ML20151K829

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Requests Assistance in Establishing Legal Requirement for NRC to Determine Impact of Year 2000 Computer Issue on Licensees & to Identify Legal Provisions & Actions Available to Agency to Implement Regulatory Responsibility
ML20151K829
Person / Time
Issue date: 03/18/1997
From: Galante A
NRC
To: Cyr K
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20151K779 List:
References
FOIA-97-219 NUDOCS 9708060169
Download: ML20151K829 (2)
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Attachment 2

  • t UNITED STATES g 'M y j NUCLEAR REGULATORY COMMISSION

% ,,,,,* l MEMORANDUM T0:

Karen D. Cyr -

General Counsel FROM: A. J. Galant  :

Chief Informa 10 Officer

SUBJECT:

YEAR 2000 COMPUTER ISSUE The purpose of this memorandum is to request your assistance in establishing the legal requ4rement for the NRC to determine the impact of the Year 2000 problem on its licensees and, if appropriate to identify the legal provisions and actions available to the agency to implement its regulatory responsibility. Further. I am requesting your assistance in establishing which of those* responsibilities and provisions are within the purview of the Chief Information Officer.

By information Notice 96-70 (attached). NRC alerted licensees to potential problems that Computer systems software may encounter as a result of the change to the new century. It was expected that licensees would review the information for applicability to their facilities and consider actions, as appropriate, to avoid potential problems. It was further indicated that for many licensees this issue may not prove to be a significant health and safety concern. However, to prevent any other potential problems this issue may precipitate licensees were encouraged to consider reviewing those programs that are used to meet licensing requirements or that have safety significance well before the turn of the century. Since NRC Information Notices do not require licensee response the status of the regulated industry with regard to this problem is still not well known.

It is my understanding that NRC has the regulatory responsibility and authority to verify licensees take the steps necessary to ensure computer systems software used in applications affecting reactor safety (i.e.,

thermohydraulics, fuel codes) is adequate to protect the public health and safety. The agency may have regulatory responsibilities in other areas. such as medical devices, as well.

80 9 970730 GDKEY97-219 ppg

Karen D. Cyr .

Focusing on the Year 2000 issue in too broad a context may significantly expand our role to all functions of systems software and place greater demands on the NRC regulatory process. Therefore, prior to taking further action. I would appreciate your assessment of the agency's legal responsibilities associated with the Year 2000 problem as it pertains to our oversight of licensed activities. .

Attachment:

As stated O

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l - UNITED STATES l *e NUCLEAR REGULATORY COMMISSION i OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS i OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON, D.C. 20555

! December 24,1996 1

l l NRC INFORMATION NOTICE 96-70: YEAR 2000 EFFECT ON COMPUTER SYSTEM i SOFTWARE

} Addressess i

  • l All U.S. Nuclear Regulatory Commesion licensees, certificate holders, and registrants j (hereafter referred to as licensees).

t I Purpose t

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice to alart addressees to the potental problems their computer systems and software may encounter as a result of the change to the new century. It is expected that recipients will review the j informabon for appiscability to their facilities and consider actions, as appropriate, to avoid j potential problems. However, suggestions contained in this information notice are not NRC  !

requirements; therefore, no specific schon nor written response is required. l l 1 I

l Desenchon of Circumstances -

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l Earter this year, the U.S. House of Representativas held hearings on an issue known as the j " Year 2000" software problem. These hearings identified that some of the most important j computer software used by the Federal government may not work conedly startmg in the i year 2000, because the software con only use single years or decades in performing  ;

l calculations; it miH not be able to recognize a change to the new century. Many computer  !

j systems will potentially fail to recognize this change to a new century and wB misread "00" or i the year 2000, as 1900, and thLs may cause the system to fall or generate faulty data. The i NRC, along with several other Federal agencies, is cuneney examining computer software

! used to support Agency func6ons that may be sWected. SpecNic problems teve airoedy been

! identined and wlE be conected. In some instances where future deems are used to schedule j actions, problems have airoedy occuned - wou before the end of the century.

j Discussion i

i The Year 2000 issue sNoces everyone. It wNI have an impact on State and local I govemments, NRC liconeses, and businesses. The magnitude of the Yser 2000 issue posas 1 a chabonge to aN those potentieby affected. Dates are involved in many focots of computer i systems and software. Neither industry nor the Federal govemment has yet identined the

scope of the situation l

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i Gkus.200 bh .

IN 96-70

December 24,1996

- Page 2 of 3 This issue may affect NRC licensees in many different ways. For example, computer software used to calculate dose or to account for radioactive decay may not recognize the tum of the century, which could lead to incorrectly calculated doses or exposure timsa for treatment planning. Other examples of software that may be effected include secunty control, radiation monitoring, technical Wahn survemance testing, and accumulated bum up programs. Also, equipment that liconoces have purchased may contain computer software susceptible to the Year 2000 problam. The problem could occur not only in computer software or dets that have been acquired kom extemal sou'cos, but also in programs developed by leoneses or consultants For many liconeses, this issue may not prove to be a significant health and safety concom. However, to prevent any other potential problems this issue may precipitate, noensees are encouraged to examine their uses of computer systems and software well before the tum of the century, in assessing computer software, licensees may want to consider reviewing those programs that are used to meet licensing requirements or those that have safety significance.

