ML20133F616

Advises of Change to NRC Enforcement Policy Re How Predecisional Enforcement Conferences Will Be Conducted. Effective 961210,all Predecisional Enforcement Conferences Will Be Open to Public Observation W/Some Exceptions

ML20133F616
Person / Time
Site:	Summer
Issue date:	12/31/1996
From:	Ebneter S NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:	Gabe Taylor SOUTH CAROLINA ELECTRIC & GAS CO.
References
NUDOCS 9701140289
Download: ML20133F616 (8)

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December 31, 1996 i

South Carolina Electric & Gas Company 1 ATTN: Mr. Gary J. Taylor Vice President, Nuclear Operations Virgil C. Summer Nuclear Station P. O. Box 88 {

Jenkinsville, SC 29065  !

SUBJECT:

RECENT REVISION TO THE NRC ENFORCEMENT POLICY REGARDING l PREDECISIONAL ENFORCEMERT CONFERENCES *

Dear Mr. Taylor:

l This is to advise you of a change to the Nuclear Regulatory Commission's l Enforcement Policy which is published as NUREG 1600, General Statement of l Policy and Procedures for NRC Enforcement Actions. The significant change j involves how predecisional enforcement conferences will be conducted. I Effective December 10, 1996, all predecisional enforcement conferences 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.

i This action culminates a trial program initiated on July 10, 1992, where  !

select conferences were designated as open. As stated in the referenced i Federal Reaister notice " Opening predecisional enforcement conferences is consistent with the agency's principles of good regulation and normal agency aolicy. The intent of open conferences is not to maximize public attendance, j aut to provide the public with an opportunity to observe the regulatory process."

l 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, 1 negative impact on their ability to engage in effective interactive l 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.  ;

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SCE&G 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 No.: 50 395 License No.: NPF 12

Enclosure:

Federal Reaister, 61 FR 65088, December 10, 1996 cc w/ encl:

R. J. White Nuclear Coordinator (Mail Code 802)

S.C. Public Service Authority c/o Virgil C. Summer Nuclear Station P. O. Box 88 Jenkinsville, SC 29065 J. B. Knotts, Jr., Esq.

Winston and Strawn 1400 L Street, NW Washington, D. C. 20005 3502 Chairman Fairfield County Council P. O. Drawer 60 Winnsboro, SC 29180 Virgil R. Autry. Director Radioactive Waste Management Bureau of Solid and Hazardous Waste Management S. C. Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 R. M. Fowlkes, Manager Operations (Mail Code 303)

South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station P. O. Box 88 Jenkinsville, SC 29065 cc w/ encl continued: See page 3

1' SCE&G 3 cc w/ encl: Continued April Rice, Manager Nuclear Licensing & Operating Ex wrience (Mail Code 830)

Sout1 Carolina Electric & Gas Company Virgil C. Summer Nuclear Station P. O. Box 88 l Jenkinsville, SC 29065 Distribution w/o encl:

A. Johnson, NRR J. Lieberman, OE R. Gibbs, RII P. Fillion, RII D. Jones, RII W. Stansberry, RII C. Payne, RII PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Commission Route 1, Box 64 Jenkinsville, SC 29065 errIct o!M off-OoA SIGNATURE M NAME 81 LReyes DATE 12 96 12 / /% 12 / / 96 12 / / 96 12 / / 96 12 / / 96 COPY? VES NO YES NO YES NO YES NO YES NO YES NO OrFICIAL RtCORD COFf 00Cui+.Ni NAM; G:\5CE&bthv.PEC

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45088 Federal Register / Vol St. No. 238 / Tuesday. December 10. 1996 / Notices '

! to satisfy the plant design basis. condition. N= ^E E the licensee was non-cited violation, and consideration

. Specifically.the bl twout panels would aware that the pan is' pressure relief of risk in developing sanctions.

