Tuesday. December 10, 1996 / Notices 85089 I
j rammissioner concems or areas where from more than two times the amount candid discussions between the NRC the NRC sta5 had little experience. De of the base dvil penalty. However, item and limn====, limit the free exchange of NRC staff has had substantial (2) of Section HI of the Policy is being informatir a. reduce conference 1
'ence in implementing the clarified to require consuhation when~
e5ectiver.ess, and negatively impact the vos of the Enforcement Policy. It the NRC sta5 proposes a dril penalty enforcessent program. Although
. is relatively rare that the enmmission greater than 3 times the Seeerity level industry reiterated this concern during deviates from the recommended NRC 1 values shown in Table 1 A for a single
- the trial program, the emnmi== ion has 8888 *PPreach. Thus, there is less need violation or problesn. De NRC sta5 will not found that open enforcement 3
for snandatory Commission involvement continue to provide notiacetion to the conferences conducted during the trial in many enforament matters, cmnmi== ion for all civil penalties and psegram were substantially lees frank l
Based on these factors and orders.
and open, nor was the NRC prevented l
considering the significant eCort from ahaiaiaa the information required j_
corrently expended in preiding Pr=4-4=l==al Enforcement Canforence to imp 4=antits enforceaunt p m.
Commission consultdon on Historically, b Enforcement Policy In some cases, the NRC staff need to enforcement matters, the Commission has provided that enforament ask Ilmn-additional questions, but 4
i has given the NRC staff more flexibility mujerencze are closed meetings the information ultimately provided was to decide what enforcement issues between the NRC and Ran-to always sufBcient to ineet predecisional i
should be brought to the Commission's' exchange information on potential enforcement conferencopels.
attention because of policy significanca, safety issues.Section V of the current pr=tadaianal enforcament i
cantmversy, or known nemission Enforcement Policy states that is cmnaiWant with the e
conferences, "are not normally open to agency's principles of regulation laterest.
Sedian HI of the Enforcement Policy the public observation." However, on and normal agency po
(" Staff j
la being modified to delete the specific July 10.1992, b rn-mi== ion Meetings Open to the Pu lic: Final requirements for consultation with the - established a 2. year trial p to Policy Statomsnt," 59 FR 48340; i
Commission before the NRC staffissues determine if b Folicy sh d be September 20.1994). ne intent of open j
enforcement actions involving material changed to make most onforcement conferences is not to maximise public falso statements, orders or civil conferences open to the public. On July attendance, but to provide the public penalties to unlicensed individuals, or 19,1994, the NRC announ=d that the with an opportunity to observe the l
dvil penalties to licensed reactor trial program would be continued until tory process. Ahhough making operators. Because of the egregious the Commission had acted on the y saanimi meetings open to the
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natum of material false statement cases, enforcement review team's c exposes particioants to the risk it is logical that they would be recommendations.
information may 6e misunderstood j
considered very significant regulatory ne announczment of the trial or misconstrued, the ammission does r
concerns and be categorized at Seventy program explained that the not And that the risk outweighs the i
ImvelI and require Commission Commission's decision on whether to public con 5dence gained by allowing i
consultation on that basis (Section IH(3) establish a pennanent policy for making open observation of NRC predecisional i
of b Enforcement Policy). The enforcement conferencne open would be enforcement conferences.
cammission believes that consultation based on an assessment of the following AAer consideringthe impact on the regarding individual actions should be criteria:
NRC's ability to exercise its regulatory
- )
based on the merits of the particular (1) Whether the fact that the and safety responsibilities, the impact 3
case. Further, under the current Policy, conferenca was open impacted the on the mndor and openness of civil penalties are not normally issued NRC's ability to conduct a meaningful communications during enforcement to unlicensed individuals or operators.
conference and/or implement the NRC's conferences, the impact on NRC i
These cases would receive Commluion enforcement program:
resources, and the benefit to b public, consultation at the request of the (2) Whether the open conference the Commission has decided to modify 1
Executive Director for Operations impacted the limnese's participation in the Enforcement Policy to provide that (EDO). The Commission mceives the conference:
most conferences will be open to public advance notification of all orders, (3) Whether the NRC expended a observation. However, as for any public i
including those issued to unlicensed signi5 cant amount of resources in meeting, the NRC retains the discretion individuals.
making the conference pub!!c: and to close the conference for.e specific 4
In addition, consultation will no (4) The extent of public interest in case. The criteria for closing conferences i
longer be required when the NRC staff Opening the enforament conference.
are cunently addressed in Section V of esercises discretion under Section Under the trial program -
the Enforcement Policy. With two VII.B.2 i and refrains from taking approximately 25 percent of all eligible additions, these criteria will continue to enforcement action for certain violations enforcement conferences were open to be used.no changes involve opening a Identified during extended snutdowns.
