ML20195H018
| ML20195H018 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/05/1982 |
| From: | Haynes R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Gerusky T PENNSYLVANIA, COMMONWEALTH OF |
| Shared Package | |
| ML19313A855 | List: |
| References | |
| NUDOCS 8801130417 | |
| Download: ML20195H018 (14) | |
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, k (M'. I 631 PARK AVENUE KING OF P AUSSI A, PENNSYLV ANI A 19406 p
November 5,1982 A
cc:
J. Allan R. Starostecki T. Martin R. Shepherd
'.Mrenneman Commonwealth of Pennsylvania R. Hoefling Department of Environrnental Resources W. Kerr, OSP ATTN:
Thomas M. Gerusky, Director Resident inspectors fo Bureau of Radiation Protection PA facilities Post Office Box 2063 Harrisburg, Pennsylvania 17120 FNB - 11/15/82
Dear Mr. Gerusky:
Thank you for your letter of August 24, 1982 and your interest in having personnel of the Pennsylvania Department of Environmental Resources accompany NRC regional-based or resident inspectors as observers on inspections of nuclear power plants located in the Commonwealth of Pennsylvania.
For any inspection that you wish to observe, your point of contact in the Region I office is Richard Starostecki, Director, Division of Project and Resident Programs.
If accompaniment is approved by regional managemant, he will make appropriate arrangements with either the regional or resident ins pectors.
Usually one week's advance notice will be required of your in-terest in accompanying our inspectors.
You should make separate arrangements on a continuing basis with specific licensees to assure your entranc to th:ir facilities.
Because of the nature of investigations, which are normally conducted by a separate office of the Comission, and the requirement for a degree of con-fidentiality in the conduct of invcstigations, accompaniment of investigators normally would not be paroitted.
Enclosed with this letter is a Protocol for Accompaniment on NRC inspections that you. are requested to complete and return to this office.
The Protocol sur.r.urizes NRC policy in NRC ir.spection accompaniment and your' agraement to abide by the criteria contained therein.
Again, thank you 'for your interest in our regulatory program and we. look forward to cooperation with you.
Since rely, c
Rona C
yr s Regianal Administrator l1 Enclosere:
As Stated
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Protocol for Accompaniment on NRC Insoections Persons employed by the Pennsylvania Department of Environmental Resources may accompany NRC staff on inspections conducted by NRC Region I inspection personnel, under the following tems and conditions:
Specific approval for each accompaniment will be obtained from the 1.
NRC Region 1 Office prior to accompanying an NRC inspection.
2.
Accompaniment is limited to no more than two it)dividuals on any single inspection.
3.
Individuals accompanying NRC inspectors shall not, in any manner, interfere with the orderly conduct of the inspection.
NRC inspectors are authorized to refuse to pennit continued accompaniment by an individual whose conduct interferes with a fair and orderly inspection
- or whose conduct does not follow the terms and conditions included within this Protocol.
The reports of infonnation obtained by Stcto participants under this Protocol should be subject to supervisory review as are all findings of HRC inspecton.
4.
NRC inspectors will not normally object to the presence of individuals accompanying them during inspections or discussicns with the licer.ne The NRC regarding inspection matters covered by the accompaniment.
reserves the right to exclude such individuals on a cara-by-casa bnis any portion of an inspection or. a discussion iI the presence of su:.h frca) individuals hos the potential for impeding the inspector's ability to carry out his inspection.
5.
Notwithstaiding the other provisions of this Proto:.1, individut accompanying NRC inspectors will not normally be p:,vided access to proprietary infonntion or infomation ccncerning 0,n physical a wity plan for a facility.
Exceptions to this provision will be considered ca a case-by-case basis and may require executicq cf 'appropr,iate non-disclosure agreements.
6.
Individuals accompanying NRC inspectors pursuant to this Protocol do so at their own risk.
The Nuclear Regulatory Commission will accept no responsibility for injuries and exposures to hannful substances which may occur to such individuals during the inspection and will assume no liability for any incidents associated with the accompaniment.
. 4l Individuals accompanying NRC inspectors agree to waive all claims of liability against the Comission.
