ML20197J413
| ML20197J413 | |
| Person / Time | |
|---|---|
| Issue date: | 12/23/1997 |
| From: | Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| References | |
| REF-WM-3 NUDOCS 9801020171 | |
| Download: ML20197J413 (18) | |
Text
___ _ _ _ _ _ - _ _ - - -
L *-- December 23, 1997 MEMORANDUM TO: James Lieberman, Director
- Office of Enforcement FROM: John W ' N.-- Hickey, Chief [0RIGINALSIGNEDBY:]
Low-Level Waste and Decommissioning Projects Branch Division of Waste Management -
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM ON TIMELINESS RULE As you may recall, we delayed issuance of the Enforcement Guidance Memorandum (EGM) for the " Timeliness in Decommissioning of Material Facilities" (Timeliness) Rule, in order tc clarify certain requirements. We have now coordinated with OGC and resolved those issues.
On August 12,1997, I provided guidance to the Regions on how to interpret the notification requirements of the Timeliness Rule. To expedite publication of the EGM, we have incorporated this guidance into the latest draft of the EGM provided to NMSS for review (Attachment 1). If this revision is satisfactory to OE, please prepare the final EGM.
CONTACT: John Buckley, NMSS/DWM (301) 415-6607 .
TICKET:DWM-106 DISTRIBUTION: . Central Filei DWM r/f-t/f NMSS r/f LLLP r/f PUBLIC CP:periello JGreeves MFederline DCool JPiccone
- SEE PREVIOUS CONCURRENCE DOCUMENT NAME:s:\dwm\lldp\jtb\DWM-106 OFC DWM DWM OGC DWhyb 4' NAME JBuckleyh8 LBell* RFonner* JHicYey DATE 12/l0/9h 12/ /97 12/ /97 12/.7d97 //
OFFICIAL RECORD COPY LSS: YES .x NO _ 9/ .2d ACNW: YES _ NO 1 IG , YES _ NO 1 Delete file after distribution: Yes 1 No _
PDR: YES 1 NO _
9801020171 971223
$3 PDR --f um - l
. e" tC a
( j u.- >
G \1 h he;
- $ % UNITED STATES g ) ( ,] NUCLEAR REGULATORY COMMISSION
, waswiwovow, o.c. soessaooi-
- ... .Decet er 23, 1997 MEMORANDUM TO: James Lieberman, Director Office of Enforcement ,
FROM: ~ John W. N. Hickey, Chief {llfkV ^ '
Low-Level Waste and De missioning Projects Branch Division of Waste Management
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM ON TIMELINESS RULE
'As you may recall, we delayed issuance of the Enforcement Guidancs Memorandum (EGM) for the " Timeliness in Decommissioning of Material Facilities" (Timeliness) Rule, in order to clarify certain requirements. We have now coordinated with OGC and resolved those issues.
On August 12,1997, I provided guidance to the Regions on how to interpret the notification requirements of the Timeliness Rule. To expedite publication of the EGM, we have incorporated this guidance into the latest draft of the EGM provided to NMSS for review (Attachment 1). If this revision is satisfactory to OE, please prepare the final EGM.
CONTACT: John Buckley, NMSS/DWM' (301)416-6607
' C aso u
)p %
j UNITE 3 STATES NUCLEAR REGULATORY COMMISSION
& WASHINGTON, D.C. 30486 4001
\*...*/ -
4 EGM XX-XXX -
MEMORANDUM TO: Hubert J. Miller, Regional Administrator -
Region i Stewart D. Ebneter, Regional Administrator Region ll A. Bill Beach, Regional Administrator Region Ill L. Joe Callan, Regional Administrator Region IV Roy Zimmerman, Associate Director for Projects, NRR Brian W. Sheron, Acting Associate Director for inspection and Technical Assessment, NRR Elizabeth Q. Ten Eyck, Director, Division of Fuel Cycle Safety and Safeguards, NMSS Donald A. Cool, Director, Division of Industrial and Medical Nuclear Safety, NMSS John T. Greeves, Director, Division of Waste Management, NMSS William D. Travers, Director, Spent Fuel Project Office, NMSS FROM: James Lieberman, Director Office of Enforcement c:
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM INTERIM GUIDANCE FOR THE " TIMELINESS IN DECOMMISSIONING OF MATERIAL FACILITIES" RULE The Enforcement Guidance Memorandum (EGM)is being issued to provide interim enforcement guidance for evaluating issues that may be identified during " Timeliness in Decommissioning of Material Facilities" Rule (known hereafter as the Timeliness Rule) record reviews. The attached guidelines have been developed in close coordination with the Division of Waste Management of NMSS.
