ML20209D553

Responds to EDO 841102 Memo Re Recommended Fire Protection Policy & Program Actions.Policy of Not Granting Further Schedular Exemptions Will Require Consideration of Regulatory Response to Expected Violations If Adopted

ML20209D553
Person / Time
Issue date:	11/13/1984
From:	Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20209D558	List: IA-86-274, Advises That Listed Secys Will Be Forwarded to J Curtiss, Associate Counsel,Senate Subcommittee on Nuclear Regulation, Committee on Environ & Public Works,On 860210 Under Encl Cover Ltrs.W/O Encls ML20209D553 ML20209D568 ML20209D679 ML20209D686 ML20209D691 ML20209D771 ML20209D775 ML20209D781 ML20209D784 ML20209D788 ML20209D794 ML20211J190 ML20211J203 ML20211J248 ML20211J261 ML20211J281 ML20211J299 ML20211J320 ML20211J350 ML20211J362 ML20211J373 ML20211J378
References
FOIA-86-274 NUDOCS 8411260192
Download: ML20209D553 (1)

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UNITED STATES g

n NUCLEAR REGULATORY COMMISSION s

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i NOV 13 1984

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s MEMORANDUM FOR:

Victor Stello, Jr.

Deputy Executive Director for Regional Operations and Generic Requirements FROM:

Guy H. Cunningham, III Executive Legal Director

SUBJECT:

RECOMMENDED FIRE PROTECTION POLICY AND PROGRAM ACTIONS In response to the EDO memorandum of November 2. I have reviewed the subject report personally. As you know, iny office was represented on both the Steering Comittee and the Working Group. Bill Shields of the Regulations Division participated in the development of the report itself and the recommendations contained therein.

I believe the recomendations contained in the report are legally sound and sensible from a policy standpoint. The fire protection issue has consumed an extraordinary share of agency resources, both technical and legal. While the suggested program would have some immediate resource impacts, such an investment is probably necessary to bring the matter to resolution in the shortest possible time. I would note that in adopting the policy of not granting further schedular exemptions, consideration will be needed of our t

regulatory response to the expected violations.

In regard to the draft enforcement policy, I would suggest that the second sentence of 2.C (containing " prima facie") be moved to the " General Guidance" section and be modified to read as follows: "The NRC intends to initiate enforcement action where, for a given fire area, compliance with Appendix R is not readily demonstrable and the licensee does not have available a written evaluation for the area." A confoming change would need to be made to the proposed

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