ML20151K616
| ML20151K616 | |
| Person / Time | |
|---|---|
| Issue date: | 01/09/1985 |
| From: | Eisenhut D Office of Nuclear Reactor Regulation |
| To: | Axelrad J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20151G218 | List: |
| References | |
| FOIA-88-353, RTR-NUREG-0737, RTR-NUREG-737 NUDOCS 8501210322 | |
| Download: ML20151K616 (2) | |
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- o, UNITED STATES
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NUCLEAR REGULATORY COMMISSION e
W ASHING TON. D. C. 20S55 s, -
p p 0 0 1335 MEMORANDUM FOR:
Jane Axelrad, Director of Enforcement Office of Inspection ard Enforcement FROM:
Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Peactor Regulation q
SUBJELT:
IMPLEMENTATION OF ACTIONS REQUIRED BY NUREG-0737 j
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We have reviewed your memo of April 12, 1984, regarding appropriate er.forcement i
actions on our ordered dates, for NUREG-0737.
You should be aware that the majority of dates ordered have been negotiated on a plant by plant basis.
We expect licensees to complete implementation by the ordered dates. My recomendation is to inform the Regions that the bulk of NUREG-0737 items (except Supplement 1) should now be compleste er very near complete.
Enforcement action should be taken based on inspections conducted in the future.
I would also encourage that an active inspection program to ensure the implementation of NUREG-0737 items be continued.
We are presently reviewing Technical Specifications for NUREG-0737 items covered N
by Confirnatory Orders. Technical Specifications on the large majority of these items have been imposed. The Technical Specifications on thete items will aid the Regional Staff in verifying implementatior of these items.
There ray be some cases which may require enforcement actions to be taken.
The followiro guidance is suggested in such cases.
The dates established in orders are legal requirements.4ust like Technicat Specifications. The mere request for an extension of a date does not relieve the licensee from ennpliance unless a request is submitted to the sta'f well in advance of the due date and the reoutst is granted prior to the orderet date.
A number of factors night be considered in detennining the recessity of enforcement action, as well as the severity of the action, for feilure to 'neet an ordered date.
Factors to consider include the potertial harm by not meeting the recuirerent, reasonableness of compensatory measures, timeliness of the extension request, degree of effort teken in attempting to eneply, and circumstances beyepd the licensee's control.
We have aho issued a large number of Corfirmatory Orders for the items covered in Supplement I to NUREG-0737. Licensees shnuld consider these orders as a strong comitment from their organization, and every effort should be made to meet the schedule dates. The dates certained in the Confimatory Orders are enforcePble, and the above discussion applies as to the recessity of enforcement action.
In sumary, the majority of items covered by nrders, which wara issued prior to 1984, are now complete.
The regional staff should use the factors presented abeve for any enforcement action in cases where noncomoliance is found.
In my judgment, enforcement actions should be considered as we rove into the Second Quarter FYB5 f
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NOV 21 Spl EGM 85-05A MEMORAN0lf4 FOR:
T. E. Murley, Regional Administrator, Region !
J. N. Grace, Regional Administrator, Pegion !!
J. G. Keppler, Regional Administrator, Region !![
R. D. Martin, Regional Admf9istrator, Region IV J.
- Martin, Regional Admin 11trator, Region V FROM:
Harold R. Denton, Directc*
Office of Nuclear Reactor Regulatio.1 James M. Taylor, Director 01fice of Inspection and C,iforcement
SUBJECT:
RELIEF FROM TECHNICAL SPEC!FICATION LCO'S Thls memorandum supersedes t:GN 85-05 dated July 15, 1985 on the above-captioned subject.
Its purpose is to clarify that two paths exist to grant relief from technical specification limiting conditions for operation (TS LCO's) that vould unnecessarily require shutdowr or delay startup absent some relief.
EGM 85-05 described one path for granting relief.
It applie6 to those sit 9ations in which a license amendment was required but could not be procened befbra the limiting condition for cperations action statement time limit expired. Under those circumstances, the memorandum stated that a litersee could seek a tem;,orary waiver of compliance with the TS l.C0 for a sufficient reriod of time to allow the staff to process an emergency licanse amendment.
The responsible Assistant Director of the Division of Licensing in NRR, with the concurrence of the responsible Regional Division Director, may grant a terporary waiver of compliance with the requirement if the licensee has rfem nstrated in a wPitter, submittal provided before the TS LCO expires that the plar: can safely continue to operate without compliance with the technical specification during the time it will take to process the amendment request.
The waiver should be docurented by the Division of Licenaing, NRR and should Le for a fixed period of time, normally not to exceed the *wo working days it takes to process an emergency amendment. Although the licensee is in technical non-compliance during the waiver period, enforcement action will not be taken for the pericJ during which the waiver is in effect.
The responsible Assistant Director in the Division of Liunsing in 5 RR should proceed to expeditiously process the arrendatnt request, in accordance with existing procedures for emergency ar,endments.
If it u detemined during the processing of tha amendment that it raises a significant hazards consideration, the amendment should not be granted without prior notice and an opportunity for a hearing.
In addit 4n, if during the processing of the ameadnent such a finding is made, any temporary waiver is t be irmediately suspended and compliance with the action staterent should be required.
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NOV 2 ] B65 Regional Administrators -~
l In addition to the situation described above, enforcement discretion may be used tc grant ralief from TS LCO's in certain limited circumstances in which a license amendment wc,uld not be appropriate.
Use of such relief is expected to occur infrequently : a -hould be for good cause.
Under these limited circumstances a follow-up emergenc, '
,andment is not nomally needed.
We are delegating the authority to grar.t. -
r liet orily to the Regional Administrator and the 1
authority is not further e 'c ble except to an Acting Regional Administrator.
Furthermore, such relief 5 J be given only if 1t is clear that operating in excess of the TS LCO acti catement for the period of time that relief will i
be granted will not place tne plant in an unsafe condition.
To enable the responsible program offices to monitor and evaluate the use of this approach, whenever enforcement discretion is used as 6 scribed above to grant relief from TS LCO's, the circumstances should be documented and a copy o~ the documencation should be promptly sent to the Director, Office of Nuclear Reactor Regulation and the Director 0,'fice of Inspection and Enforcement.
If a TS LCO will.be exceeded before a license amendment can be granted, or if enforcement discretion is not exercised by the Regional Administrator to grant relief, the licensee nust take the action required by the action statement accompanying tne LCO. Of course, a licensee may depart from its technical specifications, pursuant to the provisions of 10 CFR 50.54(x), without prior NRC approval in an emergency when it must act imediately to protut the public health and safety, Harold R. Denton, Director Office of Nuclear Reactor Regulation
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.m mes M. Taylo Di rector j
ffice of Inspection and Enforcement
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