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)

Text

' - ~~- ~ ^ - - - -

p. -x;

~ '

/  %, UNITED STATES ,

g n NUCLEAR REGULATORY COMMISSION s  ; wasnmorow, n.c. asses -

(...../ -

i

, NOV 13 1984 ( ,

s MEMORANDUM FOR: Victor Stello, Jr. - -

Deputy Executive Director for Regional Operations .

and Generic Requirements l

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  ;

. generic letter. '

/

Gu ff

. Cu'nningtfak III ~

T Executive Legal Director 1

f qu q j j Ju: l6- a --

l

_1

. - , -. .. .- -