Example C.11 of Supplement VI of the Enforcement Policy provides that vio'ations involving
. significant failure to meet decommissioning requirements should be considered for a Severity Level lli category. The guidelines in the attachment are intended to provide guidance to the NRC staff to facilitate consistent categorization of severity levels for failing to comply with the requirements of the Timeliness Rule and for processing cases under this rule. It is important to NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT Attachment
9 Multiple Addressees note that these guidelines are not currently contained in the Enforcement Polic, ind are,-
therefore, not controlling.- They should be used as guidance to assist in applying the Policy.
The staff intends to amend the Enforcement Manual to incorporate this EGM.
DISTRIBUTION:-
JLieberman, OE OE Staff Enforcement Coordinators (Also by E-Mail)
RI, Ril, Rlli, RIV EGM File Day File OE:ES - D:OE MLThomas JLieberman 7/ /97 7/ /97 g Doc Name:- G:\DECOM$$\ TIMELY.MLT NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT
Strateav for Enforcina Timeliness Rule Reauirements Backaround:
The Timeliness Rule amended 10 CFR Parts 30,40,70, and 72, and established definitive criteria for timely decommissioning upon termination of operations. The Timeliness Rule establishes requirements for notifying the NRC of pending decommissioning actions and cessation in licensee operations, establishes requirements for when decommissioning plans r,eed to be submitted, and establishes requirements for completing decommissioning activities.
The regulations also allow licensees to request relief from the timing of requirements where justified.
NRC issued Administrative Letter 96-05, on November 5,1996 to assure that licensees were aware of their responsibilities under the Timeliness Rule and acceptable methods of fulfilling their responsibilities. The Timeliness Rule applies to decommissioning of the entire site at the end of all licensed activities at the site (i.e., "end-of-license" decommissioning) as well as of separate ouildings and outdoor areas (including inactive burial grounds) where licensed activities have ceased (i.e., "end-of-use) while licensed activities continue to be conducted at other locations on the site. l Administrative Letter 96-05 stated that the requirements of the Timeliness Rule apply to l
possession-only (including possestbn for storage-only licensees). NMSS management subsequently determined that the Timeliness Rule will not be applied to storage-only or posession-only licensees, as long as authorized material is actually in storage. These licenses will be addressed at renewal.
Administrative Letter 96-05 also stated the notification requirements under the Timeliness Rule. l NMSS management subsequently determined that Licensees are not required to notify NRC when a decision is made to permanently cease principal activities in any separate building or outdoor area UNLESS the separate building or outdoor area contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements. Further, Licensees are not required to notify NRC when no principal activities have been conducted for a period of 24 months in any separate building or outdoor area UNLESS the separate building or outdoor area contains residual radioactivity such that the building or outdoor bres is unsuitable for release in accordance with NRC requirements.
The staff will assess licensee compliance with the Timeliness Rule through review of licensee document submittals and site inspections.
NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT
2 Discussion In reviewing licensee records, NRC license reviewers, inspectors, and other NRC staff may identify licensees who appear to be out of compliance with the requirements of the Timeliness Rule For enforcement poses, there are two general compliance dates associated with the Timeliness Rule for many ncensees,
-1. August 15,1996 - If principal activities ceased and wntten notification was made to NRC prior to the effective date of the Timeliness Rule (August 15,1994) then August 15,1994 is considered to be the date for initiating tile decommissioning process. Therefore, for some licensees, the decommissioning process should have been completed by August 15,1996.
- 2. October 15,1996 - If principal activities ceased prior to the effective date of the Timeliness Rule, but no written notification was submitted to the NRC. then the 24 month period of inactivity is considered to begin on August 15,1994, and therefore the licensee should have provided written notification to the NRC within 60 days of August 15,1996, which is October 15,1996. l Additional compliance requirements, for specific situations, are also identified in the Timeliness Rule. Licensees who find themselves out of compliance with the Timeliness Rule have been directed to take immediate corrective action as specified in Information Notice 96-28,
" Suggested Guidance Related to Development and implementation of Corrective Action," dated.
May 1,1996.