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TheNRCwillnotmakearrangementsforthepersonsaccompanyingthe 7.
NRC inspector to gain access to the licensee's facility, but will infom the licensee that the NRC has no objection to the specific individuals accompanying the NRC inspectors.
Arrangements to gain access to the licensee's facilities are the responsibility of the
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accompanying individual, subject to not disclosing the date of the inspection, s
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For the Comonwealth of Pennsylgania
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SU8 AGREEMENT 1 PERTAINING TO LOW-LEVEL RADIOACTIVE WASTE PACKAGE AND TRANSPORTATION INSPECTIONS BETWEEN THE-s COMMONWEALTH OF PENNSYLVANIA AND THE U.S. NUCLEAR REGULATORY COMMISSION This Subagreement is entered into under the provisions of the Memorandum of Understanding between the Commonwealth of Pennsylvania and the United States Nuclear Regulatory Commission effective November 4, 1986.
The Commonwealth of Pennsylvania, in fulfilling its obligations under the low-Level Radioactive Weste Policy Amendments Act of 1985 contemplates that it will na.ke periodic inspections of the areas of low-level radioactive waste packages and transport activities of generators located withire its borders if shipmants of such wt.ste are destined for disposal at a low-level radioactive waste disposal facility.
The United States Nuclear Regulatory Commission (NP.C or Commission) has the rtatutory responsibility to inspecc its licensees to dettraine'ccmpliance with NRC requitements, including requirements pertaining to tha shipu.ent, packaging In the and, transportation of 1cw-level radioactive waste destipod for disposci.
i exercise of this responsibility, the Comr.ission regularly conducts a review of the waste packaging and transportation programs of its licensees in:luding the licensees' procedures for quality assurance, packaging, marking, labeling and loading of vehicles. These )rogram reviews usually havo been found adequate tc ensure licensee compliance with the Commission's regulations regarding low-level radioactive waste packaging and transportation without the need for Commission inspection of each individual shipment.
Under Section 2741 of the Atomic Energy Act of 1954, as amended, the Commission in carrying out its licensing and regulatory responsibilities under the Act is authorized to enter into a Menorandum of Understanding (agreement) with any State to perform inspections or other functions on a cooperative basir While the Commission does not conduct as the Commission deems appropriate.
on-site inspections of every low-level radioactive waste shipment of its licensees, it desires to foster the goals of the low-level Radioactive Waste Policy Amendments Act of 1985, the Commonwealth of Pennsylvania, and the 3
Appalachian Compact.
I Accordingly, this Subagreement between the Commonwealth of Pennsylvania and.the j
NRC establishes mutually agreeable procedures whereby the Commonwealth may perform inspection functions for and on behalf of the Commission at certain NFC reactor and materials licensees' facilities which generate low-level radio-j cetive waste.
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It is hereby agreed between the Commission and the Comonwealth as follows:
The Comission hereby authorizes the Comonwealth to perform, for and on behalf of the Comission, the following functions with respect to 1.
low-level radioactive waste, as defined in Section 2(9) of the low-level Radioactive Waste Policy Amendments Act of 1985, in the possession of Comission licensees located within the Commonwealth:
Inspections to deternine compliance with the Comission's rules and regulations 'regarding waste packages and transportation of low-level (a) radioactive waste destined for disposal at a comercial low-level radioactive waste disposal site; and Notification of Comission licensees and the Comission in writing of (b)
All enforcement actions any findings disclosed by such inspections.
(such-as Notices of Yiolations, Civil Penalties or Orders) pursuant to this Subagreement resulting from such inspection findings will t,e ondertaken by the Comission.
The Comonwealth agrees to utilize personnel knowledgeable in radiation ssf tty, waste packaging requirem?nts, and packaging and tran regulations.
M NRC may provide training Subcgreement at r.o cost or erp?nse to the.
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to cmployces of the Cormonwealth at no expante to the Com.aon.calth
'ne Comission does not norns11y enluate (except trasel and per diem).
i the Comenwealth's ability to perform such functions; however, prior to Comenwealth qualification of inspectors, Corizonwealth managemen,
accompanied by an NP.C representative, will assess its inspectors pre-paredness to conduct independent inspecticns.
