ML20198K951
| ML20198K951 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/1998 |
| From: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Diaz N, Dicus G, Shirley Ann Jackson, Mcgaffigan E, Merrifield J, The Chairman NRC COMMISSION (OCM) |
| References | |
| COMSECY-98-035, COMSECY-98-35, NUDOCS 9901040010 | |
| Download: ML20198K951 (13) | |
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UNITED STATES g
g NUCLEAR REGULATORY COMMISSION COMSECY-98-035 I
WASH 8NGToN, D.C. 20665 4001 g
9 * * * * *,o October 30, 1998 l
RELEASED 10 "E PDR b* Q />9 h /v W MEMORANDUM TO:
Chairman Jackson date initd Commissioner Dieus eeu.aeeoeeeee>=a=*****
Commissioner Diaz Commissioner McGaffigan Commissioner Merrficid
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William D. Travers
/r Executive Director for Operations
SUBJECT:
ENFORCEMENT POLICY REVISION FOR GRANTING ENFORCEMENT DISCRETION AS A RESULT OF NATURAL EVENTS in a staff requirement memorandum (COMEXM-98-004) dated July 28,1998, the staff was advised that the Commission had approved a change in the policy to allow the staff to grant enforcement discretion in cases involving severe weather without consultation with the Commission, based on the determination that safety will not be impacted unacceptably by exercising this discretion. The Commission also required that the staff expeditiously inform the Commission whenever enforcement discretion has been exercised for these cases.
The attached Federa/ Register notice announces a revision to the Enforcement Policy consistent with this directive. Absent Commission ob5ction, the staff intends to publish the revision to the Enforcement Policy 10 working days from the date of this memorandum.
If you have any questions, please contact Ren6e Pedersen in the Office of Enforcement at 415-2742.
SECY, please track.
Attachment:
As Stated W. Travers, EDO H. Thompson, DEDR SECY OGC CIO f{
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9901040010 981030 COPets NRCC PCR CORRESPONDENCE PDR g40002 79 ( #1-P 1 l
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION (NUREG-1600, Rev.1)
NRC Enforcement Policy; Discretion Involving Natural Events AGENCY:
Nuclear Regulatory Commission.
ACTION:
Policy Statement; revision.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is publishing a revision to its Enforcement Policy (NUREG-1600, Rev.1, " General Statement of Policy and Procedure for NRC Enforcement Actions") to address enforcement discretion in cases involving natural events, such as severe weather conditions.
l DATES:
This action is effective [date of publication in the Federal Register), while comments are being received. Submit comments on or before (45 days after publication in the Federal Register).
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l ADDRESSES:
Submit written comments to: David L. Meyer, Chief, Rules and I
Directives Branch, Division of Administrative Services, Office of Administration, Mail Stop:
T6D59, U. S. Nuclear Regulatory Commission, Washington, DC 20555. Hand deliver
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11555 Rockville Pike, Rockville, Maryland, between 7:30 am and 4:15 pm, comments to:
Federal workdays. Copies of comments received may be examined at the NRC Public Document Room,2120 L Street, NW, (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, (301) 415-2741.
SUPPLEMENTARY INFORMATION:
The changes to the Enforcement Policy (in the order that they appear in the Policy) are described below:
III. Responsibilities This section has been modified to indicate that the Commission is to be provided notification when enforcement discretion is exercised in accordance with Section VII.C for natural events, such as severe weather conditions. Item (1) concerning Commission consultation was also modified to include a parenthetical phrase indicating that cases involving severe weather or other natural phenomena may be addressed by the staff without prior Commission i
consultation in accordance with Section VII.C.
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3 VH. Exercise of Discretion 1
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l C. Exercise ofDiscretionforan Operating Facility l
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This section is being modified to allow the NRC staff to exercise enforcement discretion in the form of a Notice of Enforcement Discretion (NOED) in cases involving severe weather or other natural phenomena, based upon balancing the public health and safety or common defense and security of not operating, against thu potential radiological or other hazards associated with continued operation, and a determination that safety will not be impacted unacceptably by exercising this discretion. Exercising enforcement discretion for this type of situation previously required prior Commission approval in accordance with Section III. This change in policy should not be viewed as lowering the threshold for granting NOEDs. The Commission has concluded that public health and safety is best served by allowing the staff to take expedited regulatory action in these cases. This section is also being modified to reflect that the Commission is to be informed expeditiously following the grant of a NOED in such situations.
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4 Paperwork Reduction Act l
This policy statement does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0136. The approved information collection requirements contained in this policy statement appear in Section VII.C.
l Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
l Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with l
the Office ofInformation and Regulatory Affairs of OMB.
Accordingly, the NRC Enforcement Policy is revised to read as follows:
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GENERAL STATEMENT OF POLICY AND PROCEDURE FOR NRC ENFORCEMENT ACTIONS e
III. RESPONSIBILITIES i
Unless Commission consultation or notification is required by this policy, the NRC staff may depart, where warranted in the public's interest, from this policy as provided in Section VII,
" Exercise of Enforcement Discretion."
The Commission will be provided written notification for the following situations:
(1)
All enforcement actions involving civil penalties or orders; (2)
The first time that discretion is exercised for a plant that meets the criteria of Section VII.B.2; (3)
(Where appropriate, based on the uniqueness or significance of the issue) when discretion is exercised for violations that meet the criteria of Secti'on VII.B.6; and (4)
All Notice.c of Enforcement Discretion (NOEDs) issued involving natural events,
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such as severe weather conditions.