Public observation. Open enforcement conference ifit is based on an NRC I
no Commission will receive advance mnfemoces were conducted in each OfBm of Investigations (OI) report that j
noti 5 cation through Enforcement mgional office and with various types of has been publicfy disclosed and Notifications (ens) for the first exercise limneees. Members of the public providing Dexibility to open or close a I
of discretion for a plant meeting the attended 40 of the 113 open conferences conference with the approval of the conducted. In most cases, three or fewer Executive Director for Operations. The criteria of Section VB.B.2. Notification, not consultation, will be required when members of the public attended. The Enforcement Pohey will continue to Commission received and evaluated emphasize that predecisional the NRC staff exercises discretion under comments from licensees and members enforcornent confennces are open for
' Section VH.A.1 in matters in which the of b ublic..
public observation and not participation i
civil penalty to be proposed deviates P
ne most signi5 cant concern in
=namtent with the NRC's policy on allowing public observation at open meetings. De change to the e Aa.c um m.ac. of NtmfG-1s23. Seaton vtus. orth.Entorc nmai roucy wu r awnbar d enforcement conferences was that open Enforcement Policy that opens as s.ame vu.a.2.
conferences could inhibit open and predecisional enforcement conferences
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85090 Federal Register / Vol. 61. No. 238 / Tuesday, December to.1996 / Notices
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will be applied to conferences for which and eenction should be. However, the requirements contained in this policy the date is announced after the effective converse is not noossaarily true; low risk statement appear in Section VB.C.
i date of this revision.
should not nomesarily result in no g p,,,,,,;,i= N d 8 cad a mannion or a minor violation being 1
Nu. Cited Violadoes i
dtesf. His is bemuse many violations, b NRC may not conduct or sponsor.
1 The Enforcement Policy provides although havm' g low risk si-=ine-ae=,
and a person is not requuod to respond examples of when discretion generally may indicate g broader prob'lem, oRan to, a collection ofinformation unless it abould be considered for departing from amisc.tive of a regrammatic lima-displays a currently valid OMB control the normal approach under the Policy.
fauure to com with NRC aumber.
Secdon VH.B.1. addresses non-cited requirements an, therefore, have a high Small Ba===== *
' ^ - Enforcement violations (NCVs) which are used to reaulatory signi5cenm.
y g,,,,, Acg recogruze the existence of a legal he Enforament Policy currently In ea:ordance with the Small violation but are not formal violations.
does not address risk explicitly, except NCVs are used to provide an incentive in Section VH.A.1.e. which addresses Business Regulatory Enforcement the escalation of enforr====e aandlans Fairness Act of1996, the NRC has to licensees to identify (and correct violations. Criterion 1. a). In Section in situations when the amonesive determined that this action is not a VH.B.1,is a Senrity LAvelIV Violation duration of a problem has resulted in a E8h0EFUIOEOdb88T9FIO8dibIs that was " identified by the licensee,
=h e==elalincreano in risk. Although determination with the Office of including identification through an them is inherent discretiin in the Information and Regulatory Affairs of ennt."
Enforcement Policy to incremos Severity N B.
1 n6 y, the NRC Enforament His discretion is normally used Imvels and'aaadia== based on risk, the A
when the licensee identines and t a== lesion believes it is appropriate to Policy is amended revising Section corrects a non recurnng violation.
modify the Policy to state the IE.the first paragrep in Section IV.
However, this provision is not normally consideration of risk aspects more Section V. and Sections VH.A.1.(e) and used for violations that meet the criteria clearly.
