ML20211C797
| ML20211C797 | |
| Person / Time | |
|---|---|
| Issue date: | 02/17/1977 |
| From: | Thompson D NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | James Keppler, Moseley N, James O'Reilly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20211C804 | List: |
| References | |
| RTR-REGGD-01.017, RTR-REGGD-1.017 NUDOCS 8610220025 | |
| Download: ML20211C797 (2) | |
Text
PR
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je UNITED STATES g
8 NUCLEAR REGULATORY COMMISSION o
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WASHINGTON, D. C 20555
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FEB 17 N
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MEM05tANDUM FOR:
J. P. O'Reilly, Director, Region I N. C. Moseley, Director, Region II
'J. C. Keppler, Director, Region III E. M. Howard, Director, Region IV R. E. Engelken Director, Region V FRON:
Dedley Thompson, Acting Director, DF0
SUBJECT:
ENFORCEMENT OF REGULATORY GUIDES From time to time certain problems of enforcement have been encountered by the Regions with respect to licensees committing to Regulatory Guides in the SARf s or, security, plans in such a 'nianner that 'tWey are not 'lejally.
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binding. Region III has pointed out-in a memoranaum dated September 28,-
1976,'(copy enclosed), that a licensee may state in its plan that it will accomplish certain functions according to the " intent" of a Regulatory Guide.
The " intent" of the Guide, and whether the licensee met the " intent", may then be subject to interpretation by the various inspectors and the various licensees. Also, the Region III memo notes that many of the Guides adopt standards which use the terms "shall" be accomplished _ (required), "should" be accompli _she_d _(r_ecernended). mL "may.". be acco6plished' _(permissi~ve).
The Office of the Executive Legal Director has been consulted concerning this matter.
In order to be enforceable, regulatory requirements must be specific enough to be clearly understood. ELD advises that if a licensee states in its plan that the " intent" of the guide will be accomplished, or that they will " generally" follow the guide, we cannot enforce..ageinst
,such loosely worded statement _s_ excen in. rare situations where the licensee's condition of noncomp1'iance is clearly obvious.
Similarly', we can enforce against those sections of the Regulatory Guides referenced in the Regulations, which are stipulated as "shall" but we cannot enforce _
against tho.se sections which are recommended.("should") or allowed as op-tionaf_I h x"),
As you know it lias been the position of IE and 'tTim Legal
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'StaTf that Licensing should assuri, that those functions which the licensee must perform must be stated clearly in the requirement to assure that they i
are enforceable.
Such licensing (unctions will likely require some legal
- review, f
r tg 8610220025 770217 i
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!t I
1 J
FEB 171977 Ragienn1 Directors
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a Itisrequestedthatspecificmattersofkhisnature, involving' enforcement problems which are encountered during,inspec'tions, be forwarded to IE Head-quarters so that they can be brought.to_the attention of Licensing.
It is only Ty' alerting Licensing-to the specific problems tliat are-involved in
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this area that we can perhaps bring some resolution to enforcement policy matters of this nature.
} 2Hk&
2,. W V
Dudley Thompson, Act Director Division of Field Operations Office of Inspection and Enforcement
Enclosure:
Memo dtd 9/2'8/76 cc:
E. Volgenau, DIE J. Davis, DD:IE H. D. Thornburg, DMIP.
B. B. Grier, D: RIP:IE N. Haller, A/D;IE G. Roy, FCEB,C:IE W. P. Ellis, FCEB T. Bro kett, FCEB Enfo cement Coordinators
, II, III, IV, V Colleen Woodhead, ELD i -
_ _ _ _. _ _ _ _ _ _ _ _