ML20147H101
| ML20147H101 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1996 |
| From: | Lopezotin M NRC |
| To: | Hart K NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20147H050 | List: |
| References | |
| FOIA-96-466 SECY-96-189-C, NUDOCS 9704020150 | |
| Download: ML20147H101 (3) | |
Text
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o From:
Maria Lopez-Otin To:
KRH ga.y g he I
Date:
9/30/96 9:41am
/
Subject:
- Ken, j
Please look at the attachment to the Commissioner's vote. On page 5, we want the entire phrase deleted, i.e., a period after facilities. The sentence would then read:
)
l The NRC has concluded that it requires information that can be used to verify j
compliance with the terms and conditions of your license (s) and NRC regulations, and i
assure that the plant USFAR(s) properly describe the facilities.
The deleted phrase restates language from 50.54(f), which is implied, and does not j
need to be repeated.
Sorry for the confusion, Maria CC:
MMS, MXK, BWJ, JRG 1
?
I l
1 9704020150 970327 PDR FOIA 4
WILLIAM 96-466 PDR
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/o 1 11 p,.
j OGC/GSM Draft September 26.-1996 PROPOSED ISSUE OUTLINE l
CURRENT LICENSING BASIS MILLSTONE LESSONS LEARNED I,
fundamental Issues:
A.
What requirements and Information are applicable to and legally binding upon the licensee during operation. " Legally binding" in this context means a legal requirement upon the licensee, a violation of which may be the basis for an enforcement action.
i L
(1)
The legally-binding licensing basis currently. al)s consist of the licg se (including any license conditions). technical soecifications.
i the NRC rules and regulations in iltle 10 of the Code of Federal
[
Regulations (CFR) and the FSAR.
l The important policy issue is to what extent certain Information,1,n,
addition to the above should be deemed or otherwise determined by regulation to be " legally bindin g This set of information includes.
but are not limited to,6censei chithin "confirmatnev bv" 9
fndresponsestonnticesgfviolat10%
1nformation.} g [T letters /orde.r.Gresponses/o 10 CFR 50.54(f) requests for:
., H*~.l.w w 4**4 h pdjf t ou r-o sent w3,:
(11)
Secondary issue: What information is necessary for licensee to comply W #
with its license, technical specifications. orders, and NRC
[g regulations. In a true, perfomance-based approach, this is not a QN consideration-the licensee is free to determine what information is i
necessary for it to assure compliance.
B.
What information is necessary for the NRC to assure that it fulfills its regulatory responsibilities under the Atomic Energy Act of 1954.'as amended (AEA) and other relevant statutes (e.g., Clean Air Act. Clean Water Act.
National Environmental Policy Act) with respect to operating nuclear Dowa" plants.
(i)
This entails determining: (1) what are the regulatory responsibilities of the NRC vis-a-vis operating NPPs (2) what NRC activities, and are necessary to fulfill that responsibili.ty (e.g.. inspections of operations. reviews against design basis), and (3) what information is necessary to perform those activities in an effective, timely and cost'-effective manner.
1 (ii)
Paramount regulatory responsibility: under Section 103 of AEA:
protecting the public health and safety and promoting the common l
l defense and security: under Section 182: provide adequate protection to public health and safety.
I i
(iii) [ Staff needs to delineate the necessary activities)
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)
l
e (iv)
[Stof f needs to cetine information n cessary;tnis is one area wnere tN e
Statf would discuss it'e relevan e of info'%3 tion and Jo"riitments made as part of CP end OL proceedings ]
11.
As each necessary NRC regulatory activity and the nature of information required to perform each activity is identified, then the following matters need to be addressed with respect to the information.
(1)
To what extent must information be "readily available" to NRC upon demand; versus what information must be in the hands of the NRC.
1 (11)
To what extent must this information be kept up to date.
(111) Towhatextentshouldlicenseehavethisinformation(fc3mpIieh)inone or more documents.
(ty)
To what extent must the NRC be notified of any changes in this information (including any change to the information that would no longer render the infcrmation subject to any recordkeeping/ reporting process requirements).
(v)
To what extent must changes to this information be subject to prior NRC review and approval (including any change to thie informattor. that would no longer render the Information subject to any recordkeeping/ reporting process requirements).
(vi)
What new information must be subject to these recordkeeping and reporting requirements, ar.d subject to requirements for NRC review and prior approval.
(vi)
What information should be available to the public.
(v11) To what extent should the public have an opportunity for hearing in conjunction with any NRC review and approval of the information.
Ill.
Once these matters are defined, then currrent NRC requirements and practices must be reviewed to determine whether they are sufficient to provide the necessary information in a manner consistent with NRC determinations on the matters in item 11.
above.
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