ML20195H271
| ML20195H271 | |
| Person / Time | |
|---|---|
| Issue date: | 05/11/1999 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20195H255 | List: |
| References | |
| REF-10CFR9.7 SECY-99-087-C, SECY-99-87-C, NUDOCS 9906160317 | |
| Download: ML20195H271 (2) | |
Text
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NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
CHAIRMAN JACKSON
SUBJECT:
SECY-99-087 - PROPOSED STRATEGY TO REVISE THE ENFORCEMENT POLICY TO ADDRESS THE PROCESS l
FOR ASSESSING SIGNIFICANCE AND ASSIGNING SEVERITY LEVELS OF NONCOMPLIANCES (INCLUDING REGULATORY SIGNIFICANCE AND RISK) in part in part Approved X
Disapproved X
Abstain Not Participating COMMENTS:
SEE ATTACHED COMMENTS
/ b b-SIGNAT@RE May 11, 1999 DATE l
Entered on "AS" Yes X
No Is"I$f[s MOI" CORRESPONDENCE PDR
q c.
a...
Chairmaniackson's Comments on SECY-99-087 I approve in part, disapprove in part the staff reca.i..cadations transmitted in the subject paper. In the order in which the staff provides the recommendations:
I approve' the staff recommendation that the Enforcement Policy be modified to state explicitly o
I.
that risk considerations can be used to raise or lower the severity of the examples provided in
- the Supplements to the Policy.
2.
. I approve the deletion of the term " Regulatory Significance" from the Policy.
3.
I approve of the staff proposal to base the significance of a particular violation on actual safety consequences a
potential safety consequences, including the consideration of risk information (in fact, I a
consider risk insights to offer an excellent way to establish potential consequences) potential for ima**ing the ability of the NRC to perform its regulatory function any willful aspects of the violation 4.
I approve the amending of Section IV of the Policy to address the subjects covered immediately above, with the following exceptions:
lihe aggregation of violations should be eliminated. I concur with the staff position,
. expressed in the context of the new oversight program, that the consideration of multiple examples of violations in a given area of emphasis is best done through the
- assessment proces#. In the intervening period leading to the implementation of the new oversight process, I see no reason why the existing assessment process cannet carry out this role. It would appear to me that, at its hean, the process of assessment, any assessment, is (or should be) aimed at placing what is known about a particular subject in the appropriate context.
Using repetitiveness to increase the severity of a given violation should not be continued. Again, I find that the concern that this provision is meant to address to be best dealt with through the assessment process. If a licensee shows an inability to adequately address repetitive problems, the assessment of that licensee, and any
- subsequent agency action, should reflect this fact.
~ 5.
1 I approve of minor changes to the Commission's Statement on Safety and Compliance to remove references to regulatory significance.
6.
I disapprove of modifications to item C.7 of Policy Supplement I, " Reactor Operations," to increase the emphasis on potential safety consequences. My position on this matter is described in my comments on item 4, above.
7.
I approve of the staff proposal to forego risk informing the reactor supplements to the Policy cs provided in the CTM and the PRA Implementation Plan in deference to the actions to be carried out as pan of the integrated reactor oversight process. The staff should, hewever, remain mindful of the need to augment the Supplements to the Enforcement Policy as necessary to properly treat violations which are not amenable to the significance determination process described in SECY-99-007a.
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