Licensees subject to requirements of the Timeliness Rule, and ceirrently not in comoliancQ with the requirements of the Timeliness Rule, may be subject to enfo cement anions. NMSS will issue guidance concerning the review of licensee documents and e.vnactations for documenting apparent violations. (Normally, tha staff in the regions will initiate enforcement actions concerning their licensees, and the staff in the Divisions of Waste Management and Fuel Cycle Safety and Safeguards will initiate enforcement actions concerning licenses managed in their respective organizations.)
For violations discovered during document reviews, the staff will provide the licensee with a letter indicating that an apparent violation has been identified. Since there will not be an inspection report, this letter will serve to document the violations. It is expected to be clear on what is the apparent violation. Examples are provided in the attached FORM 2-l: Cover Letter Transmittina an Aogarent Violation of Timeliness Rune Fuauirements as a Result of a Records Review and Reauestino Resoonse. Examples of violations for 10 CFR 30.36 that could occur are as follows:
NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT
. A. 10 CFR 30.36(d) requires that within 60 days of the occurrence of any of the following, licensees shall provide notification to NRC in writing of such occurrence:
(1) the License has expired; (2) the licensee has decided to permanently cease principal activities at the entire site; (3) the licensee has decided to permanently cease principal activities in any separate building er outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements; (4) no principal activities under the license have been conducted for a period of 24 movhs; or (5) no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements.
Contrary to 10 CFR 30.36(d), the licensee failed to notify NRC in writing within 60 days of the occurrence, on [ fill in date], of item 1,2, 3,4, or 5 above. l This is a Severity Level violation (Supplement VI).
B. 10 CFR 30.36(d) requires that a licensee begin decommissioning after notifying the NRC of any of the following occurrences unless that licensee is required pursuant to 10 CFR 30.36(g)(1) to submit a decommissioning plan for NRC approval prior to beginning decommissioning: l (1) the License has expired; (2) the licensee has decided to permanently cease principal activities at the entire site; (3) the licensee has decided to permanently cease principal acuvities in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements; (4) no principal activities under the license have been conducted for a period of 24 months; or (5) no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements.
Contrary to 10 CFR 30.36(d), the licensee failed to begin decommissioning after notifying NRC of the occurrence, on [ fill in date], of item 1,2, 3,4, or 5 above, and the conditions under which a decommissioning plan is required to be approved by NRC prior to commencement of decommissioning do not apply.
This is a Severity Leve! violation (Supplement VI).
NOT FOR PUBLIC DISCLOSURE WITHOUT ;
APPROV,\L OF DIRECTOR, OFFICE OF ENFORCEMENT l I
4 C. 10 CFR 30.36(d) requires that licensees submit a decommissioning plan, if required, within 12 months of notification of NRC of any of the following occurrences, unless NRC approves an alternate schedule: l (1) the License has expired; (2) the licensee has decided to permanently cease principal activities at the entire site; (3) the licensee has decided to permanently cease pnncipal activities in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements; (4) no principal activities under the license have been conducted for a period of 24 months; or (5) no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements.-
Contrary to 10 CFR 30.36(d), the licensee failed to submit a decommissioning plan to the NRC within 12 months of notifying NRC of the occurrenco of ! tem 1,2,3,4, or 5 above. The decommissioning plan was required to be submitted bf (fillin date).
This is a Severity Level violation (Supplement VI).
D. 10 CFR 30.36(h) requires that licensees complete decommissioning of the site or separate building or outdoor area as soon as practical but no later than 24 months following the initiation of decommissioning, unless NRC has approved an attemate
- decommissioning schedule.
Contrary to 10 CFN .36(h), licensee did not complete decommissioning within 24 months or in accoicance with approved decommissioning schedule. Decommissioning was required to be completed by (fill in date). l This is a Severity Level violation (Supplement VI).
These are examples of the types of violations that may be encountered when inspecting or reviewing documents submitted from Part 30 licensees. Similar examples can be found in Parts 40,70, and 72.
As stated in the standard letter, Fum 2-1, and as per enforcement guidance in the Manual, within 7 days of the date of the letter transmitting notice of apparent violation, the licensee can request a predecisional enforcement conference as described in the letter and in Chapter 5 of the Manual, or can provide written response within 30 days of receipt of the letter transmitting notice of apparent violation.
NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT :
l 1
l
.- ---_____ _ _ a
a The type of enforcement Action taken will depend on the length of time the licensee takes to come into compliance with the Timeliness Rule. The following table identifies (1) Timeliness Rule violations and necessary corrective actions, (2) time frames for coming into compliance with Timeliness Rule following receipt of NRC's notice of apparent violation, and (3) recommended enforcement actions.
f As indicated in the table, violations of the Timeliness Rule can result in enforcement actions sanging from Severity LevelIV to Orders.- The severity of the recommended enforcement action corresponds to the promptness of corrective action taken by the licensee. Prompt corrective action results in the issuance of an NOV of Severity Level IV, if the licensee provides reasonably prompt corrective action, the staff would normally issue an NOV at severity -
level Ill. A civil penalty should be considered in accordance with the enforcement policy and SECY 92-106 ( Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Managment Plan, April 3,1992), but normally in the absence of prior escalated action, a civil penalty would not be issued based on the licensee's taking reasonably prompt corrective actions.
If the licensee is slow to take corrective action, the staff should normally issue a severity level ill, because the lack of compliance with the rule combined with the length of time for the licensee's attempt to meet the rule is a significant regulatory concern. A civil penalty should be considered, based on the circumstances of the case in accordance with NRC's Enforcement -
Policy," General Statement of Policy and Procedure for NRC Enforcement Actions"(NUREG -
1600) because corrective actions would not normally be considered prompt. The civil penalty will be determined using the existing enforcement policy.
If the licensee's response is untimely, then the staff should normally consider issuing an Order, NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT l
4
+w - - - - -- _ _ _
t
, Violation : Time Licensee Takes To Enforcement Action
&. Comply wmmeliness Rule (Correct /ve Action) After Receipt Of Notice Of Apparent Violation =
Licensee did not Notify NRC < 30 days Severity Level IV within 60 days of occurrence
< 60 dayt; Severity Level 111 (No civil Penalty)
(Notify NRC)
> 60 days Severity Level lli (Civil Penalty)
> 90 days , Order Licensee did not begin < 30 days Severity LevelIV decommissioning after notifying NRC < 'e < Severity Level 111 (No civil Penalty)
(Begin decommissioning) > 60 days Severity Level lli (Civil Penalty)
> 90 days Order Licensee did not submit < 3 months Severity LevelIV decommissioning plan within 12 months of notification or < 6 months Seventy Level lli in accordance with approved (No civil Penalty) i attemate schedule
> 6 months Severity Level lli (Submit Decom. Plan) (Civil Penalty)
> 9 months Order Licensee did not complete < 3 months Severity Level IV l
decommissioning within 24 months of notification or in < 6 months Severity Level lll accordance with approved (No civil Penalty) attemate schedule
> 6 months Severity Level lil (Complete (Civil Penalty) l l
Decommissioning)
, > 9 months Order l
NOT FOR PUBLIC DISCLOSURE WITHOUT l APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT l
l
4 7
If the licensee does not respond to the letter that identifies the apparent violation within 30 days, or does not request a predecisional enforcement conference, the staff will issue an NOV at severity level lil, because the lack of compliance with the rule combined with the lack of an indication of the licensee's attempting to meet the rule is a significant regulatory concem. A civil penalty should normally be considered, based on the circumstances of the case in accordance with NRC's Enforcement Policy," General Statement of Policy and Procedure for NRC Enforcement Actions"(NUREG-1600) based on lack of corrective action.
The staff should continue the normal Commission notification for Orders and Civil Penalties.
The staff expects the bulk of licensees who are subject to the Timeliness Rule to be in compliance with the rule. The staff will evaluate those licensees who are subject to, and out of compliance with, the Timeliness Rule on a case-by-case basis. Any novel or unique issues that arise on a case-by-case basis should be identified to the Division of Waste Management, Low-Level Waste and Decommissioning Projects Branch, for technical assistance.
All enforcement octions in this a;ea will be canelled on the weektv OE calls for the resoective region. The Division of Waste Management will carticioatt NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT 4
.L4 -
. l4_
m . i m ,
~ '
u,,
.c '\
q g
~
T PORIl 24:; Cover Letter Transmitting an Apparent Violation of the Timeliness Rule 4 :!