1 still protect the bu ldings' values calculated i , 1993 were above dates: his revision is e5ective on i superstrudure frau i failure,which was the stated value of is psf stated in the December 10.1996.Canunents are due l

considered the pla it design,besis. N UFSAR at which tl e panels were on or before January 9.1997.The licensee contendec that the 45 psf value supposed to pqovic e reuelDeNRC change ^to Part V of the Enforcement j is not considered t to plant design basis maintains thetithe lanses was outside Poucy q open predecisional

for reporta'ility cc isiderations and ofits design b6sisi ad decreased the enforcement - = does not apply j none of the princli le safety barriers was margin to the press are that would cause toconferences that wese announced f seriously degraded Therefore, the building faHup en l. therefose, the pr6or to the efecevo does of thi's

! licsasse does not c maider that this deviation frous the JFSAR should have revision.

condition was reps rtable given the been reportedte th iNRC. Agonagens: Send written comments to:

l information availai 'le in October 1993, g h NRC mainta as this position. De Secretary of the emnminalon. U.S.

and therefore disaq reos with this notwp . ,un.in , licensee's Nuclear Regulatory Commission.

violation, contention that the Washington. DC 20655. ATI'N:

j j

The licensee eles notes that thee NUREG-1022.wou fnelanr= sugnet thatinthe fiar6=*ing and Service Branch. Deliver j sissaiption of the i iolation in the medition was not : sportable.no NRC -==ats to: 11555 Rockville Pike.

! Nodce of Viole> ion and particularly.the bheves eat M ensee misinterprehd RockWHe. Maryland 20s52, htween discussion of the v olation in the the NUIWG-1b22 g aldance and in so 7:45 ans and 4:15 pm.on Federal transmittal letter, a a that the NRC doing, faHed a my is applying a relati e y recent regulatory e to @ workdays. of ra'======au may b C. Simply stated, the =ramin=d et NRC Public Document Position mgarding he status of conditico,,

gg,,,,,, to the,fNI a missing high Room. 2120 L Strost. NW. (Iower-numenal valuesi ithin the UFSAR. energy line r straint, which DC.

Specifically,the lie onese states that it U

yW lysed u em hing Imvel).W- " h m o m ae

eP requimd for aqmpt ance with the design James Lieberman. Director.OfRce of a en mitm n basis. is not a lic ble to the pressure Enforcement. U.S. Nuclear Regulatory I

UFSAR* " d lon .. ~

le component which em mia.1,=. Washington,DC 20555 i g ggg,nsee rt rn es hi .

stated in the secon relief [a Provi 8a at function in (301)415-2741.

l' lag 8uPontrudum essPmmemmany espoemaattom b two of the NOV tra iismittal paragrafetter.buth on page the event of c verpressum transient " General Sea *-* of Policy and not cited as such li any of the of the reactor tua nne buildings.

violations,it appes rs that the NRC Procedure for NRC Enfoscement i

! considers that the i silure of the blowout 7. NRC Co ri Actions" (Enforcement Policy or Policy) panels to function it the UFSAR stated was Arut issued on September 4.1980.

The NRC lui me that the licensee Since that time, the Enforament Policy

! pressure of 45 psfi i,in itself, a violation has na pmvided a . adequaw benis fm has been avised on a number of 1 of mgulatory requi ements and a j reportable situatioi . The licensee mitigating the civil ty. occasions.On June 30.1995 (60 FR Accordingly.the N hesitetermined 34381), the Enforcement Policy was 1 dise with this inte l lega gnificance c f thebrotation SAR. and of isthe eat a inmetary b .I penalty in the revised in its enthaty and was also amount of $50.0m should be imposed published as NUREG-loco.N Policy participating with he Nuclear Energy Institute (NEI) to is ltiste a dialogue with for the violadoon 11 Section I of the June ly addresses violations by the NRC regarding he resolution of this 18.1996 Nodce. In addition, the som and certain non Hcensed generic issue. N iconses further states licensee pr vided an adequate persons, as discussed further in footnote basis forhas thenotwithd; awal of Violation 3 to Section 1. Introduction and Purpose, that notwithstandt ig its efforts to reach agreement on whai the interpretation of H.B in the NatioL and in Section X: Enforcement Action information in the JFSAR should be. (FR Doc. 96-3132kF1 ed 12-4-06; 8:45 amj Against Non lirwa=== As described the licensee believi e that it is clear that numa coes rseuw below, the Commiasion 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 guidance on report ibility as referenced Policy and Procedure for Enforcement Commission. open predecisional in the licensee's re ponse. Actions; Policy Statement enforcement conferences.non cited

6. NRCEvoluation ofLicensee Response soapscy: Nuclear Regulatory aas?

'The NRC agrees bat the licensee, ranmission. c , ,p based on its errons pus calculations in AcTeose: Policy statement: Revision.

