ML20134E928
| ML20134E928 | |
| Person / Time | |
|---|---|
| Issue date: | 01/29/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 SECY-96-147-C, SECY-96-249-C, NUDOCS 9702070162 | |
| Download: ML20134E928 (2) | |
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! t., NUCLEAR REG LATORY COMMISSI *N RELEASED TO THE PDR WASHINGTON, D.C. 20555-0001
- 5 5 c2 $ D hAb $ l January 29, 1997 U
OFFICE OF THE SECRETARY Hugh L. Thompson, Jr. l MEMORANDUM TO:
'Acti Executive Director for Operations l John (.
MM oylv, Secretary FROM: I O
SUBJECT:
STAFF REQUIREMENTS - SECY-96-249 - STAFF [
RESPONSE TO SRM ON SECY-96-147 REGARDING REDUCING NEED FOR EXEMPTIONS AND CONSISTENCY OF THE EXEMPTION PROCESS f I :
l The Commission has approved retaining (1) the current criteria !
) contained in 10 CFR 50.12 for considering exemption requests from !
l reactor licensees, and (2) the current general criteria for L considering specific exemptions requested by materials licensees. ;
In addition, the Commission agrees that the staff's own internal !
process for the staff's evaluation of exemption requests is adequate. With regard to this internal staff review process, the l ;
l staff should develop more explicit guidance to ensure the !
! quality, objectivity and consistency of exemption packages. l (EDO) (SECY Suspense: 7/31/97) f The Commission is concerned, however, that'the recent Commission ;
focus on exemptions (to identify regulations that are unclear or !
difficult to comply with so that such regulations may be corrected) may have caused a misunderstanding by tM staf f and affected the application of the exemption criteria, resulting in 4 an attempt by the staff to limit or reduce the number of l' exemptions that.the NRC considers and grants. In fact, the Commission has not set any particular goals or limits on the number of exemption requests that can be considered or granted.
The Commission believes that the staff should apply the l
! regulatory criteria'for exemptions objectively and without a I preconceived notion that' exemptions should either be limited or circumscribed or, conversely, readily available for anyone who
! seeks an exemption. Objective evaluation of exemption requests will ensure that inappropriate regulatory requirements will be more readily identified through the number of exemption requests that are received, r
l SECY NOTE: THIS.SRM, SECY-96-249, AND THE COMMISSION VOTING ,
l RECORD CONTAINING THE VOTE SHEETS OF ALL
{
COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 'p hh i WORKING DAYS FROM THE DATE OF THIS SRM. ;
Silm l
9702070162 970129 PDR 10CFR OM '9 j PT9.7 ppR -
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l l If particular regulations are unclusr or difficult to comply with [
l such that they engender an inordinate volume of exerotion l l requests (so called " recurring exemptions") , the st.aff should j l seek promptly to modify and correct these regulations and, in the l l interim period before completion of the corrective rulemaking, !
grant those exemptions that are properly justified under the l exemption criteria. In addressing the " recurring exemption" i problem, the staff should expeditiously proceed with the i rulemaking fixes to those regulations that have engendered I recurring exemption requests. These corrective rulemaking l l
actions should not be delayed to incorporate " performance-based" l regulatory concepts where such concepts are not necessary to l address the " recurring exemption" issue. . Candidate rulemaking +
activities resulting from reviews of experience with exemptions ;
should continue to be noted and progress reported in the l' l semiannual updates of the Rulemaking Activity Plan.
l As a general practice, the grant or denial of specific exemptions :
is purely a staff responsibility that does not involve the .
Commissioners. However, the Commission reserves to itself the !
responsibility for policy determinations that guide these staff l actions. To allow for routine Commission monitoring (for l
" recurring exemption" requests), the staff should include in the :
semiannual updates of the Rulemaking Activity Plan a listing'and !
cescription of the applications for exemptions that have been I received and the exemption applications that have been granted or j denied during the period which is the subject of the semiannual l update. ;
i cc: Chairman Jackson !
Commissioner Rogers i Commissioner Dicus Commissioner Diaz Commissioner McGaffigan l
WC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) l l
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