N Requirements as a Result of a Records Review
?EA -
-i (Name of Licensee) ,
(Addreas) - j
- . . . . . l
SUBJECT:
APPARENT VIOLATION - 10 CFR 1(soecifvie a 30.35) j h :. , . .
o j This refers to a review of records associated with your NRC License No. -(insert number) . ;
"The purpose of this review was to determine your compliance with (anecifv. a.a.10 CFR' 1
. 30.36. " Expiration and termination of heenses and decommissioning of sites and senarate
^ buildings or outdoor areas". At the conclusion of the review, the findings were discussed with . .;
o
_Iname(s) of hcensee representative (all of your facility in a (telephone conver==Han) / c ;'
(meetsng) on (da'=) .
Based on the results of this review, - (numbar) apparent violation (s) was (were) identified as 1
' follows and is (are) being considered for escalated enforcement action in accordance with the y ~ "Genere! Statema.1t of Policy and Procedure for NRC Enforcement Actions" (Enforcement L Policy), NUREG-1600.' [The narrative that follows should briefly discuss the nature of the apparent violation (s) with references to the applicable section(s) of the regulations or regulatory -
s requirements.]
o 10 CFR 30.36(d) requires that within 60 days of the occurrence of any of the following, 1 licensees shall provide notification to the NRC in writing of such occurrence:
l(1) the License has expired; --
. - '(2) the licensee has decided to permanently cease principal activities at the entire site;
-. (3) ' the licensee has decided to permanently cease principal activities in any separate
, building or outdoor area that contains residual radioactivity such that the building or
, outdoor area is unsuitable for release in accordance with NRC requirements; ,
,(4) - .no principal activities under the license have been conducted for a period of 24
. months; or- _
'(5) ; no principal activities have been conducted for a period of 24 months in any
- separate building or outdoor area that contains residual radioactivity such that the ;
building or outdoor area is unsuitable for release in accordance with NRC
{ - requirements.
However, the results of the above review indicate a failure to notify NRC, in writing, l twithin 60 days of the occurrence, on [ fill in date), of item [X) above. __
l 1
g 4 NOT FOR PUBLIC DISCLOSURE WITHOUT g , . APPROVAL OF. DIRECTOR, OFFICE OF ENFORCEMENT
{ .
! ,, 1
.x , .. w, ,+ n .; . .a , , - .,a--, , , , , ; : ..
2.
10 CFR 30.36(d) requires that a l censee begin decommissioning after notifying NRC of any of the following occurrences Jr'less that licensee is required pursuant to 10 CFR 30.36(g)(1) to submit a decomm ssioning plan for NRC approval prior to beginning decommissioning:
(1) the License has expired; (2) the licensee has decide i to permanently cease principal activities at the entire site; (3) the licensee has decided to permanently cease principal activities in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements; (4) no principal activities under the license have been conducted for a period of 24 months; or (5) no principal activities have been conducted for a period of 24 months in any separate building c outdoor area that contains residual radioactivity such that the building or outdoor trea is unsuitable for release in accordance with NRC requirements.
However, the results of the above review indicate a failure to begin decommissioning after notifying NRC of the occurrence, on [ fill in date), of item [X] above, and the conditions under which a decommissioning plan is required to be approved by NRC prior to commencement of decommissioning do not apply.
10 CFR 30.36(d) requires that licensees submit a decommissioning plan, if required, within 12 months of notification of NRC of any of the following occurrences, unless NRC approves an attemate schedule:
(1) the license has exp' red; (2) . the licensee has decided to permanently cease principal activities at the entire site; (3) the licensee has deckied to permanently cease principal activities in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements; (4) no principal activities under the license have been conducted for a period of 24 months; or (5) no principal activities have been conducted for a period of 24 months in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements.
However, the results of the above review indicate a failure to submit a decommissioning plan to the NRC within 12 months of notifying NRC of the occurrence of item [X] above.
The decommissioning plan was required to be submitted by [ fill in date]. l NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT
10 CFR 30.36(h) requires that licensees complete decommissioning of the site or separate building or outvoor area as soon as practical but no later than 24 months following the initiation of decommissioning, unless NRC approved an attemate decommissioning schedule. However, the results of the above review indicate a failure to complete decommissioning within 24 months or in accordance with approved decommissioning schedule. Decommissioning was required to be completed by [fillin date).
