ML20198L038
| ML20198L038 | |
| Person / Time | |
|---|---|
| Issue date: | 11/25/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Travers W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| COMSECY-98-035, COMSECY-98-35, NUDOCS 9901040031 | |
| Download: ML20198L038 (2) | |
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October 30, 1998 date Anroved. iMaV MEMORANDUM TO:
Chairman Jackson ShirleyAnnJackson Commissioner Dicus Date:
///n /99' Commissioner Diaz Commissioner McGaffigan Commissioner Merrfield FROM:
William D. Travers W
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 c
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 objection, 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
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Chairman Jackson's Comments on COMSECY-98-035 While I approve of the proposed changes to the enforcement policy conceming the granting of enforcement discretion as a result of natural events, the language of the proposed policy changes is not as clear as I would have preferred.
The granting of enforcement discretion (without prior Commission consultation) is acceptable in cases of natural events when the staff balances the public health and safety or common defense and security of a facility not operating against the potential radiological or other hazards
. associated with continued facility operation and the staff concludes that safety will not be impacted unacceptably by granting enforcement discretion. However, should the staff find that radiological safety is unacceptably diminished, Commission consultation must precede any exercise of discretion regardless of the staff's assessment of the net effect on overall public health and safety, the common defense or security. For example, the phrase on pg 7 of the proposed policy "..and a determination that safety will not be impacted unacceptably..." should be read "...and a determination that radiolonical safety will not be impacted unacceptably."
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