October 1993, conc luded that the Most enforcement decisions are made pressun relief pan 'Is would provide susmaany: N Nuclear Regulatory at the NRC staff level. However. based tellef at valuesbela w the meetor and Commission (NRC or Commission)is on dance in Section III of the turbine building st perstructure failure amending its General Statement of Policy ** Responsibilities."

pressure of 80 psf. Nhile the licensee Policy and Procedure for Enforcament certain cases require formal Commission clearly should hav< been aware that the Actions (Enforcement Policy) to revise consultation. N practice of pressure relief pan 'Is would pmvide 4

the list of enforcement matters on which Commission consultation has existed relief at values abo 'e the 80 psf the NRC staff must consult with the since the Enforcement Policy was first superstructure prei sures if the Commission,to modi the Policy to publishessas set interim Policy in 1980.

calculation had bei n adequately provide that most anal

• AAer 1980. the number of cases performed. It is als i clear that the enforcement con will be open to requiring this type of consultation has uco could not eport a condition public observation, to clarify the more than doubled. Most of the criteria tt.at it was not swa e of even though it circumstances in which a licensee. for consultation were adopted many should have beena were of the identified violation will be treeted as a years ago,to address particular ENC WSURE

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Federal Register / Vol. 61. No. 238 / Tuesday, December 10,1996 / Notices 85089 4

ra==i=i-concerns or areas where fran more than two times the amount candid dI=r==Aans between b NRC the NRC sta5 had little experience.N of the base civil penalty. However, item and 14== . limit the free exchange of i

NRC staff has had substantial (2) of heelan IR of the Policy is being laformation, reduos =ndmona in implementing the clarifled to require consuhation when =H=reiveness, and negatively impact the m of the Enforcement Policy. It the NRC staNproposes a dril penalty enforcement program. AlthouGh

, . is relatively rare that the cm== lesion yester than 3 times the Severity level industry reiterated this concern during d deviates from the recommended NRC 1 values shown in Table 1A for a single ' the trial program, the r==i==ian has j staf approach. nus, there is less need violation or problem, no NRC star will not found that open enforcement i for mandatory ra== lesion involvanant continue to provide =aeine= tion to the conferences conducted during the trial j in many enforcement mattere. Canaission for all civil p===l*4== and peepam were ==h*==*ially less freak

] Reemd on these factore and ceders, and open, nor was the NRC prevented

% the significant eNort trem ahe=ining the informadan required carnatly expended in providing Fredeciaismal Infamment Conferona" to implement its enforcement r====i=l= consultation on Historically, the Enforcement Policy In como cases, the NRC staf o enforcement metters the Commission has dad that enforcement ask 11-- additional questions, but j has given the NRC star more flexibility are closed meetings the information ui*i==a=3y provided was j to decide what enforcement leeues between the NRC and 11===== to shreye sufBcient to most predecisional j ehould be brought to the Commission's enchange information on potential enforonment conference seals.

ettention because of policy signiar===, esisty issues.Section V of the current pr=darialan=Fenforcement j centroversy,or known em==i= ion Enform==* Policy states that is a'==i=a=* with the latemet. conferences. "are not nonnally open to agency's principles of regulation 5 Section III of the Enforcement Policy the public observation." However, on and nonna! ogency yo ("StaN

le being modified to delete tlw specific July 10,1992,the em==i== ion W Open to- 1"the Final r- '-- - - for consuhation with the established a 2 year trial to Policy J_ ^ 59 FR 44340, em==imian before the NRC staffissues determine if the Policy be ", M 20.1994). De intent of open enforcement actions involving matwiel ch=ag=d to make most enforcement ==E= unose is not to ==rimi== public falso statements, orders or civil maiorences open to the public. On July =n==d , but to provide the public penalties to unlicensed individuals. or 19,1994, the NRC announced that the with an opportunity to observe the

{ dril penalties to licensed reactor trial program would be continued until Ahhough making

! operators. Because of the egregious the em==1.= ion had acted on the y* iral meetings open to the j nature of matwial falso statement cases, enfor===* review team's exposes partici to the risk 1 it is logical that they would be =ra===ndations. that information may misunderstood i considered very significant regulatory he announament of the trial or misconstrued,the em==i== ion does

! concerns and be categorized at Severity program explained that the not find that the risk outweighs the i levelI and mquire Commission Commisalon's decision on whether to public conSdena gained by allowing consultation on that basis (Section III(3) establish a per====a* policy for making open observation of NRC predecisional 4

of the Enforcement Policy).The enforcement conferences open would be enforcement conferences.