The authority to inspect NRC lichsees pursuant to the preceding paragrg.)
is limited to the licensees' low-level waste packages and low-level trans-2.
por'tation activities.
Specificaliy, this cuthority is limid.J to:
(a) Review, for understanding, the licensee's written proceduies; (b) Inspection of the licensee's written records; and (c) Inspection of completed packages and transportation activities.
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The authority does not include assessment of the adequacy of the licensee's written procedures, plant equipment, quality control programs, training programs or staffing. Specific implementing procedures are attached nereto which may be modified, as required.
In takin'g any action authorized hereunder, the Comonwealth shall not 3.
This Subagreement, undertake to amend or revoke Comission licenses.
however, shall not be construed to preclude the Comonwealth from exer-cising any authority lawfully available to it under its own laws.
Efforts will be madr by both parties to avoid duplicative enforcement action against an NRC licensee for the same inspection findings 4.
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this is not meant to preclude appropriate complementary actions for e
same inspection findings such as termination of A user pemit by the Comconwealth and NRC enforcement action.
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Nothing herein shall be deemed to authorize the Commonwealth to inspect or 5.
otherwise enter the premises of any licensee of the Commission which is a Federal instrumentality without the prior consent of the licensee.
Nothing herein shall be deemed to preclude or affect in any manner the 6.
authority ~of the Commission to perform any or all of the functions described herein.
Nothing herein is intended to restrict or expand the statutory authority 7.
of NRC or the Commonwealth or to affect or vary the terms of any agreement in ef fect under the authority of Section 274b. of the Atomic Energy Act of 1954, as amended.
Nothing herein shall be deemed to permit the Commonwealth to impose 8.
packaging or transport standards beyond those contained in Federal regulations.
The principal NRC contacts under this Subagreement shall be the Emergency 9.
Preparedness and Radiological Protection Branch Chief for reactor licen-sees and the Nuclear Materials Safety and Safeguards Branch Chief for materials licensees, both of whom are located in the Division of Radiation The principal Commonwealth coatact Safety and Safeguards, Region I, NRC.
shall be the Chief, Division of Nuclear Safety, Pennsylvania Bureau of Radiation Protection.
This Subagreement shall become effective upon signing by the Secr:tary, 10.
Department of Environmental Resources, Commonwealth of Pennsylvania, anJ the Regional Administrator, Region 1, Nuclear Regulatory Commission cad shall remain in effect permanently unless terminated by either party on thirty days prior written notice.
Cated this n^
day of 0.upt r-1987 at kh 4 b u'.
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- e FOR 1HE NUCLEAR REGULATORY COMMISSION a(A)W-T,'WY Regional Administrator FOR THE COMMONWEALTH OF PEN?iSYLVANI A 1
di G. W Secretary, Department of Environmental SEP1 J987 Cated:
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4 IMPLEMENTING PROCEDURES-SU8 AGREEMENT I PERTAININ RAD 10ACT!YE WASTE PACKAGE AND TRANSPORTATION INSPEC BETWEEN THE COMMONWEALTH OF PENNSYLVANIA AND THE NR 1.
TRAlHING Pennsylvania staff attendance at HRC Sponsored Courses A.
Pennsylvania staff may attend NRC sponsored training courses 1.
when mutually agreed upon by Pennsylvania and NRC.
Attendance at any particular course will be scheduled on 2.
a space available basis.
Staff applying for attendance must fulfill any necesscry 3.
course prerequisites.
Attendance will normally bc limited to 1-2 individual: et 4.
any one particular course.
Pennsylvania,will pay any transportation and per diem expenses 5.
except for coursos offered in connection with the Agrec :ent State Progrc:. where NRC pays for travel and per dica of State parsonnel sciccted to atte..d.
B.
On-tha-Jcb Training On-the-job training will be provided to the Pennsylvania staff in the conduct of inspections to detemine compliance with the 1.
requirements in 10 CFR Parts 20, 61 and 71,
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The training iccompanirents will normally be limited to NRC 2.
licensees located in the Comenwealth of Pennsylvania.