The circumstances surrounding this (these) apparent violation (s), the significance of the issues, and the need for prompt corrective action were discussed with your staff during the _Itglechone conversation) / (meetina) on .fdate) . As a result, it may not be necessary to conduct a predecisional enforcerqent conference in order to enable the NRC to make an enforcement decision. However, a Notice of Violation is not presently being issued for results of the records review. Before the NRC makes its enforcement decision, we are providing you an opportunity, to either: (1) respond to the apparent violations described above within 30 days of the date of this letter or (2) request a predecisional enforcement conference within 7 days of the date of this letter.
Your response should be clearly marked as a " Response to An Apparent Violation of Timeliness Rule Requirements as a Result of a Records Review" and should include for each apparent violation: (1) the reason for the apparent violation, or, if contested, the basis for disputing the apparent violation, (2) the corrective steps that have been taken and the results achieved, (3) the corrective steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. Your response should be submitted under oath or affirmation and may reference or include previous docketed correspondence, if the correspondence adequately addresses the required response, if an adequate response is not received within the time specified or an extension of time has not been granted by the NRC, the NRC will proceed with its enforcement decision or schedule a predecisional enforcement conference.
In addition, please be advised that the number and characterization of apparent violations described above may change as a result of further NRC review. You will be advised by separate correspondence of the results of our deliberations on this matter.
In considering your corrective actions to achieve the Timeliness Rule requirements you should be aware that a significant failure to meet the requirements is considered a significant regulatory concern. Such violations are categorized at Severity Level ill in accordance with the enforcement policy and may be subject to civil penalties. The timeliness of your corrective actions may be considered in determining the significance of the violation.
Should you have any questions in this matter, please contact (name) at (phone number).
NOT FOR PUBLIC DISCLOSURE WITHOUT APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT
[ -
-4..
In accordance with 10 CFR 2.790 of the NRC's " Rules of Practice," a copy of this letter, its enclosure (s), and your response (if you choose to provide one) will be placed in the NRC Public Document Room (PDR). To the extent possible, your response should not include any person--
al privacy, proprietary, or safeguards information so that it can be placed in the PDR without reduction.
Sincerely,-.
Regional Administrator or Designated Division Director Docket No.
License No.
I NOT FOR PUBLIC DISCLOSURE WITHOUT
- APPROVAL OF DIRECTOR, OFFICE OF ENFORCEMENT i
1 l
MEMORANDUM TO: James Lieberman, Director Ofice of Enforcement-FROM: John W. N. Hickey,' Chief _
Low Level Waste and Decommissioning ~
1-Projects Branch s , oa q Division of Waste Management ,s bi s,
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM O IMELINESS. ROLE .
~ ,
[ NMSS is prepared to move forward with the Enforcement idance Memoran ,
J (EGM) for the " Timeliness in Decommissioning of Material Faci' es" (Timeliness) e. On ,
> August 12,1997, l provided guidance to the Regions on how interpret the noti tion '
requirements of the Timeliness Rule. To expedite publicat' n of the EGM, we ave incorporated this guidance into the latest draft of the EG provided to NM for review (see ,
' Attachment). If this revision is satisfactory to OE, ple e issue the EGM
Contact:
John Buckley, NMSS/DWM (301) 415-6607 TICKET:DWM-106 DISTRIBUTION: Central File D /f D f NMSS r/f LLDP r/f
. PUBLIC CPaperiello JGr eves MF erline DCool JPiccone
- SEE PREV US CONCURRENCE (DOCUMENT NAME:s:\dwm\lldp\jtb\D -106 OFC LLDP 3 , LLh -[ OGC LLDP
'NAME JBuckley/h (( ell * [ RFonner r JHickey DATE 12/8'/97 [ dt//7/97 [ 10/Jd/97 12/ /97 FFICIAL RECORD COPY LSS: YES NO _
ACNW: YES NO 2_
IG : YES . NO .
Delete file after distribution: Yes 2_ No _
PDR: YES 2. NO I
l l
l 4
y ,-. l
O e
O MEMORANDUM TO: James Lieberman, Director Ofice of Enforcement FROM: John W. N. Hickey, Chief Low-Level Waste and Decommissioning Projects Branch Division of Waste Management ,
SUBJECT:
ENFORCEMENT GUIDANCE MEMORAND ON TIMELINESS RULE NMSS is prepared to move forward with the Enforcement Guidanc Memorandum (EGM) for the " Timeliness in Decommissioning of Material Facilities" (Time ' ess) Rule. On August 12, 1997, I provided guidance to the Regions on how to interpret t)re notification requirements of the Timeliness Rule. To expidite publication of the EGM, wpflave incorporated this guidance into the latest draft of the EGM provided to NMSS for revi (Attachment 1). If this revision is satisfactory to OE, please issue the EGM.