Commiseico believes that consultation bened on an essessment of the following Aast maaid=ing the impact on the regarding individual actions should be criteria

NRC's ability to exercise its regulatory i

bened on the merits of the paticular (1) Whether the fact that the and safety insponsibilities, the impact l

mee. Further, under the current Policy, conference was open impacted the on the candor and openness of civil penalties are not normally issued NRC's ability to conduct a meaningful communications during enforcement I

to unlicensed individuals or operators, conference and/or implement the NRC's conferences, the impact on NRC

! Dese cases would aceive Commission enforcement program: resources, and the benent to the public, f consultation at the request of the (2) Whether the open conference the Commission has decided to modify I

Executive Director for Operations impacted the limn ==='s participation in the Enforcement. Policy to provide that the confmace, most conferences will be open to public 1 (EDO). The Commission receives observation. However, as for any public i advance notification of all orders. (3) Whether the NRC expended a including those issued to unlicensed signi5 cant amount of resources in meeting, the NRC retains the discretion making the confmace public: and to close the conference for e specific individuals.

In addition, consultation will no (4) The extent of public interest in case, ne criteria for closing confmnces longer be requind when the NRC staff Opening the enforcement conference. are currently addressed in Section V of Under the trial program, the Enforcement Policy. With two

' eneroses discretion under Section additions, these criteria will continue to VE.B.2 ' and refreins from taking roximately 25 percent of all eligible

• PjWarDent en Conimoces wm open 10 be used, no Changes involM opening a enforcement action for certain violations identified during extended shutdowns. Public observation. Open enforcement conference ifit is based on en NRC conferences were conducted in each OlBm of Investigations (CE) report that no Commission will receive advance notification through Enforcement mgional ofRee and with various types of has been publicly diarla==d and Natiacations (ens) for the first exercise limneses, hiesnbors of the public providing Sexibility to open or close a

' attended 40 of the 113 open conferences conference with the a of the l the conducted. In most cases, three or feww Executive Director for ons.The i of discretion atteria of Section for a bant meetinkcation Enforcement Policy will continue to notconsultationbewill'B.2 requiredNoti when members of the public attended. %e am hasias that predecisional

' the NRC staff exercises discretion under Commission received and evaluated en ont confennas am open for

'Section VII'A.1 in matters in which the comunents from licensees and manbm of the public.. public observation and not participation civil 'nalty P to be Proposed deviates ne most significant mamrn in consistent with the NRC's policy on j

allowing public observation at open meetings. De change to the i e Aaer uw wunc= d NimEc-1525. $scuan vs.a.: w e sa w roucy w u e.===h,.t enforcement maiorences was that open Enforcement Policy that opens as asame vu.a.a. mafarenas could inhibit open and S='onal enfor===nt conferences

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85090 Federal Wast =8=e / Vol 61. No. 238 / Tuesday, Da===har 10, 1996 / Notices i will be applied to conferences for which and sanction should be. However, the requirements antained in this policy

! the date is announced aAer the effectin converse is not neceanarily true; low risk =aae====at appear in Section VH.C.

j date of this revision. should not neoussarily sueultin no g % p,ana, sension or a minor violation being h Violadens died. his is because many violations. De NRC may not conduct or sponsor.

4 The Enforcement Policy provides although he low risk signine===. and a person is not required to respond

. examples of when discredon generally may indicate g probleen,oRen to, a collection ofinformation unless it 4

should be considered for departing from indicanive of a - - --- "- Birman==

- displays a currently valid OMB control

. the normal approach under the Policy. failum to cosep7with NRC number.