,The training acccmpaniments will follow the protocol set out 3.
Under in Mr. Haynes' Hovember 5,1982 letter to Mr. Gerusky.
l the protocol, the activities of'the individual accompanying the f
HRC inspector will,, be limited to observation and familiarization
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The NRC with plant activities and the NRC inspection process.
s inspector will be responsible for initiating action to correct any program deficiencies identified during the inspection through NRC's normal inspection and enforcement process.
Commonwealth of Pennsylvania staff accompanying the NRC inspector will normally be limited to two persons - the senior staff membe 4.
responsible for the program and the cognizant inspector for the plant being inspected.
Emphasis will be placed on training two senior Pennsylvania sta'-
who can learn this area quickly and who, in turn, can begin to 5.
train other Pennsylvania staff.
The training may also involve pre-inspection planning at the Regional office or in the NRC resident inspection office prior 6.
The Commonwealth inspection staff is exp:::-
to the inspection.
to have reviewed prior inspection reports, inspection findin;.
It i; and enforcement actions for the facility being inspected.
also expected that the Commonwealth inspectors are thoroughly knowledgeable of the NRC inspection procedures and reference These are important parts -
material cited in those procedures.
preparing for the inspection.
Tha training accompaniments will be provided by a Region base' 7.
inspector who routinely inspects waste packaging and transport-cctivities, not the resident inspector or THI-2 inspection stol-The contact for the training accompaniment' inspections at 8.
reactors will be the Chief. Emergency Preparedness and Radio-logical Protection Branch, Division of Radiation Safety and Safeguards.
be the Chief. Nuclear Materials Safety and Safeguards Branch, Division of Radiation Safety and Safeguards. If either of the above are not available the contact will be the Regional State liaison Officer.
Initiation of Indeper. dent Inspections by Pennsylvania Staff C.
The Commonwealth will ensure that its inspectors are qualified 1.
in accordance with NRC Inspection and Enforcement Manual Chapter i
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1245, or its equivalent, and will keep NRC informd of the s
Comonwealth inspectors that have been so qualified and certi-Prior to comonwealth qualification of inspectors.
fled.
Comonwealth management, accompanied by an NRC representative, will assess the perfemance of its inspectors during an inspection to detemine their preparedness to conduct indepen-Following the accompaniment, the NRC repre-dent inspections.
sentative will provide a critique to the inspector and his Periodically, Comonwealth management will supervisor.
accompany its inspectors during the perfomance of inspections Finally, NRC to verify the inspector's continued effectiveness.
will inform Comonwealth management of problems identified during the NRC review of Commonwealth inspection findings for appropriate corrective action.
Ccmonwealth inspectors may periodically acccmpany NRC inspec-
'2.
tors during NRC's programatic waste package and transportation inspections to maintain familiarity with a licensee's program The Comonwealth and NRC may and NRC inspecticn requirements.
also meet periodically to exchange infomation and discuss Comonwealth inspectors may also con-changes in procedures.
tact the region based and resident inspectors prior to or during the Comonwealth's independent inspection at the site.
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Arrangements to gain access to any licensee's facility are a
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responsibility of the Comonwealth.
Specifically, individuals planning to conduct inspections at reactor facilities s!.ould meet all licensee requirements for site access.
PROCEDURCSTOBEFOLLOWEDBYPENNSYLVANIAFORINSPECtIONSC II.
L'NDER THE SUSAGREEMENT Pennsylvania will perfom the following inspection activities A.
relating to 10 CFR 71:
As the
- 1. Examine the licensee's written waste shipment records.
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situation allows, observe completed packages so as to:
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, a. Verify that the licensee has marked the package with the applicable general and specific package markings which are required (49 CFR 172.300 through 310).
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4 Verify that for NRC-certified packages, or DOT-revalidated s
packages of foreign origin, the outside of the package is durably and legibly marked with the package identification marking indicated in the C0C or the DOT Competent Authority Certificate.
