ML20209D023
| ML20209D023 | |
| Person / Time | |
|---|---|
| Issue date: | 06/16/1999 |
| From: | Dicus G NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20209D007 | List: |
| References | |
| SECY-99-135-C, NUDOCS 9907130011 | |
| Download: ML20209D023 (2) | |
Text
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NOT ATIO N VOTE RESPONSE SHEET TO:
Annette Vietti-Cook Secretary of the Commission FROM:
COMMISSIONER DICUS
SUBJECT:
SECY-99-135 -INTERIM ENFORCEMENT POLICY REGARDING ENFORCEMENT DISCRETION FOR NUCLEAR POWER PLANTS DURING THE YEAR 2000 TRANSITION Approved X in part Disapproved X in part Abstain Not Participating Request Discussion COMMENTS:
l approve issuance of the interim Enforcement Policy with the exception of the provision that allows continued plant operation in violation of license or regulatory requirements if the licensee is unable to obtain enforcement discretion from the NRC.
Most circumstances which create a situation where enforcement discretion may be considered, do not happen in a time frame that does not allow time for notification, contingency planning and compensatory action. Since the likelihood of a licensee not being able to inform HQ, any Regional Office or the resident inspector of the need for enforcement discretion is extremely low, given the fact that all sites will have augmented resident inspector coverage during the Y2K transition periods and will have at their disposal satellite communications equipments, I see no reason to give licensees the authority to grant themselves enforcement discretion.
If prior NRC approval can not be obtained, the plant should s,ut down in accordance with their license requirements until NRC approval of enforcement discretion is obtained.
(Continued) 9907130011 990708 PDR COMHS NRCC CORRESPONDENCE PDR 990 7/3 ocW
Recognizing that any discretion that is granted by the NRC must reasonably assure adequate protection of the environment and no undue risk to public health and safety, I agree with Commissioner Merrifield's comment regarding modification of criterion (c) to include a licensee's determination of reasonable assurance that public health and safety is maintained with enforcement discretion.
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/4 1999 DATE l
Entered on "AS" Yes X
No i