Section VU.B.t. addreeses non-cited requirements and, therefore, have a high Senall Boeiness C ' i Enforcement 8

violations (NCVs) which are used to - e_ =_ = ^

recognize the existence of a legal EYloniennent Pocurrently ~

violation but are not formal violations. does not address risk icitly, except in encordance with the Small NCVs are used to provide an inantive in Section VB.A.1.e. addresses Business Regulatory Enforcement

< to licensees to identify and correct the =arala*iaa of enforcement anae+iaan Phirness Act of1906, the NRC has violations. Criterion 1.(a). In Section in situations when the emmesive determined that this action is not a VH.B.1. is a Severity Imol IV violation duration of a problem has resulted in a nasjor rule and has vertfled this that was "identiSed by the 11=====. =4=*==*ial increase in risk. Although determination with the OfBce of including identiflation through an these is inherent discretion in the Information and Regulatory Affairs of

. event " Enforceanent Poucy to increase Severity (BEB.

, This discretion is normally used imels and'===n*faam bened on risk the Accordingly,the NRC Enforcement

when the licensee identifies and t'a==i==1a= believes it is appropriate to Policy is ==aadad by revising Section corrects a non.rocurnng violation. modi b Poucy to state the 15.the Arut peregraph in Section IV, However, this provision is not normally ranal of risk aspects mos, Section V and Sections VB.A.1.(e) and

used for violations that meet the criteria clearly. VB.B.1(a)to rund er follows

4 for Severity Level HI violations, and in analyzing risk, b NRC recognises GENERAL STATEMENT OF POLICY

, whm the circumstances justify the uncertainties associated with risk AND PROCgDURE FOR NEC characterization et Severity Level IV. =====ammae Generally, qualitative rather ENFon N N Such cases normally are the more than quantitative risk =========*= are * * '" *

• significant Severity Level IV violations. made given the number of variables -

j in addition.the NRC has considered eseadated with risk asseeement. Risk gg,m p mau.a i whether this exercise of discretion should be a consideration in proposing 4

should normally be used in cases enformment actions, but not necessarily %e Execudw Director fw Opmdons 1 involving violations identified through determinatative. in developing higher (EDO) and the princi enforcement an event. If the root cause of b event dvil penalties, the t'ammission intends ofBcers of the NRC. Deputy j is obvious or the' licensee had prior to enamidar, where appropriate, Executive Director for Nuclear Material a opportunity to identify the problem but ==-aine separate dvil penalties for Safety, Safeguards and Operations failed to take action that would have each violation that is aggregated into a SdPPort (DEDS), and the Deputy prevented the event, the licensee should Severity Imel H problem. Executive Dhector for Nuclear Reactor Regulation, Regional tions, and not be rewarded by the NRC's exercising nerefore, to provide sufRcient discretion to be able to appmpriately - Research (DgDR), have delegated discretion not to cite the violation. On consider risk in enforcement dedstons, the authority to approve or issue all the other hand, there rnay be cases when, notwithstanding a self. disclosing Section IV of the Policy is being mars.Inted enforcement actions.* The

! violation, the licensee demonstrated modified to state that in considering the DEDS is responsible to the EDO for the

! initiative in identifying the violation's significance of a violation, the NRC NRC enforcement programs. The Office root cause. In such a case, an NCV may considers the technical significana. i.e of Enforcement (OE) exercises oversight be appropriate. actual and potential consequences, and of and implements the NRC

- in general, when the licensee's the regulatory signi5cana; and that in enforcement programs. The Director, identification is through an event, evaluating the *=chnical significance. OE. acts for the Deputy Executive discretion should only be exercised risk is an appropriate consideration. Directors in enforcement matters in Further, Section VH.A.1.(e) is being their absence or as delegated.

when the licensee has demonstrated Initiative. Further, the violation should modified to state that exercise of Subject to the oversight and direction

, be cited if it caused the event, the cause discretion should be considered in of OE. and with the approval of the is obvious, or a clear opportunity situations where the violation has appropriate Deput Executive Director, existed to identify the violation and take resulted in a suhmeantial inaense in risk, whm necessary, regional offices action to prevent the event.The includmg cases in which the duration of normally issue Notices of Violation and Commission believes that the the violadon has contributed to the dvil penaldes. However, sub to the same oversight as the Enforcement Policy should be clarified substantialincrease b deletin the refore t regional ofRas, the Office of Nuclear Paperwork Reduction Act Statement Reactor Regulation (NRR) and the Office i entificat on through n event in the i This policy statement does not of Nuclear Material Safety and criterion in Secdon VH.B.1.(a) to make I contain a new or amended information Safeguards (NMSS) may also issue it clear that use of discretion is not Nodcas of Violadon and proposed civil d

automatic if the violation is identified collection requirement subject to the through a self. disclosing event. Paperwork Reduction Act of 1995 (44 Penalties for certain activities.