Verify that for non-exempted packages, the licensee provides b.
for and accomplishes labeling of each package with the appropriate category of R/.010ACT!YE (White-1, Yellow-11, or Yellow-!!!) label, one each on two opposite sides of the package; and accurate' > completes the entry of the required infoiaatico,in the bla.tk spaces jhereon (49 CFR 172, Subpart E).
Varify that the liccris1e provides 'for and accompl c.
radiatien er.c renovable surface contamination are within th ailowable limits (49 CFR D3.475(i)), 49 CFR 173.411, 4 173.443, and 10 CRF 71.87(1) and (j ).
the the licensce's writ'.en waste shipment records. A:
Exam!M 2.
situation alicws, observe actus.1 transport operations so as to:
W rify whether the licensee prepared the required shipping p :po. d:,curentt. tion, so as* to occurately iiiclude all of th?
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cpplicabla required elements of information, including th?
.'.ipper's certificate. [tiOTE: for licentee I,:ivat; n, tor vehicle shipments, the certificate is not required (.;9 Cf R 172,SubpartC).]
i Fcr non-exclusive use shipments, verify that the licensco I
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provides to a highway carrier or applies directly to a rcil vehicle, the required placards whenever he delivers any quantity of RADIOACTIVE-Yellow-III labeled packages to such carrier for transport (49 CFR 172.506'and 508).
l For erclusive use snipments, verify that the licensee as'sures that the package and vehicle radiation /contamin-c.
ation levels are within the regulatory) limits [49 CFR 173.475(i) and 10 CFR 71.87 (1) and (j ].
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Verify that except for uranium or thorium ores, the transport vehicle is placarded by the licensee when delivering to a carrier any exclusive-use shipment for which placarding (is required [49 CFR 172, Subpart F, and 173.425(b) 7)).
For exclusive use shipments, verify that shipping pacer documentation provided by the licensee to the carrier contains satisfactory instructions for r.uintenance of exclusive-use shipment centrols [49 CFR 173.441(c) and 49 CFR173.425(b)(9)).
Verify thit for exclusive-use shipments cf low-specific activity materials, the licenste has pres ided for the additionei spccific requirenents [49 Cr 173.425 (b)(1) throt;h(r)].
d.
Verify that the license 9 c cvides for r.:-ification (o the the dates of snipment and consignee before shipmer.t:
expect:M cerival, any special lo6 ding /v. iording or operatin:
instructions wh never any non-exempt it ;ile ascerivi and/or packages ccr.taining "highuty route con;-;Iled c,vantities" are iiivolved [49 CFR 173.22(b) and 10 C/F; 71.89].
Yorify that the licensee provides for aliance notification to the Dverno;' of a State, ur his desiguc, of at.y shipmerit c.
of radio::tive 1laste requiring Type B p;-kaging through, te,
.or acrcss a state boundary (10 CFR 71.97).
[ NOTE: This re-
- quirement is not the seme as that required for safeguards purposes pursusnt to 10 CFR 73.72.)
Review the licensec's records and reports to verify that a system.
3.
is in place to:
Maintain on file for two' years after shi,pment a record of a.
each shipment of licensed material (which is not exempt therefrom) and that such records contain the required information [10 CFR 71.87 and 10 CFR 71.91(a)].
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Report to the Director NMSS. within 30 days, any instances i
where there has been a significant redue. tion in the effectiveness of any packaging during 1:s use; providing l
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6 additionally the details of any defects of safety signifi-s cance to the packaging af ter first use and the means employed to repair such defects te prevent their recurrence (10CFR71.95).
Incediately report to DOT, when transporting licensed material as a private carrier, any incident that occurs in c.
which as a direct result of the radioactive material:
any person is killed; re'ceives injuries requiring hospitaliza-tion; property damage exceeds $50,000; or fire, breakage.
spillage, or suspected radioactive contamination occurs (49 CFR 171.15 and 49 CFR 171.16).
