ML20211F238
| ML20211F238 | |
| Person / Time | |
|---|---|
| Issue date: | 07/22/1999 |
| From: | Merrifield J NRC COMMISSION (OCM) |
| To: | Vietticook A NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20211F207 | List: |
| References | |
| SECY-99-178-C, NUDOCS 9908300278 | |
| Download: ML20211F238 (2) | |
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i NOTATION VOTE RESPONSE SHEET TO:
Annette Vietti-Cook, Secretary FROM:
COMMISSIONER MERRIFIELD
SUBJECT:
SECY-99-178 - TREATMENT OF VOLUNTARY INITIATIVES IN REGULATORY ANALYSES Approved x
Disapproved Abstain Not Participating COMMENTS:
See attached comments.
SIEffpTURE W July 22,1999 DATE Entered on "AS" Yes t/ No fg
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COMMISSIONER MERRIFIELD'S COMMENTS ON SECY-99-178 l
I approve SECY-99-178 as it appears to present a reasonable approach for the treatment of voluntary initiatives in regulatory analyses.
In the SRM associated with SECY-99-063, the Commission directed the staff to move forward, working with industry and other stakeholders, in the development of the process and guidelines for use of industry initiatives in the regulatory process. I believe the detailed nature of that SRM reflected the Commission's recognition of the importance of sound guidance in this area. I believe the regulatory analysis guidance associated with voluntary initiatives, as discussed in SECY-99-178, is equally important. The staff should ensure that this guidance facilitates consistent and predictable treatment of voluntary initiatives in regulatory analyses.
As I stated in my vote on SECY-99-063, it must be clear to the public that substituting voluntary industry initiatives for NRC regulatory action can provide effective and efficient resolution of issues, will in no way compromise plant safety, and does not represent a reduction in NRC's commitment to safety and sound regulation. I also reiterated that responsibility for the long term success of using voluntary industry initiatives as substitutes for NRC regulatory action lies with both the NRC and our licensees. This process can only be successful if licensees effectively manage and implement their commitments associated with these voluntary initiatives and the NRC provides a credible and predictable regulatory response when licensees fail to satisfy these commitments. Failure of either the NRC or licensees to effectively carry out its responsibilities would undermine the regulatory process and serve to erode stakeholder confidence in the merits of using voluntary industry initiatives in this manner.
The reason i felt it was necessary to reiterate comments from my vote on SECY-99-063 relates to the staff's following statement in SECY-99-178, ".. the potential for backe" ding is likely to become more problematic with the shift toward deregulation and increased cost competition in the electricity market." I understand this statement and the context in which it is used.
However, I have heard reasonable arguments that such backsliding is indeed less likely in a deregulated environment because competitive market pressures will command improved plant performance and be less tolerant of " regulatory shutdowns". The staff's statement could also leave our stakeholders with the impression that backsliding is likely to occur without NRC identification and response. I believe that making statements of this nature without providing a sound basis for them detracts from the credibility of the staff's position. I recommend that if the staff intends to use such statements in the future, they be based on well-founded and well-articulated evidence.
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UNITED STATE:
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. NUCLEAR REGULATORY COMMISSION 4
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WASHINGTON, D.C. 20565 0001 v.,p '
August 26, 1999 SECRETARY MEMORANDUM TO:
William D. Travers Executive Director for Operations FROM:
Annette Vietti-Cook, Secretary
SUBJECT:
STAFF REQUIREMENTS - SECY-99-178 - TREATMENT OF VOLUNTARY INITIATIVES IN REGULATORY ANALYSES j
The Commission has approved the staff's plans to implement the revised policy for treatment of voluntary initiatives in regulatory analyses and to revise NUREGIBR-0058 (Rev. 2) accordingly.
The staff should ensure that this guidance facilitates consistent and predictable treatment of voluntary initiatives in regulatory analyses.
(EDO)-
(SECY Suspense:
5/31/2000) in the interim, the staff should use the relevant factors discussed on page 5 of SECY-99-178 for determining the appropriate " measured credit" for industry voluntary programs. The staff should ensure that stakeholders are notified of the interim guidelines as appropriate. In addition, the staff should inform the Commission, on a timely basis, of safety problems and/or benefits of the licensee's voluntary programs, it must be clear to the public that substituting voluntary industry initiatives for NRC regulatory action can provide effective and efficient resolution of issues, will in no way compromise plant safety, and does not represent a reduction in NRC's commitment to safety and sound regulation.
The NRC and the industry are jointly responsible for the long term success of using voluntary industry initiatives as substitutes for NRC regulatory action. Licensees must effectively manage and implement their commitments associated with these voluntary initiatives and the NRC must provide a credible and predictable regulatory <esponse if licensees fail to satisfy these commitments.
1 cc:
Chairman Dicus Commissioner Diaz Commissioner McGaffigan l
Commissioner Merrifield OGC CIO CFO OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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