CONTACT: John Buckley, NMSS/DWM 415-6607 TICKET:DWM 106 QlSTRIBUTION: Central File DWM r -t/f NMSS r/f LLDP r/f PUBLIC ,y CPaperiello JGreeves MFe rtine DCool JPiccone 3vbfd O i
dL DOCUMENT NAME:s:\dwm\lldp\jtb\DWM- 6 g (e30 g[.,cDorM nJ n p re'
- see previous'c cufrence 68 3 w Ob o6 OFC DWM DWM/ OGC)W
.wy
[ DWM NAME JBuckley* LBell* RFonneri.M.bwit JHickey DATE 9/ /97 dl /97 10/n/97 10/ /97 //
OFFICIAL RECORD COPY LSS: YES .x_ NO _
ACNW: YES _ NO .)L IG : YES _ / NO .2L Delete file after distribution: Yes.2L No _
PDR: YES .2L NO _
1 MEMORANDUM TO: James Lieberman, Director Ofice of Enforcement FROM: John W. N. Hickey, Chief Low-Level Waste and Decommissioning Projects Branch Division of Waste Management
SUBJECT:
ENFORCEMENT GU! DANCE MEMORANDUM ON TIMELINESS RULE /
/
NMSS is prepared to move forward with the Enforcement Guidance Memorandum (EGM) for the " Timeliness in Decommissioning of Material Facilities" (Timeliness) Rule. On August 12, 1997, I provided guidance to the Regions on how to interpret t e' notification requirements of the Timeliness Rule. To expidite publication of the EGM, w ve incorporated this guidance into the latest draft of the EGM provided to NMSS for revie (Attachment 1). If this revision is satisfactory to OE, please issue the EGM.
CONTACT: John Buckley, NMSS/DWM 415-6607 TICKET:DWM-106 DISTRIBUTION: Central File DWM r/f-t/f NMSS r/f LLDP r/f PUBLIC CP:periello JGreeves MFede (Ine DCool JPiccone DOCUMENT NAME:s:\dwm\lidpijtb\DWM-1 17 (v
, l {
OFC DWM O ., DWM-[ OGC N DWM NAME JBuckle[/h LBe[M RF he6" JHickey _
DATE 9/k/9h 9/d/97 67 9/ /97 //
OFFICIAL RECORD COPY LSS: YES .x_ NO, _
ACNW: YES _ NO 1 IG : YES _ NO 1 Delete file after distribution: Yes 1 No _
PDR: YES 1 NO _
i
/
k l
J MEMORANDUM TO: James Lieberman, Director Ofice of Enforcement FROM: ' John W. N. Hickey, Chief Low-Level Waste and Decommissioning Projects Branch Division of Waste Management
SUBJECT:
ENFORCEMENT GUIDANCE MEMORAND M ON. TIMELINESS RULE NMSS is prepared to move forward with the Enforcement Guidanc Memorandum (EGM) for the " Timeliness in Decommissioning of Material Facilities" (Timer ess) Rule. On August 12, 1997, I provided guidance to the Regions on how to interpret t notif: cation requirements of the Timeliness Rule. To expidite publication of the EGM, w9 ave incorporated this guidance into the latest draft of the EGM provided to NMSS for review (Attachment 1). If this revision is satisfactory to OE., please issue the EGM.
CONTACT: John Buckley, NMSS/DWM 415-6607-TICKET:DWM 106 Central File
[
DWM r/f-t/f NMPS r/f LLDP r/f PUBLIC DISTRIBUTION.
CP periello JGreeves MFede (Ine DCool JPiccone DOCUMENT NAME:s:\dwm\lldpytbiDWM 1
- see previous concurrence OFC DWM UWM [ OGC DWM OkC e, t k NAME JBuckley* LBell*/ R" cer $. l.,sI; JHickey 7 CtofclN h DATE 9/ /97 9// /97 9l 9/ /97 TN
/
OFFICIAL RECORD COPY LSS: YES .x NO _
ACNW:' YES _ NO 1 IG : YES _ N,0 1 Delete file after distribution: Yes 1 No _
-PDR: YES 1 NO _
l '
[Y