ML20195H305
| ML20195H305 | |
| Person / Time | |
|---|---|
| Issue date: | 05/19/1999 |
| From: | Dicus G 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 9906160324 | |
| Download: ML20195H305 (2) | |
Text
n N OT ATIO N VOTE RESPONSE SHEET TO:'
Annette Vietti-Cook Secretary of the Commission FROM:
COMMISSIONER DICUS BUBJECT:
SECY-99-087 - PROPOSED STRATEGY TO REVISE THE ENFORCEMENT POLICY TO ADDRESS THE PROCESS FOR 3
AGSESSING SIGNIFICANCE AND ASSIGNING SEVERITY LEVELS OF NONCOMPLIANCES (INCLUDING REGULATORY SIGNIFICANCE AND RISK)
Approved X fin part) Disapproved X fin part)
Abstain Not Participating Request Discussion COMMENTS:
See Attached Comments ES e
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j Commissioner Dieus' Cornments on SECY-99-087 l.
I approve in part, and disapprove in part, the staff's recommendations of SECY-99-087.
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.I support Recommendaten 1. It is appropriate to use risk considerations to increase or decrease the seventy of a violation, and therefore, the Enforcement Policy should be amended to eQ state its use in this fashion.
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I support deletion of the term " regulatory significance" from the Enforcement Policy, as proposed in Recommendation 2.
i VAth respect to Recommendation 3, I support the retention and use of the concepts (a) actual afety consequences, (b) potential safety consequences, including consideration of risk s
irformation, (c) potential for impacting NRC's ability to perform its regulatory function, and (d)
Cny willful aspects of the violation.
-I support Recommendation 4 with the exception of aggregation of less significant violations.
' irto one of higher significance, and the use of repetitive violations to increase the seventy of a i
given violation. I agree with Cmr. Merrifield's comment that current regulatory tools are vailable to address performance concerns if staff is concemed about the frequency' and a
umber of less significant violations. In addition, if staff is concerned with material licensees i
n occiving less frequent inspections than reactor facilities, then it may be appropriate for staff to r
ircrease inspection activities of those specific licensees of concern in order to determine the
- lequacy of their actions, rather than maintaining an infrequent inspection schedule and using a
ggregation or repetiton to artificially raise the level of concern.
a 1
I support Recommendation 5, consistent with my comments on Recomrnendation 4.
l l tiisapprove Recommendation 6. Consistent with.my comments on Recommendation 4, I l
disapprove revision to Example C.7 of the Policy's Supplement 1 that would increase ernphasis on potential safety consequences.
I approve P.acommendation 7.
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20 8 03MYHH31143M 'llH Soitt4t 90 6C TV.4 19:10 66/90/61
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