ML20204J893

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Responds to RR Wight Ltr Re Implementation of State of Il Resident Engineer Program.Alternatives to Accomodate State Representative Observations of NRC Insps Listed
ML20204J893
Person / Time
Issue date: 10/20/1988
From: Davis A
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To: Lash T
ILLINOIS, STATE OF
References
NUDOCS 8810250276
Download: ML20204J893 (4)


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l OCT 2 01988 l

Illinois Department of Nuclear Safety ATTN:

Dr. Terry Lash Director i

1035 Outer Park Drive l

Springfield, IL 62704 l

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Dear Dr. Lash:

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i This is in response to correspondence from Mr. Roy R. Wight of your staff i

regarding the implementation of a State of Illinois Resident Engineer Program and the request to have Mr. Jeffrey Roman, Resident Engineer, accompany NRC inspectors in an observation and training status during certain nuclear pover plant inspections in Illinois between October 1, 1988, and March 31, 1989.

As a result of this request we conducted a meeting with Mr. Wight ant other members of your staff on October 7,1988 to discuss tha details of your request.

As you are aware, NRC has proposed a policy statement that would allow for State observation of and participation in NRC inspection activities.

The NRC is presently permitting implementation of the proposed policy except for that portion of it that deals with participation in inspections. With inspections being the intent of your Resident Engineer (RE) program, I am sure you recognize we cannot enter into any State in. vection agreement with your office and the l

State of Illinois prior to Comission authorization and publication of a final I

policy statement. Consistent with past policy the NRC can, however, grant l

specific requests for State accompaniment on NRC inspections.

As a result of our meeting on October 7, we propose the following inspection accompaniment alternatives in order to accomodate State Representative observations of NRC inspections:

1.

Approximately six accompaniments of NRC's Senior Resident Inspectors at LaSalle between December 1,1988 and May 31, 1989.

These accompaniments would be scheduled between Mr. Roman, of your staff, and Mr. Roger Lanksbury, the LaSalle Senior Resident Inspector, at times that are p%:, ally convenie'; to our inspector and your resident engineer.

These ac'.cmpaniments..*e subject to cancellation and reschedule should i

at *2rgency arise that would require the Senior Resident Inspector to teminate planned activities.

0010250276 881020 PDR STPRO ESSI CE-O'

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Or. Terry Lash 2

OCT 2 01988 2.

Accompaniment on one NRC Team Inspection. As our staffs discussed this is expected to be a maintenance team inspection conducted at either the Dresden or LaSalle plants during 1989. As firm dates for these inspections are chosen, Mr. Wight will be contacted to confirm your resident engineer's availability for this effort.

P I have enclosed a standard protocol that outlines the terms for accompaniment.

This protocol must be signed by the State observer and returned to this office. We wish to highlight the last items in the protocol:

(a) nonconformance with safety or regulatory requirements observed by your Resident Engineer must be brought to NRC attention, and (b) State communications regarding these inspections should not be released before they are made known to the NRC.

I also suggest that Mr. Roman contact Mr. Roland Lickus (312/790-5666) of my staff to schedule a meeting to discuss the protocol and logistics prior to implementation.

If you have any questions regarding the above matters, please feel free to contact Mr. Roland Lickus or Mr. E. G. Greenman (312/790-5518) of my staff.

Sincerely, I

original aisned by L,Bert Davia i

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A. Bert Davis

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Regional Administrator

Enclosure:

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STA1 OBSERVATION OF NRC INSPECTIONS NRC Protocol:

The RSLO will normaily be the lead individual in the Region responsible for tracking requests for State observation, for assuring consistency regard'ig these requests, and for advising the Regional Administrator on the disposition of such requests.

Requests for observations of Headquarters-based inspections should also be coordinated through the RSLO.

NRC will process requests which are consnunicated in writing to the Regional Administrator through the State Liaison Officer.

Requests should identify the type of inspection activity and facility the State wishes to observe.

For requests regarding adjacent State visits, NRC will refer the requesting SLO to the host State's SLO for coordination of NRC observations.

l Normally, only one State inspector (total) at a time will be permitted to observe.

Limits on scope and duration of the observation period may be imposed if, in the view of the Regional Administrator, they compromise the efficiency or effectiveness of the inspection.

Regions should use their discretion as to which, if any, inspections will be excluded from observations.

States which are informed of unannounced inspections will also be informed they must not release information concerning the time and purpose of inspection.

Region will make it clear to the licensee that the State views are not necessarily endorsed by NRC.

Region will also make it clear that only NRC has regulatory authority for inspection findings and enforcement actions regarding radiological health and safety.

State Protocol:

State will make advance arrangements with the licensee for site acctss i

training and badging (subject to fitness for duty requirements), prior to the actual inspection.

Nomally, only one individual will be allowed to observe the NRC inspection.

State will be responsible for detemining the technical and professional competence of any observer it proposes to accompany NRC inspectors.

The State observer's comunication with the licensee will only be through a designated NRC team member, usually the team leader.

2 When informed of an unannounced inspection, State must not release any information including its time and purpose.

The State observer will remain with NRC escorts throughout the inspection.

State observation may be terminated by the NRC team leader if, in the view of the team leader, the observer's conduct interferes with a fair and 1

orderly inspection.

The State observer will not be provided with proprietary or safeguards information.

Observers will not remove any material from the site without NRC or licensee approval.

1 The State observer, in accompanying the NRC inspectors, does so at his or her own risk.

NRC will not be rasponsible for injuries or exposures to harmful substances which may oc. r to the accompanying individual during the inspection and will assume no liability for any incidents associated with the accompaniment.

Individuals accompanying NRC inspectors agree to waive all claims of liability against the Coninission.

The State observer will be expected to adhere to the same conduct as NRC inspectors during an inspection accompaniment.

If the State observer notices any apparent nonconformance with safety or regulatory requirements during the inspection, he/she will make those observations promptly known to the NRC team leader.

Likewise, when overall conclusions or views of the State observer are substantially different from those of the NRC inspectors, the State will advise the team leader and forward those views, in writing, to the NRC Region.

This will allow NRC to take any necessary regulatory actions.

i State communications regarding these inspections should not be released to the public or the licensee l'afore they are made known to the NRC and the inspection report is issued. State communications may be made publicly available, similar to NRC inspection reports, after they have been transmitted to and reviewed by NRC.

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