VH.B.1(a) to read as follows:
for Severity IAvel HI violations, and In analyzing risk, the NRC recognime GENERAL STATEMENT OF POLICY ~
where thg circumstanas justify the uncertainties associated with risk AND PROCEDURE FOR NRC charactenzadon at Severity Level IV.
asessement. Generally, qualitative rather ENVORCEMENT ACI10NS Such cases normally are the more than quantitative risk======= mats are significant Severity LAvelIV violations.
made ginn the number of variables In addition, the NRC has considere w aar ordw based upon a violation, the greater the severity level approved information collection wea.iton.
].k' j
Federal Register / Vol. 61. No. 238 / Tuesday, December 10, 1996 / Notices 85091 1
i Enforcement orders are normally issued same conclusions as those in the 01 issued, as to the limnase's views on the by a Deputy Executive Director or the report concerning issues of intent if the appamot violations and their root Dhector, OE. However, orders may also Disctor of 01 concludes that causes and a description of planned or be issued by the EDO especially those emnmission consultation la warranted:
implemented corrective action.
)
involving the more signincant matters.
and During the predecisional enforcement I
N Directors of NRR and NMSS have (6) Any proposed enforcement action conference, the Hma
. vendor, or also been delegated authority to issue on which the Commission asks to be other persons will be given an orders, but it is expected that normal consulted.
opportunity to provide information 8
I use of this authority by NRR and NMSS consistent with the purpose of the will be confined to actions not IY* 88"T *I YI*A**I*"*
confonoce. including an explanation to l
associated with compliance issues. The Regulatory requirementa$ have the NRC of the immediate corrective Director Office of the Controller, has varying degrees of safety, safeguards, or aneinna (if any)that were taken been delegated the authority to issue environmental signiBeance, brefore, following identiacation of the potential j
orders where licensees violate the relative importance of each violation or nonconformance and &
3 cm==iaaton regulations by nonpayment violation, including both h technical long4erm comprehensive actions that l
oflicense and inspection fees, signi8cance and the regulatory were taken or willbe taken to psevent in recognition that the regulation of signiBeanca,is evaluated as the Erst recurrence. I t==- vendore, or other 4
j nuclear activities in many cases does stop in the enforcement process. In persons will be told when a meeting is a
mot lend itself to a mechanistic considerin6 the a'gniScence of a a ' _ _1 "- 4 enforcement conference.
i tsentment, judgment and discretion violation, the staff considers the puedecisional enforcement must be wrcised in determining the nachnimi significana, i.e., actual and conference is a meeting between the esverity levels of the violations and the poesntial aces, and b NRC and the lima. Conferences are i
l appropriate enforcement sanctions, regulatory signi ar=. In evaluating normally held in the agional offices j
including the decision to issue a Notice the technical signi5cance risk is an and are normally open to public j
of Violation or to propose or impose a appropriate consideration.
observation. Conferences will not normally be open to the public if the
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civil penalty and the amount of this penalty, after considering the general enforcement action being contemplated:
i i
principles of this statement of policy V. Pradaeiala=al Enforcement (1) Would be taken against an and the technical signi6cance of the Conferences ladividual, or if the action, though not violations and the surrounding Whenever b NRC has learned of b taken against an individual, turns on circumstances.
existena of a potential violation for whether an individual has committed Unless Commission consultation or which escalated enforcement action doing; notification is required by this policy, appears to be warranted, or recurring (2) volm signi8 cant personnel l
the NRC staff may depart, where nonconformance on the part of a failures whm the NRC has requested j
warranted in the public's intmst from vendor,the NRC may provide an that the individual (s) involved be rtunity for a predecisional Puent at the conference:
j this policy as provided in Section VII,
" Exercise of Enforcement Discretion."
op(rcement conference with the (3)is based on the 8ndings of an NRC en
%e Commission will be provided licensee, vendor, or other person before OfBce ofInvestigations report that has j
written notification of all enforcement taking enforcement action. The purpose not been publicly disclosed; or (4) Involves saloguards information.
actions involving civil penalties or of the conference la to obtain Privacy Actinformadon winfonnadon l
orders.The Commission will also be information that will assist the NRC in Provided notice the first time that determining the appropriate which cm M be consWend pigprietary, i
in addition, conferences not i
discretion is exercised for a plant enforcement action, such as:(1) a meeting the criteria of Section VII.B.2.
common understanding of facts, root Th,be n v ves medical In addition, the Commission will be causes and missed opportunities miandministrations or overexposures consulted prior to takin action in the associated with b apparent violations' and h conference cannot be conducted following situations (un ess the urgency (2) a common understanding of without disclosing the exposed of the situation dictates immediate corrective action taken or planned, and individual's name: or actionl.