U.S.C. 3501 et seq.). Exi Risk-significant Violations quirements were ap b

• Ma ana **a*L8"i *aic"a'a' acuca' as

"'"d ~

In evaluating violadons for ofBce of Manag===at and Bu

• dvu N,, go,,,,w e oYr ne, b,

"."s"=,N,7 enforcement, the higher the risk from a approval number 3150-0011, c s,u i .,

violauon. the greater the severity level approved infor==*ia= collection cavaa

Federal Register / Vol. 61, No. 238 / Tuasday, recember 10, 1996 / Notices 65091 Enforcement orders are normally issued name conclusions as those in the 01 leeued, as to the licensee's views on the by a Deputy Executive Director or the report concerning issues of intent if the appamnt violations and their root Director. OE. However, orders may also Disctor of 01 concludes that muses and a description of planned or be issued by the EDO. espedally those ranmission cmnsultation is warranted; implemented cornctive action.

involving the more signincent matters. and Durmg the predecisional enforcement De Directors of NRR and NMSS have (6) Any proposed enforcement action emaE=ence, the It===aa 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 normai consulted. oppo W=ity to provide infonnation use of this authority by NRR and NMSS consistant with the purpose of the will be conAned to actions not E 88#78IY3*I'8E*** conferona. including an explanation to associated with compliance issues. The Regulatory requirementss have the NRC of the immediate corrective Director. Office of the Controller, has varying degrees of asfoty, safeguards, or anions (if any) that www taken been delegated the authority to issue environmental signi8cance. 'Ibenfore, following identiScation of the potential orders where licensees violate the miative importance of each violation or nonconformance and the rmami.aion regulations by nonpayment violation, including both the tarhnical long-term comprehensive actions that oflicense and ins on fees. signi8cana and the regulatory were taken or will be taken to prevent la recognition t the regulation of signiacance,is evaluated as the Erst recurrence. t .tamaa=== vendors, or other nuclear activities in many cases does seep in the enforcement prooses. In persons will be told when a meeting is not lend itself to a mechanistic consi the signincanr= of a _ " '--I enfarr====* rnnf=ence.

tseetment, judgment and disaetion violation. sees considers the a 'A pr=darisianal enforcessent must be exercind in determining the eachaical signiscence, i.e., actual and oenderence is a meeting between the severity levels of the violations and the poesntiale--- m and the NRC and the liconese. Conferences an appropriate enforcement sanctions. regulatory significance. In evaluating normally held in the regional offices including the decision to issue a Notice the tachaical signi5cance, risk is an and are normally open to public j of Violation, or to propose or impose a appropriate raamda stion. observation. Conferences will not  !'

civil penalty and the amount of this . . . . . nonnally be open to the public if the penalty, aner considering the general enforcement action being contemplated:

principles of this statement of policy V. Pr=daciala==1 Enforcement (1) Would be taken against an and the technical signi6cance of the Confersecos , individual, or if the action, though not violations and the surrounding Whenever the NRC has learned of the taken against an individual turns on carcumstances. existence of a potential violation for whether an individual has ca==itted Unless Commission consultation or which escalated enforcement action wrongdoing:

notification is required by this policy, appears to be warranted, or recurring (2) mvolves signi8 cant personnel l the NRC staff may depart, who e nonconformanca on the part of a failures where the NRC has requested l warranted in the public's interest. from vendor, the NRC may provide an that the individual (s) involved be

. this policy as provided in Section VII. op stunity for a predecisional Passent at the conference:

" Exercise of Enforcement Discretion." (3)is based on the 8ndings of an NRC

{ en reement conference with the

'line Commission will be provided licensee, vendor, or other person before Mce oflamdgadons upon that has written notification of all enfortement taking enforcement action. The purpose not been publicly disclosed: or actions involving civil penalties or (4) Involves saloguards information, of the conference is to obtain orders. The Commission will also be information that will assist the NRC in Privacy Actinfonnsdon winfonnaden provided notice the first time that determining the appropriate Ch c d be coed gp"

