ML20205P277
| ML20205P277 | |
| Person / Time | |
|---|---|
| Issue date: | 11/21/1985 |
| 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-85-05A, EGM-85-5A, TAC-61682, NUDOCS 8605210311 | |
| Download: ML20205P277 (5) | |
Text
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ENCLOSURE 2 Ql
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EGM 85-05A MEMORANDUM FOR:
T. E. Murley, Regional Aministrator. Region I r
J. N. Grace, Regional Administrator, Region II J. G. Keppler, Regional Administrator, Region III R. D. Martin, Regional Administrator. Region IV J. 8. Martin. Regional Administrator, Region V FROM:
Harold R. Denton, Director Officeaf Nuclear Reactor Regulation Janet M. Taylor. Director Office of Inspection and Enforcement l
~huBJECT:
RELIEF FROM TECHNICAL SPECIFICATION LC0'S This memorandum supersedes EGM 85-05 dated July 15, 1985 on the above-captioned subject.
Its purpose is' to clarify that two paths exist to grant relief from i
technical specification. limiting conditions for operation (75 LC0's) that would unnecessarily require shutdown or delay startup absent some relief.
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IGM 85-05 described one path for granting relief.
It appifed to those situations in which a license amenhent was required but could not be processed before the limiting c~ondi' tion for~ operations action statement time Ifmit expired. Under those circumstances, the memorandum stated that a licersee could seek a temporary waiver of compliance with the TS LC0 for a sufficient period of time to allow i
the staff to process an emergency license amendnent. Tht responsible Assistant Director of the Division of Licensing in NRR. with the concurrence of the rwsponsible Regional Division Director, may grant a temporary waiver of cospliance with the requirement if the licensee has demonstrated in a written.
submittal provided before the T5 LC0 expires that the plant can safely continue to operate without compliance with the technical specification during the time it will take to process the amenhent request. The waiver should be documented by the Division of Licensing, NRR and should be for a fixed period of time, i
normally not to exceed the two working days it takes te process an emergency amendment.
Although the licensee is in technical non-compliance during the waiver per{od, enforcement action will not be taken for the period during which j
the wa1ve,r.is in effect.
The responsible Assistant Director in the Division of Licensing in NRR should proceed to' expeditiously process the amanhent request, in accordance with existing procedures for emergency amenenents.
If it is detemined during the processing:of the amendment that it raises a significant hazards consideration, the amendment should not be granted without prior notice and an opportunity for a hearing.
In addition if during the processing of the amenenent such a finding is'made, any temporary waiver is to be immediately suspended a.nd compliance with-ion statement should be required.
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In addition to the situation described above, enforcement disc used to grant relief from TS LCO's in certain limited circumstanc license amendment would not be appropriate.
occur infrequently and should be for good cause.Use of such relief is expected to a follow-up emergency TS amendment is not normally needed.
Under these limited circumstanc the authority to grant such relief only to the Regional Administr authority is not further delegable except to an Acting Regional A n
e Furthennore, such relief should be given only if it is clear that op excess of the TS LCO action statement for the period of time that ng in be granted will not place the plant in an unsafe condition.
To enable the responsible program offices to monitor and evalu this approach, whenever enforcement discretion is used as describ grant relief from TS LC0's, the circumstances should be docum ove to of the documentation should be promptly sent to the Director, Reactor Regulation and the Dirtetor, Office of Inspection and Enro If a' TS LC0 will be exceeded before a license amendment can enforcement discretion is not exercised by the Regional Admini
, or if lief,--the licensee must take the action required by the action state re accompanying the LCO.
Of course, a licensee may depart from its technical ment specifications, pursuant to the provisions of 10 CFR 50.54(x), with NRC approval in an emergency when it must act issnediately to health and safety.
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Harold R. Denton Director Office of Nuclear, Reactor Regulation Driginal Signed Bn AIMS Madog $
i James M. Taylor, Director
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Office of Inspection and Enforcement i
- See previou;s concurrence sheet.
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