ML20199H066
| ML20199H066 | |
| Person / Time | |
|---|---|
| Issue date: | 11/30/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Boger B, Miller H, Reyes L NRC (Affiliation Not Assigned), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| References | |
| CAL, NUDOCS 9901250108 | |
| Download: ML20199H066 (2) | |
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UNITED STATES g
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WASHINGTON, D.C. 30eeH001 g%, n QT November 30, 1998 MEMORANDUM TO: Bruce A. Boger, Acting Associate Director for Projects Office of Nuclear Reactor Regulation Hubert J. Miller, Regicnal Administrator Region l Luis A. Reyes, Regional Administrator Region ll James L. Caldwell, Acting Regional Administrator i
Region ill Ellis W. Merschoff, Regional Administrator i
Region IV FROM:
ctor Office of Nuclear Reactor Regulation
SUBJECT:
REVISED GUIDANCE REGARDING THE DEVELOPMENT AND ISSUANCE OF CONFIRMATORY ACTION LETTERS
REFERENCES:
- 1. Memorandum from L. Joseph Callan to Chairman Jackson, " Response to issues Raised within the Senate Authorization Context and July 17, 1998, Stakeholder Meeting," dated August 25,1998
- 2. Memorandum from Samuel J. Collins to James Lieberman,
- Proposed Revisions to Section 4.6 of the Enforcement Manual-Confirmatory Action Letters," dated November 2,1998 Item IV.G of Reference 1 included a commitment to ensure that staff guidance on the use of s
confirmatory action letters (CALs) is appropriate and that the staff exercises appropriate j
discipline in the development and issuance of CALs. In this regard, the staff solicited input from TJ l
the regional offices in order to clarify and update the existing guidance, ensure uniform implementation, reflect staff practices, and ensure that the appropriate threshold is met when issuing new CALs. Proposed changes to the CAL guidance found in Section 4.6 of the y' V Enforcement Manual, " Confirmatory Action Letters," were forwarded to the Office of l
Enforcement in Reference 2.
i The purpose of thin memorandum is to provide advance notification of the completion of item IV.G of the Chairman's tasking memorandum. The Office of Enforcement has accepted the majority of the proposed revisions in Reference 2 and is currently in the process of issuing a change notice and reissuing the applicable pages to the Enforcement Manual. Highlights of the revised guidance include the following:
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- k. a 2-The existing guidance intermingles references to orders and CALs and complicates their relationship. The revisions provide clear distinction regarding when these tools should i
be used.
Previous work under item IV.G recognized that the majority of recently issued CALs l
merely reflect commitments made by licensees in docketed correspondence. The revisions restrict this practice.
The revisions reinforce expectations that licensees will meet the conditions and commitments described in CALs.
The revisions ensure consistency among the regions by requiring concurrence by the Director, NRR, for reactor licensees.
The revisions reflect staff practice of permitting plant restart or resumption of affected i
license activities through verbal, as opposed to written, authorization.
The revisions provide a more logical progression of staff activities, recognize NMSS involvement for material licensees, and OGC involvement for issuance of orders.
Your staffs should be reminded that, as stated in Section 4.6 of the Enforcement Manual (NUREG/BR-0195), CALs must meet the threshold defined in the Enforcement Policy; i.e., "to remove significant concems about health and safety, safeguards, or the environment." CALs are not to be used to impose new requirements on licensees, bypass the backfit rule, or prolong plant shutdowns.
The input and attention provided by your staffs has been greatly appreciated and has significantly improved the existing guidance.
cc:
C. Paperiello 1
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