ML20140E492

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Staff Requirements Memo Re SECY-97-035, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests & Experiments). Commission Approved Issuance of Proposed Regulatory Guidance to Implementation of 10CFR50.59
ML20140E492
Person / Time
Issue date: 04/25/1997
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 SECY-97-035-C, SECY-97-35-C, NUDOCS 9704280286
Download: ML20140E492 (2)


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April 25, 1997 eeeeeeeeeeeese4 eemoeoce e....

SECRETARY i

MEMORANDUM TO:

L. Joseph Callan Exec q'y Director for Operations e/q M7 W

FROM:

~Joh Hoyle Secretary

SUBJECT:

STAFF REQUIREMENTS - SECY-97-035 - PROPOSED REGULATORY GUIDANCE RELATED TO IMPLEMENTATION OF 10 CFR 50.59 (CHANGES, TESTS AND EXPERIMENTS)

The Commission has approved issuance of the proposed regulatory guidance related to implementation of 10 CFR 50.59, including discussion of possible policy issues and options, for a 60-day comment period.

(EDO)

(SECY Suspense:

5/9/97)

Foll'owing conclusion of the comment period, the staff should prepare a paper for tne Commission considering the public commente and Millstane Lessons Learned along with guidance provided on SECY-97-C"46, and provide recommendations for further improvements to the regulatory process.

As part of this paper, the staff should prepare a rulemaking plan for 10 CFR 50.59 that would consider both the recommendations discussed above-and a risk-informed approach (in accordance with the SRM on SECY-96-218) for both:

1) the threshold for, and/or review process of, an Unreviewed Safety Question, and 2) specifically, whether "small" or " negligible" increases in the probability or consequences of an accident or malfunction, as well as reductions in the margin of safety, can be allowed for certain systems without prior NRC review.

While the risk-informed approach is not intended to expand the scope of accidents considered in the 50.59 process, the staff should explore risk-informed options and determine the corresponding legal implications for Commission consideration.

This rulemaking plan should include an expedited schedule.

Any proposed rulemaking efforts should include how the necessary resources will be budgeted.

(EDO)

(SECY Suspense:

9/8/97)

SECY NOTE:

SECY-97-035 WAS RELEASED TO THE PUBLIC ON FEBRUARY 28, 1997.

THIS SRM AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL t

COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 h

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WORKING DAYS FROM THE DATE OF THIS SRM. o+m4 mm 280072

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5 b For the longer term, the staff should roevaluate the requirements set forth in 10 CFR 50.59, taking into consideration its ties to other regulatory requirements, such as Appendices A and B to 10 CFR Part 50, and develop an integrated approach that includes clear, con'3istent definitions and risk considerations.

This longer terra effort should not delay the rulemaking plan requested above.

(EDO)

(SECY Suspense:

4/24/98)

The following changes should be made on the first page of the Federal Recister notice and similar changes incorporated to make it clear that the NRC is requesting comment on Section IV,

" Policy Issues," of SECY-97-035.

1.

In line 7, change the parenthetical to read ' (including tests or experiments).'

2.

In line 17, insert a new sentence between the sentences which reads 'The paper also briefly discusses some policy issues related to potential rulemaking for 10 CFR 50.59.'

3.

In line 19, after the word ' guidance' insert 'or changes to the rule.'

cc:

Chairman 3ackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

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