(3) a common understanding of the (6) The confance will be conducted (1) An action affectin a licensee.s operation that requires galancing thesignificance ofissues and the opad for by telephone or the conference will be j
lasting comprehensive corrective action. conducted at a relatively small public health and safety or common if the NRC concludes that it has
, facilit gga,[o ithstand[r$g meeting any of these j
defense and secunty implications of not sufBelent information to make an p
operating with the potent al radiological informed enforcement decision, a criteria, a conference may still be open or other hazards associated with conference will not normally be held if b confance involves issues related j
contmued operation:
unless the licensee requests it. However, to an ongoing adjudicatory proceeding j
(2) Proposals to im ose a civil penalty an opportunity for a conference will with one or more intervenors or where j
greater than 3 times t e Severity Level normally be provided before issuing an the evidentiary basis for the conference i values shown in Table 1A for a single order based on a violation of h rule on is a matter of ublic record, such as an Y
y rofo Deliberate Misconduct or acivil Ity ediudicatory ecision by the d nforcement action t an unliansed person. lf a con nce Department of Labor. In addition, 3
thatinvolves a Severity Imvel I is not held.6 licensee will normally notwithstanding the above normal 4
.i4) n), action the EDO believes be reqmted to provide a written criteria for opening or closing
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warrants Commission involvement:
8*8Ponse to an inspecdon repet,if conferences, with the approval of the j
(5) Any proposed enforcement case Executive Director for Operations,
""# ** "h *
- conferences may eibt be o n or E,*,"" W[g E. "m"[d"," O i
involving an Office of Investigations closed to the public aAer ncing the j
(01) report where the NRC staff (other j
than the 01 staff) does not arrive at the
.pacincanon, or anser.
beno6t of the public observation against i
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86092 Federal Register / Vol. 61 No. 238 / Tuesday, December 10, 1996 / Notices i
the potentialimpact on the agency's When needed to protect the public Street, NW., Weahington, DC 20268-decision. making process in a particular health and safety or common defense 0001, Telephone (202) 789-6840.
and security, secolated enforcement we,gerst y, crumshow, mee.
The NRC will notify the licensee that action, such as the leeuance of an Secretary.
the confance will be open to public immediately effective order, will be (FR Doc. 96-31406 fwd 12M; 10:50 am) observation. Consistent with the taken before the conference. In these smassa ones me.as.e agency's policy on open meetingp, " Staff cease, a conference may be held after the Meetings Open to Public." published escalated enforcement action is taken.
i September 20.1994 (59 FR 48340), the VIL Esaraos of Disareties POSTAL SERVICE i
NRC latends to announce open j
, conferences normally at least to Sunshine Act Mes ing; Board of j
working days in advance of conferences A. Escalotion ofEn/on:ement Sanctions Governors through (1) notices posted in h Public l
Document Room,(2) a toll. free Notice of Vote to C ese Meeting telephone recording at 800-952-4674, 1.*
At its meeting os December 2,1996, l
(3) a toll. free electronic bulletin board at (e) Situations when the violation the Board of Goves sors of the United 800-952-9676, and on the World Wide results in a substantial increase in risk.
States Postal Servi < e voted unanimously l
Web at the NRC Office of Enforcement including uses in which the duration of to close to public c hervation its i
homepage (www. arc. gov /OE). In the violation has contr3:uted to the scheduled for January 6,1997, addition, the NRC normally will also substantialincrease:
in W ngton. D.1 ;The members will be briefed on:(1) C lassroom Publication l
Issue a press release and notify r
j appropriate State liaison officers that a Prices:(2) a propos ed Aling with the i
predecisional enforcement confance B. Mitigation of Enforcement Sanctions Postal Rate Commi ision for Parcels; and (3) will consider h mding approval for j
has been scheduled and that it is open to public observation.
