ML20207C271
| ML20207C271 | |
| Person / Time | |
|---|---|
| Issue date: | 04/18/1999 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20207C256 | List: |
| References | |
| SECY-99-063-C, SECY-99-63-C, NUDOCS 9906020237 | |
| Download: ML20207C271 (2) | |
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NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
CHAIRMAN JACKSON
SUBJECT:
SECY-99-063 - THE USE BY INDUSTRY OF VOLUNTARY INITIATIVES IN THE REGULATORY PROCESS l
x Approved w/commentoisapproved Abstain Not Participating COMMENTS:
See attached ccmments.
Shirle Ann deckson __
SIGNATURE W/7/M DATE Entered on "AS" Yes x
No 9906020237 990527 j
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PDR COMMS NRCC t
CORRESPONDENCE PDR coco oas7
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Chairman Jackson's Comment on SECY-99-063
- l approve the staff's plan of action for developing more formal guidelines on the process for identifying and implementing voluntary industry initiatives. As the staff has indicated, voluntary industry initiatives will not be used in lieu of regulatory action where a question of adequate protection of public health and safety exists.
The staff should ensure that the guidance developed with respect to inspection and enforcement of voluntary industry initiat;ve is coordinated and consistent with the new reactor oversight and enforcement process being developed. I concur with Commissioner Merrifield in his comments regarding managing NRC commitments and assessing the appropriate enforcement actions when commitments are not met. The enforcement attributes discussed within SECY-99-063, SECY-99-007A, and SECY-98-224 do not appear to be developed in a coordinated manners. ' Significant evolution and developments have occurred recently in the new Reactor Oversight Process (inspection and enforcement) which do not appear to have been factored into SECY-99-063. ' in particular, the staff's discussion on enforcement indicates that failures to meet commitments may be addressed under the provisions of Appendix B to Part 50,10 CFR 50.9 (Completeness and Accuracy of information), and Section 182 of the Atomic Energy Act. However, SECY 224, " Staff and Industry Activities Pertaining to the Management of Commitments Made by Power Reactor Licensees to the NRC," discusses issuance of Notices of Deviation as the proper tool for enforcing regulatory commitments.
SECY-99-007A, " Recommendations for Reactor Oversight Process improvements (Follow-up to SECY-99-007)," does not address Notices of Deviations or enforcement of commitments. In addition, the role of inspection of voluntary industry initiatives and commitments should be evaluated within the context of the new inspection program being developed.
In addition to the nine key elements identified by the staff, guidance should be developed on (1) how outlier plants (i.e., those that do not fully commit to a particular voluntary industry initiative and are, therefore, not subject to enforcement) will be handled, and (2) the decision process in pursuing and endorsing a particular voluntary initiatives (i.e., whether this is a staff action or Commission decision).
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