The Commission will be consulted prior to taking action in the following situations (unless the urgency of the situation dictates immediate action):
(1)
An action affecting a licensee's operation that requires balancing the public health and safety or common defense and security implications of not operating against the potential radiological or other hazards associated with continued operation (cases involving severe weather or other natural phenomena may be addressed by the staff without prior Commission r.
consultation in accordance with Section VII.C);
VII. EXERCISE OF DISCRETION L
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C. Exercise of Discretionfor an Operating Facility l
On occasion, circumstances may arise where a licensce's compliance with a Technical i
Specification (TS) Limiting Condition for Operation or with other license conditions would involve an unnecessary plant transient or performar.ce of testing, inspection, or system l
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7 realignment that is inappropriate with the specific plant conditions,'or unnecessary delays in plant startup without a corresponding health and safety benefit. In these circumstances, the NRC staff may choose not to enforce the applicable TS or other license condition. This enforcement discretion, designated as a Notice of Enforcement Discretion (NOED), will only be exercised if the NRC staffis clearly satisfied that the action is consistent with protecting the public health and safety. The staff may also grant enforcement discretion in cases involving severe weather or other natural phen' mena, based upon balancing the public health and safety or conunon defense o
and security of not operating, against the potential radiological or other hazards associated with continued operation, and a determination that safety will not be impacted unacceptably by exercising this discretion. The Commission is to be informed expeditiously following the granting of an NOED in such situations. A licensee seeking the issuance of a NOED must provide a written justification, or in circumstances where good cause is shown, oral justification followed as soon as possible by written justification, that documents the safety basis for the request and provides whatever other information the NRC. staff deems necessary in making a decision on whether or not to issue a NOED.
Dated at Rockville, MD, this day of
,1998.
For the Nuclear Regulatory Commission.
John C. Hoyle, Secretary of the Commission.
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i UNITED STATES J
j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 20666 4001
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The Honorable Dan Schaefer Chairman, Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515 i
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is a copy of a revision to the NRC's General Statement of Policy and Procedure for Enforcement Actions (Enforcement Policy). This revision will be published in the Federal Register.
This revision makes adjustments to the Policy approved by the Commission to address that the NRC staff may grant enforcement discretion in cases involving severe weather or other natural phenomena. The decision to grant discretion would be based upon balancing public health and l
safety or common defense and security of not operating, with the potential radiological or other hazards associated with continued operation, and a determination that safety will not be
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impacted unacceptably by exercising this discretion. Exercising enforcement discretion for this j
type of situation previously required prior Commission approval. The revision reflects the Commission's conclusion that public health and safety is best served by empowering the staff I
to take expedited regulatory action in these cases.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Enforcement Policy Revision Notice cc w/ enclosure:
Representative Ralph Hall l
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2066H001
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The Honorable James M. Inhofe Chairman, Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510 l
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is a copy of a revision to the NRC's General Statement of Policy and Procedure for Enforcement Actions (Enforcement Policy). This revision will be published in the Federal Register.
This revision makes adjustments to the Policy approved by the Commission to address that the i
NRC staff may grant enforcement discretion in cases involving severe weather or other natural phenomena. The decision to grant discretion would be based upon balancing public health and safety or common defense and security of not operating, with the potential radiological or other hazards associated with continued operation, and a determination that safety will not be i
impacted unacceptably by exercising this discretion. Exercising enforcement discretion for this type of situation previously required prior Commission approval. The revision reflects the Commission's conclusion that public health and safety is best served by empowering the staff to take expedited regulatory action in these cases.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Enforcement Policy Revision Notice cc w/ enclosure:
Senator Bob Graham
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i UNITED STATES
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NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 205MM001
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Mr. Robert P. Murphy l
General Counsel General Accounting Office Room '7175 441 G St., NW.
Washington, DC 20548 4
Dear Mr. Murphy:
j Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 (Act), the Nuclear Regulatory Commission is submitting a revision of the NRC's Enforcement Policy. This revision makes adjustments to the Policy approved by the Commission to address that the NRC staff rnay grant enforcement discretion in cases involving severe weather or other natural phenomena.
We have determined that this action (interpreted as a " rule" under the Act) is not a " major rule" as defined in 6 U.S.C. 804(2). This determination was made under a generic approval by the Office of Management and Budget for this type of action.
Enclosed is a copy of the final action, which has been transmitted for publication in the Federal Register. This action is effective immediately upon publication.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Enforcement Policy Revision Notice l
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p' UNITED STATES l
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NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 20tN4001 49.....
The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 (Act), the Nuclear Regulatory Commission is subrnitting a revision of the NRC's Enforcement Policy. This revision makes adjustments to the Policy approved by the Commission to address that the NRC staff may grant enforcement discretion in cases involving severe weather or other natural phenomena.
We have determined that this action (interpreted as a " rule" under the Act) is not a " major rule" as defined in 5 U.S.C. 804(2). This determination was made under a generic approval by the Office of Management and Budget for this type of action.
Enclosed is a copy of the final action, which has been transmitted for publication in the Federal Register. This action is effective immediately upon publication.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Enforcement Policy Revision Notice l
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UNITED STATES s
j NUCLEAR REGULATORY COMMISSION t
WASHINGTON, D.C. 20666 4 001 ty*****,o$
The Honorable Al Gore President of the United States Senate Washington, DC 20510
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcerr + _ Fairness Act of 1996, 5 U.S.C. 801 (Act), the Nuclear Regulatory Commission is submitting a revision of the NRC's Enforcement Policy. This revision makes adjustments to the Policy approved by the Commission to address that the NRC staff may grant enforcement discretion in cases involving severe weather or other natural phenomena.
We have determined that this action (interpreted as a " rule" under the Act) is not a " major rule' as defined in 5 U.S.C. 804(2). This determination was made under a generic approval by the Office of Management and Budget for this type of action.
Enclosed is a copy of the final action, which has been transmitted for publication in the Federal Register. This action is effective immediately upon publication.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l
Enclosure:
Enforcement Policy Revision Notice l
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