ML20147G481

Summary of 970303 Meeting W/Nuclear Energy Institute in Rockville,Md Re Enforcement Policy Issues.List of Meeting Attendees Encl

ML20147G481
Person / Time
Issue date:	03/24/1997
From:	Stewart Magruder NRC (Affiliation Not Assigned)
To:	Matthews D NRC (Affiliation Not Assigned)
References
PROJECT-689 NUDOCS 9703280168
Download: ML20147G481 (6)

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UNITED STATES E

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

• * * * *,e Ma'ch 24, 1997 r

MEMORANDUM T0: David B. liatthews, Chief Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation a'

FROM:

Stewart L. Magruder, Project Manager j

Generic Issues and Environmental AQ-LitQ,,

Projects Branch V

Division of Reactor Program Management Office of Nuclear Reactor Regulation

SUMMARY

OF MARCH 3, 1997, MEETING WITH THE NUCLEAR ENERGY INSTITUTE (NEI) REGARDING ENFORCEMENT POLICY ISSUES On March 3, 1997, representatives of NEI met with representatives of the Nuclear Regulatory Commission (NRC) at the NRC's offices in Rockville, Maryland. Attachment 1 provides a list of meeting attendees.

The meeting was requested by NEI to discuss a concern in the nuclear industry that (1) there is uncertainty in the regulatory process when enforcement action is taken after a licensee believes they have followed applicable i

guidance, and (2) enforcement action is being used to make new interpretations i

of existing rules and guidance. The meeting was attended by representatives of the NRC's Office of Nuclear Reactor Regulation (NRR), Office of Enforcement (OE) and Office of the Executive Director for Operations (OED0).

The NEI representatives opened the meeting by emphasizing that the industry believes that consistency in enforcement actions is of paramount importance.

They also stated that all enforcement actions are studied across the industry and that licensees often change th61r programs based on NRC enforcement actions. The HEI representatives stated that they had requested the meeting to inform the staff of the industry concerns and that the goal of the meeting was not to get any commitments from the staff, but rather, to make the staff aware of the issues. The NEI representatives stated that most of the apparent inconsistencies in enforcement actions involve Severity Level IV violations.

They stated that the perception in the industry is that the NRC staff does not take Level IV violations seriously and that the staff underestimates the impact that these violations have on licensees.

The NEI representatives next briefly discussed some specific examples of where they felt enforcement actions had been taken inappropriately.

The examples included violations of 10 CFR 50.65; 10 CFR 50.72; 10 CFR 50, Appendix B; and 10 CFR 50.59. The NRC staff present at the meeting were familiar with all of b

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D. Matthews March 24, 1997 the examples, however, they noted that it was useful to hear the issues again.

The staff also noted that further effort may be warranted to improve the consistency of non-escalated enforcement actions and the Office of Enforcement and NRR are currently conducting an audit of past non-escalated enforcement actions.

Project No. 689 i

Attachments: As stated cc: See next page t'

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s D. Matthews March 24, 1997 i

the examples, however, they noted that it was useful to hear the issues again.

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The staff also noted that further effort may be warranted to improve the consistency of non-escalated enforcement actions and the Office of Enforcement i

and NRR are currently conducting an audit of past non-escalated enforcement actions.

Project No. 689 Attachments: As stated cc: See next page l

DISTRIBUTION:

See attached page Document Name: G:\\SLM1\\MSUM0303.97 To receive a copy of this document, indicate in the bgx:

"C" - Copy without attachment / enclosure "E" - Copy with attachment /enclospre "N" A th / copy 0FFICE PM:PEGB lE 0E IW'6 Wl SC:PGEB M M l BC: PES (/l/

NAME SMagruder:sw e JLiebernah FAkstul@Eiz DMatfhNs DATE 03Ai/97 03/p /97 03/q\\/97

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03/LL//97 0FFICIAL RECORD COPY l

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Distribution: Mtg. w/NEI Re Enforcement Issues Dated March 24, 1997 Hard Copy r

Project File y

PUBLIC V

PGEB R/F OGC ACRS SMagruder EMail SCollins/FMiraglia AThadani RZimmerman BSheron TMartin MSlosson GHolahan s

t-DMatthews BBoger LSpessard FAkstu'iewicz

'SMagruder SBlack RCorreia WScott JWilcox DTaylor TBergman JLieberman, OE DNelson, OE PSantiago, ED0 a

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r NRC/NEI NEETING ON ENFORCEMENT ISSUES LIST OF ATTENDEES i

March 3, 1997 i

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N8HE ORGANIZATION i

Ralph Beedle NEI Tony Pietrangelo NEI Doug Walters NEI Biff Bradley NEI Ellen Ginsberg NEI Nike Neal NUS-LIS Altheia Wyche Bechtel/SERCH Jim Lieberman NRC/0E f

Dave Nelson NRC/0E

-Pat Santiago NRC/0EDO i

Roy Zimmerman NRC/NRR Bruce Boger NRC/NRR i

Lee Spessard NRC/NRR l

Suzanne Black NRC/NRR l

Richard Correia NRC/NRR Wayne Scott NRC/NRR J.D. Wilcox NRC/NRR Don Taylor NRC/NRR l

Tom Bergman NRC/NRR i

Stu Nagruder-NRC/NRR j

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NEI Project No. 689 l

cc:

Mr. Ralph Beedle Mr. Thomas Tipton, Vice President Senior Vice President Operations and Chief Nuclear Officer Nuclear Energy Institute Nuclear Energy Institute Suite 403 Suite 400 1776 I Street, NW 1776 I Street, NW Washinton, DC 20006-3708 Washington, DC 20006-3708 P

Mr. Alex Marion, Director Mr. Jim Davis, Director Programs Operations Nuclear Energy Institute Nuclear Energy Institute Suite 400 Suite 400 1776 I Street, NW 1776 I Street, NW Washington, DC 20006-3708 Washington, DC 20006-3708 Mr. David Modeen, Director Ms. Lynnette Hendricks, Director Engineering Plant Support Nuclear Energy Institute Nuclear Energy Institute Suito 400 Suite 400 1776 I Street, NW 1776 I Street, NW Washington, DC 20006-3708 Washington, DC 20006-3708 Mr. Anthony Pietrangelo, Director Licensing Nuclear Energy Institute j

Suite 400 1776 I Street, NW Washington, DC 20006-3708 Mr. Ronald Simard, Director Advanced Technology Nuclear Energy Institute Suite 400 i

1776 I Street, NW Washington, DC 20006-3708 i

Mr. Nicholas J. Liparulo, Manager Nuclear Safety and Regulatory Activities Nuclear and Advanced Technology Division Westinghouse Electric Corporation P.O. Box 355 Pittsburgh, Pennsylvania 15230 l

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