- 1. Licanese. Identified Severity level International Servi se Centers.
4 The public attending open IV Violations. The NRC, with the ne meeting is e cpected to be conferences may observe but not approval of the Regional Administrator attended by the foi owing persons:
l participate in the conference. It is noted or his or her designee, may refrain from Governors Alvered 3. Daniels, del Junco, that the purpose of conducting open iseutng a Notice of Violation for a Dyhrkopp, Finema n Mackie, conferences is not to maxunize public Severity levelIV violation that is McWherter, Rider - ad Winters:
I attendance,but rather to provide the a,-n=ented in an inspection report (or Postmaster Genera Runyon. Deputy i
public with opportunities to be ofEcialIIsid notes for some material Pam== der Geners Coughlin, Secretary l
informed of NRC activities consistent cases) and described therein as a Non.
to the Board Koerb it, and General with the NRC's ability to exercise its Cited Violation (NCV) provided that the Counsel Elcano.
regulatory and safety responsibilities.
Inspection report includes a brief As to the first an i second item, the i
nerefore, members of the public will description of the corrective action and Board determined hat pursuant to i
be allowed access to the NRC regional that the violation meets all of the asetion 552b(c)(3)',f title 5. United l
offices to attend open enforcement following criteria:
States Code, and as ction 7.3(c) of title conferences in accordance with the Ia) It was identified by the licensee:
39, Code of Federn Regulations, this
" Standard Operating Procedures for portion of the mee Lng is exempt from j
Providing Security Support for NRC Deted at Rockville MD,this 4th day of b open m jr @ ment o%
Government in tne Sunshine Act (5 Hearings and Meetings " published Decemtier,1996.
j November 1.1991 (56 FR 56251). These U.S.C. 552b(b)) bei suse it is likely to,th For the Nuclear Regulatory Commission.
disclose informatu n in connection wi procedures provide that visitors may be I
subject to personnel screening, that I*"" C 8*7
promedings under Chapter 36 of title i
signs, banners, posters, etc., not larger S*cmorye/the Camisseri.
- 39. United States C ode (having to do 4
than 18" be permitted, and that (FR Doc. 96-31319 Fded 12-4-96: 8:45 aml with postal ratema dag, mail disruptive persons may be removed.
saAsso ooos raske w classification and a banges in postal d
j The open conference will be terminated services), which is specifically conference. NRC's Predecisional
~
exempted from dis :losure by section if disruption interferes with a successful 410(c) of title 39,l nited States Code.
j Enforcement Conferences (whether open POSTAL RATE CC AMISSION no Board has d termined further that
$52b(c)(10)of title 5, bursuant to sectior, and section 7.3(1) o 1
or closed) normally will be held at the 8""'M"'A O ** N olted States Coda NRC's regional offices or in NRC Headquarters Offices and not in the MaasE OF AosNcT:P 4tal Rate title 39, Code of Fe feral Regulations, the discussion is exes pt because it is likely vicinity of the licensee's facility.
Commission.
i 1
Members of the public attending o n to specifically coni ern participation of TSAE AND DaTE:23 p.m. on Deczmber the Postal Servica n a civil action or conferences will be reminded that (1 9,1996.
proceeding involv1 g a determination i
the apparent violations discussed at j
predecisional enforcement conferences M.Aca: Conference bom,1333 H Street, on the record after apportunity for a are subject to further review and may be NW., Suite 300, We shington, DC 20268. bearing' he third ti As to t rm, the Board j
subject to change prior to any resulting trATus: Closed.
enforcement action and (2) the determined that pi ruuant to section adATTens 70 sE E Issues in 552b(c)(3) and (10 of title 5. United l
statements of views or expressions of Docket No. C96-1.
States Code: and si ction 410(c)(2) and opinMn made by NRC employees at
'i pree wisional enforcement conferences, costract pensON M R 000RE pePORBRATION: (3)of title 39 Unit d States Code: and of the lack thereof, are not intended td Margaret P. Cronab iw, Secretary, Postal section7.3 (c) and I ) of title 39, Code of j
represent final determinations or beliefs. Rate Commission, < Luite 300,1333 H Federal Regulatiori i, the rueeting is 1
1
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