Pennsylv:nia will perform the following inspection activities relating to 10 C." ? arts 20 ard 61:
P.cv'.s the licensce's records and, as the situat'.i allows, 1.
obt./.'e actual packages and transport activities to verify tha*.
ea: shipment cf radioactive waste intended for cff-site disp ).O tc a brcter or a licensed land dispocal facility is acccmpani?-
shipmant manifest which incic!c; all of tne :: quired
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te in?: ration [10 CFR 20.311(b) and (c)].
Ravir< the licensee's documentation and records to determine 2.
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.:r procedures have been estahlisi:ed and are eing nain-
. to properly classified all lou-level wastei according t;
tc.. CFR 61.55.
Rc"few the licensee's documentation and records ta deterr.ine 3.
w:.e.ner procedures have been esteolishad and are t'aing main-ta' red, to properly characterize low-level waste til conformance wita the requirements of 10 CFR 61.56).
Review the licensee's records and as the situation allows, 4.
observe actual packages and transport activities to verify tha; each package of low-level waste intended for shipment i
to a licensed land disposal facility is labeled, as appro-priate, to identify it as Class A, B, or C waste in accor-der:e with the classification criteria of 10 CFP 61.55 [10 CFR20.311(d)(2)).
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Review the licensee's records and, as the situation ellows, s
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observe actual packages and transport activities to verify that the licensee has forwarded to recipieuts or delivered to waste collectors at the time of shipment, a copy of the waste manifest.
Verify that acknowledgement of receipt of the Verify that the licensee has a procedure manifest is obtained.
in place to effect an investigation in any instances wherein acknowledgement of receipt of the shipment has not t:een received.
within the specified periM.
Verify that procedures are in place to report such inveuigations to the appropriate NRC Regional Office and file the required written report [10 CFR 20.311(d),(e),(f), and (h)].
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Review the licensee's records to verify that the ap,'i' cable 6.
disposal site license conditions are being met.
Verify that the licensee has on file a current version of the dis g: $1 site license.
i Inspections perforred by the Co-ocnwealth for and on beht:? of the C.
Comission are not to include ttote elements of tMC inspr. ion proce-dures dealing with cvaluation of the licensea's writter, p md' ires, equipment, quality control proyc:as, training programs o
.tcffing.
III.. DOCUMENTATION Of INSPECTION FINDINGS i
mas Following each inspection, the Comonwealth will document the covered and findings of the inspectica in an inspection rep v. t.iing guidance set out in i;RC Inspection and Cnforce.aent sa3nual Cha:..:rs 0610 and 0611. Following Connonwealth ma'iagement approval, the report will be sent to the NRC conuct listed in Section 9 of the.54:Fec-ment with a copy to the licensee. The Comonwealth will compi f.e and forward the inspection report to the liRC within 30 days of cw.ple-tion of the inspection.
Following appropriate NRC review, the report will be placed in the Public Document Room and a request sent to the licensee by the NRC for proper corrective action if deemed necessary.
For those inspections performed by the Connonwealth which result in deficiencies in compliance with NRC regulations, the Comonw.alth shal' s
identify the deficiencies in the cover letter transmitting the report, m
'o specify that any enforcement action is a responsibili.., of the NRC.
addition, when any findings which would become a violstwn once the shipment departs the plant gate arc identified, such findings should N furnished to the licensee and the NPC Resident inspector before the It is the Connission's solo (ds-
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shipment departs the licensee's site.
cretion as to whether the licensee will be regtested or requi d to take 4
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c'orrective action or to respond to discrepancies in compliance with NRC q
Commonwealth regulations as a result of findings from these inspections.
inspectors will provide support to NRC during any hearings and other meetings relating to their inspections, as required.
IV.
CHANGES TO IMPLEMENTING PROCEDURES These implementing procedures may be changed by mutual written agreement
.between the Director, Division of Radiation Safety and Safeguards, NRC, and the Chief, Division of Nuclear Safety, Commonwealth of Pennsylvania.
FOR THE NUCLEAR REGULATORY COMMISSION
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Fivision of Radiation Safety and Safeguards Yu'.wS?'
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FOR THE COMMONWEALTH OF PENMSYLVANIA b d}m f0 Division of Nuclear Safety -
Dated: SCP7 /G
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