To faciletate the exmange of information among licensees, NRC, and the putsc, informaten reisted to the Year 2000 problem is posted on NRC's World Wide Web server (www.ntc. gov.)

under the " News and information" option An example of information that has already been posted is contract language developed by the Federal govemment for acquisition of new informaton technology to avoid the Year 2000 problem. In addition to the information presented on NRC's homepage, en iritsmet list server has boon established to encourage discussion of Year 2000 issues. To subscribe to this list, intemet e mail may be sent to listproc@nte. gov with the message: subscribe year-2000 usemame, where the usemame is the first and last name of the individual maldng the request (e.g., John Doe).

Licensees may wish to consider what actions may be appropriate to examine and evaluate their software systems, and whether to designate an individual to monitor the continuing edivities in govemment and industry to determine the extent of potential problems and proposed solutions. Any additional contact regarding the Year 2000 problem betwson NRC and leonsees wM be made through the addressee of this information notice, unises a separate point of contact is designated by the lioenees. Licorneos who wish to designate a separate pair 4 of contact should pmvide the contact name and andross, inciuding telephone and fax numter and email address if evenable, to the appropriate technical contact of this information notice. Holders of Title 10 of the Code of Federal Raoulaligns (CFR) Part 50 unenses are requested to provide this informanon to the appropriate omos of Nudear Reactor Reguistion (NRR) project manager (courtesy copy to the NRR technical contact usted telow).

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, IN 96-70 l

December 24,1996 j *l Page 3 of 3 1 .

] This information notice requires no specific action nor wntten response. If you have any d

questions about the information in this notice, please contact the technical contacts listed i below or the appropriate regional office.

I l fgghf , f _

! ^^

i Donald A. Cool, Desctor Thomas T. Martin, Director j DMeion of industrial and Division of Reactor Program Management

Medmal Nacisar Safety Office of Nucisar Reactor Regulation i Office of Nucisar Material Safety I and Safeguards l

l Technical contacts: Mark A. Sitek, NMSS i j (301) 415 6155 l E-mail: mass @nrc. gov i Michael Kaltman, NRR j (301) 415-2905  :

4 E-mail: mxk2@nrc. gov  ;

i Attachments:

l 1. List of Recently issued NMSS information Notices

. 2. List of Recently issued NRC Information Notices ,

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  • Attachment 3

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Congregg of tije 1Hn(teh 6tates l Rouse of Representatibeg Nadington, DC 20515 4

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i I March 26,1997 l l

4 Ms. Shirley Ann Jackson '

! Chairman i

Nuclear Regulatory Commission l

l Washington, DC 20555  !

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Dear Ms. Jackson:

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i Pursuant to their responsibilities under Article I of the U.S. Constitution and Rules X l

and XI of the Rules of the U.S. House of Representatives, the Committee on' >

Govemment Reform and Oversight's Subcommittee on Govemment Management.

Information and Technology and the Committee on Science's Subcommittee on i

Technology are conducting a continuing inquiry into the ability of information technology

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systems to properly process year date fields on January 1,2000. This "Yoar 2000" i problem results from program software that uses only two digit fields to recognize the year. Consequently, many computer programs and embedded microchips will fall to recognize the change in century and misread *00" or the year 2000 as 1900.

Our two subcommittees conducted a joint hearing on March 20,1997 on the risks and potential consequences connected with the Year 2000 technology problem. Several of our witnesses underscored their concems about the potentially serious health and safety consequences associated with the failurs of electronic dev~mes containing embedded microchips. Many of these devices, performing date-based computations, i may malfuncdon in the year 2000. Consumers need to be better informed about potential problems with products containing these embedded microchips. To assist the l subcommittees in their oversight responsibilities, answer the following questions:

1. Does your agency have a plan for assessing the Year 2000 vulnerability of microchips in electronic devices subject to regulation by your agency, in

. use by your agency, or that might be purchased by your agency?

2. If a plan exists, provide a copy to the subcommittees. If no plan exists, is such an assessment under way, and when do you expect it to be completed?

cpan% 1 %o 3 N , . -

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3. Have officials of your agency communicated with private industry about I

j the ,>otential consequences of the Year 2000 technology problem associated with electronic devices containing embedded microchips? If 1

I not, why not? .

4. Who within your agency has designated responsibility for addressing the nsks associated with possible malfunctions of electronic devices i

! containing embedded microchips?

I f Your fun and complete responses to these questions wlN be very helpful to the j subcommittees. Please supply all requested information by the close of business, J

Friday, April 25, igg 7 to B-373 Raybum House Office Building. If you have any j questions regarding this matter, please contact Mark Uncepher, counsel, or John Hynes

- at the Subcommittee on Govemment Management, Information and Technology at 202-l 225-5147. '

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Sincerely, I

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{ stance More , hairman

! Stephe Hom, Chairman SubcommRtee on Technology Subcommittee on Go'vemment Management.

l i Information and Technology 5

Bart Gordon, Ranking Member Carolyn Ma , Ranking Member t Subcommittee on Technology i Subcommittee on Govemment Management, information and Technology i

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