ML20212C188

Ack Receipt of Which Raised Concerns Re NRC Enforcement Actions at Plant & Issuance of NCVs

ML20212C188
Person / Time
Site:	Seabrook
Issue date:	09/20/1999
From:	Borchardt R NRC OFFICE OF ENFORCEMENT (OE)
To:	Russman R NEW HAMPSHIRE, STATE OF
References
NUDOCS 9909210167
Download: ML20212C188 (2)

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September 20, 1999 The Honorable Richard L. Russman New Hampshire Senate 107 North Main Street, Room 302 Concord, New Hampshire 03301-4951

Dear Mr. Russman:

Thank you for your letter of August 24,1999, in which you raised concerns regarding the Nuclear Regulatory Commission's (NRC) enforcement actions at the Seabrook Nuclear Power Plant. I infer from your letter that your concern involves the issuance of Non-Cited Violations (NCVs).

As background regarding the NRC Enforcement Policy, the current policy distinguishes violations as Severity Level l through IV, according to their overail safety and risk significance, with Severity Level IV being the least significant. Civil Penalties may be assessed for violations of Severity Level I through lli, in all cases, licensees are required to restore compliance whenever violations are identified.

To encourage licensees to self identify and correct violations, the NRC Enforcement Policy appropriately provides for consideration of identification and corrective actions when determining what enforcement action to take. For Severity Level IV violations, NCVs are normally issued unless (1) the licensee failed to restore compliance within a reasonable time after the violation was identified; or (2) the licensee failed to place the violation into a Corrective Action Program to deter recurrence; or (3) the NRC finds the violation and determines that it is a repetitive as a result of inadequate corrective action; or (4) the violation is willful and not subject ij to discretion pursuant to the Enforcement Policy. An NCV means that the violation is described in an inspection report as a violation of NRC requirements, but is not formally cited in a Notice of Violation which normally requires a written response.

While the use of NCVs has been a longstanding provision of the Enforcement Policy, their use was expanded by changes to the policy in March 1999, allowing most Severity Level IV violations that previously would have been formally cited in a Notice of Violation to be dispositioned as NCVs. These changes were made in order to reduce unnecessary burden on licensees when addressing violations of low safety and risk significance and to place greater reliance on licensees' corrective actions programs in recognition of the overall effectiveness of these programs. The result is that licensees no longer have to provide the NRC with written responses to violations entered into their corrective action programs and can prioritize corrective actions commensurate with safety and risk significance. In addition, the changes

/iQ were intended to increase NRC effectiveness and efficiency. Due to these chang few Severity Level IV violations are now dispositioned as NCVs. The NRC believes that this approach to resolving violations of low safety and risk significance benefits safety due, in part, to the motivation for licensees to correct violations in order to avoid formal enforcement actions.

The NRC continues to document all Severity Level IV violations in inspection reports and refer to them as violations, as we have in the past.

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The NRC periodically inspects the licensee's corrective action programs. The inspection procedures require that a sample of the NCVs be selected for review, in detail, to determine whether the program is being implemented effectively. The procedures specify that in selecting the sample, the NRC considers, among other things, the risk significance of the affected systems. Enforcement action can be taken if ineffective corrective actions are identified.

Although your letter does not indicate the specific violations that you are concerned with, the NRC has exercised discretion and not issued a formal citation for certain Severity Level IV violations at Seabrook. It is important to note that these violations met the criteria for being classified as NCVs in accordance with the policy described above. In each case, compliance with NRC requirements was restored, the issues involving the violations were entered into the corrective action program, and corrective actions to prevent recurrence must be taken.

Escalated action wi;l continue to be considered for the more significant violations (i.e. those classified at Severity Level I,11, or lil in accordance with the NRC enforcement policy). As you may know, the NRC issued a $55,000 civil penalty to Seabrook on August 3,1999 for a Severity Level lil violation.

I appreciate your interest in the enforcement issues involving Seabrook. I hope that this letter is responsive to your concerns, and also provides useful information regarding the NRC Enforcement Policy. The current Enforcement Policy and other enforcement-related information can be obtained at www.nrc.aov/OE. If you have any questions, please do not -

hesitate to contact me.

Sincerely, Isi R. W. Borchardt, Director Office of Enforcement

' Distribution:

EDO #19990450 WTravers, EDO SBurns, OGC FMiraglia, DEDR JBlaha, OEDO MKnapp, EDO SCollins, NRR RBorchardt, OE PNorry, EDO HMiller, Rl CAnderson, RI EDO r/f DHolody, RI Seabrook Resident Office, RI PLohaus, OSP DRathbun, OCA TMadden, OCA - PUBLIC Nuclear Safety Information Center (NSIC)

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