, 9 con n discation is exercised for a plant enforcement action, such as:(1) a meeting the cnteria of Section VII.B.2.

bli H-In addition, the Commission will be common understanding of facts, root causes and missed opportunities

$[e co c.e v vos medical misedministrations or overexposures consulted prior to takin action in the . ancr eted with the apparent violations' and the conference cannot be conducted followmg situations (un ess the urgency (2) a common understanding of without disclosing the exposed cf the situation dictates immediate corrective action taken or planned, and individual's name: or actionl: (3) a common understanding of the (1) An action affecting a licensee's (6)The conference will be conducted sign 16cance of issues and the nped for by telephone or the conference will be cperation that requires balancing the lasting comprehensive corrective action. conducted at a relatively small

public health and safety or common if the NRC concludes that it has j defense and secunty implications of not sufficient information to make an licensee's facilit[n.Notwithstand g meeting any l operating with the potential radiological aformed enforcement decision, a criteria, a conference may still be open or other hazards associated with conference will not normally be held if the conference involves issues related j continued operation

unless the licensee requests it. However- to an ongoing adjudicatory proceeding

(2) Proposals to impose e civil penalty an opportunity for a conference will with one or more intervenors or where j greater than 31

mes the Severity Level normally be provided before issuing an the evidentiary basis for the conference 1 values shov.n in Table 1A for a smgle order based on a violation of the rule on is a matter of ublic record, such as an violation or ;cblem: Deliberate Misconduct or a civil penalty adfudicatory scision by the

(3) Any proposed enforcement action that involves a Seventy levelI to an unlicznaed person. If a conference Department of Labor. In addition.

l is not held, the licensee will normally notwithstanding the above normal be requested to provide a written criteria for opening or closing

4) n) action the EDO believes mePonse to an inspecdon mpon. H conferences, with the approval of the

! warrants Commission involvement; Executive Director for Operations.

1 (5) Any proposed enforcement case I

involving an Office of Investigations (OI) report where the NRC staff (other M$ub ama.m.reptaues.uca a

candmaa.iechnical conferences may eithe boyncm,or closed to the public a r g e than the 01 staff) does not arrive at the .p.oncanon, or are.r. beneSt of the public observation against l'

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! G5092 Federal Register / Vol. 61. No. 238 / Tuesday, nacernhar 10, 1996 / Notices

! the potentialimpact on the agency's When needed to protect the public Street. NW., Washington. DC 20268-decision. making promes in a particular health and safety or ca==an defense 0001. Telephone (202) 789-6840J ceae. and security, seceleted enforcement teengeset F.oesshaw, i De NRC will notify the licensee that action. such as the lesunna of an ses,ese,y.

I

the mnference will be open to public i==adiately e5ective order, will be (FR Doc. 96-31408 Flied 12-4-06

10:50 aml

observation. Consistent with the taken before the conferene. In these ,, , , ,,,, -

j ogency's policy on open meetingp. " Staff casse a raaderence may be held mRor the

! Meeungs Open to Public." published ==aal=*=d enforcement action is taken.

! September 20.1994 (59 FR 48340), the POSM MRWCE VB. EseMee of Diemeien

NRCintends to announce open i i conferences normally at least to Sunshine Actlies Ang; Soard of l j working days in advance of conferences g through (1) notices posted in the Public A. Escaloilon of Knfon:ement Sanctions Govemore Notice of Vote to C he Meeting

Document Room.(2) a toll free i toisphone recording at 800-052-0674. 1.* *

• At its meeting as December 2.1996 (3) a toll-free electronic bulletin board at (e) Situations when the violation the Board of Goves nors of the United 800-952-9676, and on the World Wide results in a substantialinasese in risk. States Postal Servi e voted unanimously Web at the NRC OfBce of Enforcement including cases in wh the duration of to close to public c beervation its

, homepage (www.nrc. gov /OE). In the violation has con to the acInaduled for January 6.1997 j addition.the NRC normally will also anhatanilal incesse. in W . D.I L The -hars will I i issue a press release and notify . . . *- a be brhied on:(1) C beroosa Publication  !

t appropriate State liaison ofReers that a Prices:(2) a ed Bling with the predecisional enforcement conference 8. Mitigation of Enforcement Sanctions Postal Rate leion for Parcels;and

has been scheduled and that it is open * * * * *

(3) will canaidar h nding approval for

to public observation. 1. Ucensee. identified Severity level laternational Servi is Centers.

