ML20198L970
| ML20198L970 | |
| Person / Time | |
|---|---|
| Issue date: | 08/29/1997 |
| From: | Kane W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Knapp M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20198L674 | List: |
| References | |
| FRN-57FR1890, FRN-63FR1890, RULE-PR-110, RULE-PR-150, RULE-PR-30, RULE-PR-32, RULE-PR-40, RULE-PR-50, RULE-PR-52, RULE-PR-60, RULE-PR-61, RULE-PR-70, RULE-PR-71, RULE-PR-72 AF35-2-014, AF35-2-14, NUDOCS 9801160161 | |
| Download: ML20198L970 (2) | |
Text
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-- UNITED STATES DiPalo y* File y }C NUCLEAR REGULATORY COMMISSION
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August 29, 1997 NG, JR.
MEMORANDUM TO: Malcolm R. Knapp, Acting Director Office of Nuclear Regulatory Research FROM: William F. Kane, Acting Director Office of Nuclear Material Safety Cg,,g g e -
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and Safeguards
SUBJECT:
RESPONSE TO REQUEST FOR CONCURRENCE ON FINAL RULE:
DELIBERATE MISCONDUCT BY UNLICENSED PERSONS As requested in your August 14,1997, memo, NMSS has reviewed the Commission Paper transmitting the final rule to amend portions of multiple parts of 10 CFR dealing with deliberate misconduct by unlicensed persons. NMSS concurs in the paper, Wo have identified several comments and they are attached.
Attachment:
As stated CONTACT: Phil Brochman, NMSS\SFPO (301) 415-8592 e 4 jyt/ . .
11 161 990114 30 57FR1890 PDR
COMMENTS ON COMMISSION PAPER FOR FINAL RULE
- 1. Enclosure 1, page 34, paragraph 13: The last sentence in 9 52.1 which reads* "... subject to NRC enforcement action for violation of 9 52.10." has a typographical error and ,
should be replaced with *... subject to NRC enforcement action for violation of 9 52.2 *
. i 2.
Enclosure 2, page 9.Section VI.C.5: The Enforcement Policy should be revised to read:
" Orders to unlicensed persons,includino contractors, and employees of any of them...".
- ~0A3lS: NMSS believes that the Enforcement Policy should contain specific language concerning issuance of civil penalties to contractors for violations of the deliberate misconduct rule. NMSS believes that adding such language to the Policy would put 4 contractors (especially spent fuel storage facility contractors) on notice of the potential '
consequences of deliberate misconduct and would also provide the staff guidance conceming the enforcement tools available.to 'Se NRC.
- 3. Enclosure 2, page 12,Section X, paragraph 1, 2nd sentence: T he Enforcement Policy should be revised to read: "The prohibitions and sanctions, includino civil oenaltits, for any of these persons who engage in deliberate misconduct or submission of incomplet or inaccurate information to the NRC or licersees are provided in the rules on deliberate misconduct (i e. 10 CFR 30.10. 40.10. 50.5. 52.9. 60.11. 61.9b. 70.10. 71.11
- I6.10. and 110.7b)." BASIS: Same as comment 2 above. Additionally, NMSS believes the list of Parts with deliberate misconduct rules should be broadened from the tw examples that are currently provided to include all Parts which have deliberate misconduct rules.
- 4. Enclosure 2, page 13,Section X, paragraph 2,2nd sentence: The Enforcement Policy should be revised to read: "Through procurement contracts with reactor or scent fuel storace facility licensees, suppliers may be required to have quality assurance programs that meet applicable requirements, including 10 CFR Part 50, Appendix B; 10 CFR Part 71, Subpart H; and 10 CFR Part 72. Suboart G." BASIS: Same as comment 2 above.
- 5. Enclosure 2, page 13,Section X, paragraph 2,3rd sentence: The Enforcement Policy should be revised to read: " Contractors supplying products or services to reactor, material, spent fuel storaae facilities, and 10 CFR Part 71 licensees are subject to the requirements of 10 CFR Part 21 regarding reporting of defects in basic components."
BASIS: NMSS believes that because contractors who supply products or services to
- Independent spent fuel storage installations and monitored retrievable storage facilities are covered under Part 21 (see 10 CFR 21.2(a)); consequently, the Policy should consistently reflect that basis and explicitly include ISFSI licensees.
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