ML20205B084
| ML20205B084 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1985 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Grace J, James Keppler, Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20205B089 | List: |
| References | |
| FOIA-86-855 EGM-85-05, EGM-85-5, NUDOCS 8507250038 | |
| Download: ML20205B084 (2) | |
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MEMORANDUM FOR:
T. E. Murley, Regional Administrator, Region 1 J. N. Grace, Regional Administrator, Region 11 J. G. Keppler, Aegional Administrator, Region Ill R. D. Martin, Regional Administrator, Region IV J. 8. Martin, Regional Administrator, Region V FROM:
Harold R. Denton, Director Office of Nuclear Reactor Regulation James M. Taylor. Director Office of Inspection and Enforcerent SUB'ECT:
RELIEF FROM TECHNICAL SPECIFICATION LCO'S It has come to our attention that some Regions have been granting relief from technical specification limiting conditions for operation upon request frur.
licensees without following the procedures for granting license amendments
< (. nd, in some cases, without obtaining hRR concurrence prior to granting the
.elief.
In a number of instances, some of which were documented in response to an April 5,1985 request from Hugh Thompson, licensees would have been required to shut down or to delay start-up absent some relief.
the licensees were pemitted to continue in operation or to start up and theIn each case, event was resolved under the rubric of " enforcement discretion.'
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We are writing this memorandum to clarify the approach to be used for granting or denying amendments in situations in which the amendment cannot be processed t:efore the limiting condition for operation action statecent time espires.
Emergency relief from the technical specifications may be given only in rare circumstances for the short period of time it takes to process an emergency license amendment. When a limiting condition for operation in a technical specification will be exceeded within a few hours and if, as a consequence, the ifcensee will have to shut down the plant or to delay start-up, a licensee may seek a temporary waiver of compliance with the requirement for a
' specification amendment. sufficient period of time to allow the staff to process an emerg The appropriate Assistant Director of the Division of Licensing in NRR, with the concurrence of the responsible Regional Division Director, may grant a temporary waiver of compilance with the requirement if the Ifeensee has demonstrated in a written submittal provided before the TS LC0 fgd expires that the plant can safely continue to operate without compliance with the technical specification during the time it will take to process the amendrent 86 4'$
request.
c *1r imediate action was due to circumstances beyond the licensee's c A/'/,
d the licensee could not have reasonably foreseen the need for relief in time ar normal processing of the amendment request.
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Regiora1 Administrators 2-be for a fixed period of time, norm 11y not to exceed it takes to pro, cess the amendment.
Enforcement action will net be taken for the period during which the waiver is in effect.
The Assistant Director of the Division of Licensing in ARR should proceed tc, precedures for erergency amendments. expeditiously process the a N ndmen of the arendment that it raises a significant hazards ccnsideratien, the amendment should nct be granted without prior nottet and an opportunity fcr hearing.
In addition, if during the processir.g of the amr.dnent such a finding is made, any terporary maiver is to be irnediately susp' ended and the comliance with the action statemnt shou 14 ve required.
As a seperate utter, if it is found during the safety review that an LCO has no safety basis, it shovid be deleted or revised using existing procecures.
Except in the rare circumstances described abovt specification will be exceeded before a license a. if an LCO in a technical cendment can be granted.
the licensee rest nonetheless take the action required by the action statemert accompanying the LCO.
Of course, a licensee my depart from its technical
( ARC approval in an emergency when it sust act imediat public health and safety.
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t ro e R.
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re tor Office of Nuclear Reactor Regulation l
s mes M. Tay1 frector fice pf in ection ard Enforcemer.t i
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