ML20206U629
| ML20206U629 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1999 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Dyer J, Miller H, Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| EGM-99-003, EGM-99-3, NUDOCS 9905250279 | |
| Download: ML20206U629 (4) | |
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May 7, 1999 EGM 99-003 i
MEMORANDUM TO: Hubert J. Miller, Regional Administrator Region I Luis A. Reyes, Regional Administrator Region 11 James Dyer, Regional Administrator Region ill Ellis W. Merschoff, Regional Administrator Region IV William Kane, Associate Director for Inspection and Programs, NRR Brian W. Sheron, Associate Director for Project Licensing and Technical Analysis, NRR Elizabeth O. Ten Eyck, Director, Division of Fuel Cycle Safety and Safeguards, NMSS Donald A. Cool, Diiector, Division of Industrial and Medical Nuclear Safety, NMSS J hn T. Greeves, Director, Division of Waste Management, NMSS E. William Brach, Director Spent Fuel Project Office, NMSS FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
ENFORCEMENT GUIDANCE MEMORANDUM - DISTRIBUTION OF ACTIONS ISSUED TO INDIVIDUALS (Enforcement Manual 7.3.8 and Figure 7-1)
As a result of an inadvertent posting on the NRC Website of a Notice of Violation issued to an Individual, it is appropriate to clarify the procedures for distributing Individual Actions when they are issued.
As discussed in the referenced section and Figure of the Enforcement Manual, the initial opportunity for an individual to present his or her views to the NRC on the facts of a case is usually during a predecisional enforcement conference, in response to a previously issued Demand for Information, or during an Ol investigation in which the individual was specifically provided an opportunity to challenge the alleged wrongdoing. If an individual who is the subject of an individual action has had such an opportunity, the action may be issued and distributed to all appropriate offices and posted on the NRC Website immediately following issuance.
}D However, if the individual has not had the opportunity for input, the action is issued to the individual but other distribution outside the agency, e.g., to the licensee, PDR, and NRC Website, is normally withheld for 45 days to provide the individual with the opportunity to
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respond. In addition, internal NRC distribution by the releasing office should be limited to those )'
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, with an immediate need for the document. Full NRC distribution should be made at the same
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time the document is distributed to the licensee, PDR, and NRC Website. In order to ensure that the action is not released prematurely, the following procedures apply to cases issued by a Region and subject to the 45-day hold:
A. When the action is signed out by the Regional Administrator, the action will be mailed to the individual and the Region will attempt to notify the individual by telephone.
B. The Region will ensure that the Distribution List for the action reflects the 45-day j
hold in the entries for public distribution, e.g., "PUBLIC" and "NUDOCS," and that the list is attached to the action. Attached is an example of how a distribution list for outside the l
issuing region might be clearly marked to reflect the limited initial distribution of an action.
C. A hard copy, only, of the action will be mailed to OE to the attention of the lead l
secretary. OE will hold the copy but take no further action until the 30 days for l
response by the individual has run.
D. The Region will monitor the running of the 45-day hold, and at the end of that period, if the individual has not responded or the response has been reviewed and no change is being made to the action, forward the electronic version of the action to OE for public release.
E. The OE staff will confirm with the appropriate OE Enforcement Specialist that the action may be released, and then post it on the Enforcement page on the NRC Website.
l The OE staff will also advise the Region that the action may be sent to the licensee (if applicable), and other NRC offices, including the PDR, and NUDOCS (or released to the l
public in ADAMS).
F. If the individual provides a response that results in a change to the action that was issued, the revised action will be distributed in the normal manner.
l Exceptions to this procedure may be approved by the Director, OE.
Similarly, all choice letters and predecisional enforcement conference letters issued to individuals are to be sent to the individual and a hard copy sent to OE. Additional distribution should be only inside NRC and limited to those offices with a need for the document. These i
letters may be released outside the agency only if a NOV or Order is subsequently issued to the individual. To further reduce the likelihood of inadvertent release of letters, it is recommended that these letters be distributed only to those. offices in the Regions and Headquarters who have j
a specific need for them. In most cases, this distribution can be much narrower than for i
general enforcement correspondence.
The Enforcement Manual will be modified accordingly in the next change.
Attachment:
As stated cc:
The Chairman D. Dambly, OGC Comm. Dicus SECY Comm. Diaz J. Zwofinski, NRR Comm. McGaffigan C. Paperiello, NMSS Comm. Merrifield W. Travers, EDO M. Knapp, DEDE
DISTRIBUTION
- After 45 day hold and OE approval
- PDR
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- LPDR
- NUDOCS
- SECY
- EC's Rll, Rlli, RIV 1
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- PA THIS ACTION CANNOT BE RELEASED OUTSIDE THE AGENCY WITHOUT -
OE APPROVAL WTravers, EDO MKnapp, DEDE FMiraglia, DEDR JLieberman, OE SBurns, OGC DDambly, OGC SCollins, NRR or CPaperiello, NMSS Project Director JZwolinski, NRR or DCool, NMSS GCaputo, Ol HBell, OlG IA File THIS ACTION CANNOT BE RELEASED OUTSIDE THE AGENCY WITHOUT OE APPROVAL
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1 DISTRIBUTION:
4 JLieberman, OE RBorchardt, OE OE Staff Enforcement Coordinators Rl, Rll, Rlli, RIV, NMSS, NRR (Also by E-Mail)
EGM File l
Day File WEB (2 weeks afterissuance)
PUBLIC (2 weeks after issuance) i l
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NUDOCS Ob DD:OE [I D:h
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