{ The public attending open IV Violations.The NRC. with the 'llie meetingis e ipected to be

conferences may observe but not approval of the Regional Ad=iatatrator m**=adad by the foi owing persons: )

participate in the conference. it is noted or als or her designes, may refrain from Governare Alvared z. Daniels, del Junco.

l that the purpose of conducting open issuing a Notice of Violation for a Dyhrkopp.Finese 1. M acide,

) conferences is not to maximize public Severity 14velIV violation that is McWherter Rider- ed Wintere j attendance, but rather to provide the darumanted in an inspction report (or Pa=*===*= Genere Runyon Deputy i public with opportunities to be o81cialI eld notes for some material Pa=*====8ar Genera Coughlin. Secreary i isformed of NRC acuvities consistent cases) and described therem as a Non. to the Board Koerb r.and General i with the NRC's ability to exercise its Cited Violation (NCV) provided that the Counsel Elcano.

l regulatory and safety responsibilities. inopction report includes a brief As to the first as I marnad item. the j 'Iherefore, members of the public will description ot the corrective action and Board deternuned het pursuant to a

be allowed access to the NRCregional that the violation meets allof the esction 552b(c)(3) < (title 5. United

offices to attend open enforcement following criteria

States Code, and as ction 7.3(c)of title conferences in accordance with the Is) It was identified by the licensee. 39. Code of Federe Regulations, this l

" Standard Operaung Procedures for , , , , , portion of the raes ing is exempt from j Providing Security Support for NRC hum M dapf the open meeting

iquirement of the Hearings and Meetings." published Decernw.19e6. Government in the Sunshine Act (5

November 1.1991 (56 FR 56251). These For the Nuclear Regulatory Commission. . 55M ben muse h is Meh to a procedures provide that visitors may be dimelana informatit n in connection with I subiect to personnel screening. that I*h* C 8'd** proceedings under Chapter 36 of title signs banners posters etc., not larger Sowaryof the Commissen. 39. United States C pde (having to do than 18" be permitted, and that IFK Doc. 96-31319 Filed 12-0-46; 8

45 em) with postal retoma ting. mail i disruptive persons may be removed. eumamos res**-* classification and a banges in postal The open conference will be terminated services), which is specifically if disruption interferes with a successful :-

exempted from dis :losure by section conference. NRC's Predecisional 410(c) of title 39. L alted States Code.

Enforcement Conferences (whether open MTAl. RATE CC dBASSION The Board has d termined further that or closed) normally will be held at the $52b(c)(10) of title 5.

NRC's regional offices or in NRC A*I U** N bursuant nited States to sectics Cada , and section 7.3(1) of Headquarters Offices and not in the senast or AasscT:P stal Rate title 39. Code of Fa seral Regulations, the vicinity of the licensee's facility. Commluion. discussion is exse $ because it is likely Members of the public attending o n to specifically con een participation of Test Asso dam 2:3( p.m. on December the Postal Service . n a civil action or conferences will be reminded that (1 the apparent violations discussed at 9.1996. proceeding involvi mg a determination 1 predecisional enforcement conferences M.Aca: Conference toorn.1333 H Street, on the record after opportunity for a l are subject to further review and may be NW., Suite 300, We shington, DC 20268. bearing.

subject to change prior to any resulting srAftss: Closed. As to the third ti rrn the Board enforcement action and (2) the determined that pi rouant to section l statements of views or expressions of IAATTMS TO M cosi uoEMD* Issues in $52b(c)(3) and (10 of title 5. United l opinion made by NRC employees at Docket No. C96-1. States Code: and o etion 410(c)(2) and predecisional enforcement conferences, coerracT Mueces M R tsons saponesATione: (3) of title 39. Unit d States Code: and or the lack thereof, are not intended td Margaret P. Ctensb iw, Secretary. Postal section7.3 (c) and I .) of title 39. Code of represent final determinations or beliefs. Rate Commission. ; ,uite 300,1333 H Federal Regulatfor i, the meeting is  !

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