ML20212E610
| ML20212E610 | |
| Person / Time | |
|---|---|
| Issue date: | 04/17/1985 |
| From: | Brown R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20209C229 | List: |
| References | |
| FOIA-86-183 NUDOCS 8608130100 | |
| Download: ML20212E610 (1) | |
Text
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MANAGEMENT OF ALLEGATIONS APF.17 E85 MEMORANDUM FOR:
Division Directors, Deputy Directors, Branch Chiefs and Section Leaders, NMSS FROM:
R. S. Brown, Jr., Director Planning and Program Analysis Staff Office of Nuclear Material Safety r.nd Safeguards
SUBJECT:
NMSS POL.~CY AND PROCEDURES LETTER 1 MANAGEMENT OF ALLEGATIONS (ADDENDUM TO REVISION 2) 1 On April 4,1985, you received, via memorandum from the Director, NMSS, the latest instructions and procedures relating to handling of Allegations.
These i
instructions and procedures were contained in an ED0 memorandum and attachment dated September 19, 1984.
As an update to the information on " late allegatiow" contained in that September 19, 1984 proposed NRC Manual Chapter 0517, the attached April 12, 1985 memorandum from the EDO, with enclosed Federal Register Notice, provides the latest Commission policy statement on this subject.
Please add this mater.ial to your copy of NMSS-Policy and Procedures Letter 1-27 (rev. 2).
The policy statement and instructions will be incorporated into the final version of NRC Manual Chapter 0517 when issued. Until that time, it serves as the agency policy on this subject.
be% Wi dj'r R. S. Brown, Jr., Director lanning and Program Analysis Staff
)
Office of Nuclear Material Safety and Safeguards
Attachment:
As stated R0'Connell, FC G8everidge JGDavis DBMausshardt RSBrown, Jr.
GARDE 86-183 PDR FCUR I
- NMSS:
- NMSS:P, OFC :N
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NAME :SC DATE $ 4/A/85 4/ /85 4//(185 M//d85
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UNITED STATES
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g NUCLEAR REGULATORY COMMISSION g
j WASHINGTON. D. C. 20555
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APR 121985 MEMORANDUM FOR:
Office Directors Regional Administrators FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
PRO M ED NRC MANUAL CHAPTER 0517, " MANAGEMENT OF ALLEGATIONS" In my ' September 19, 1984 memorandum to you, same subject, you were advised that the Comission was. reviewing the issues of confidentiality and late allegations, and that 0517 would not be finalized until these points had been addressed.
The Conunission has reached a decision with regard to late allegations. The statement of policy is attached, and will be inc.orporated into. 05.17 wt:n the manual chapter is finalized.
In the meantime, please use it' as policy on the matter of late-filed allegations.
Willia J Dbks Executive Director for Operations
Enclosure:
As Stated
Contact:
RBrady X28394 1
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Federal Register / Vol 50. No. 53-/ Tuesday.' March 19.198S / Notices Based on our evaluation, we find that. consultants, and staff. Persons desinng review the resolution of the RCP trip de existing, fire protection features in to make oral statements should nonfy issues given a small break I.CCA.
conjunction with alternate shutdown We ACRS staff member named below as Oral statements may be presented by capability for Fire Area 25 provide a far in advance as is practicable so that members of the public with the level of fire protection equivalent to the.
aporopnate arrangements can be made.
concurrence of the Subcommittee technical requirements of Subsectiort Dunng the uutfal portion of the Chairman: wntten statements will be III.G.3 of Appendix R. and thendore. the meeting theSubcommittee. along with accepted and made available to the exemption should be granted.
any of its consultants who may be Committee. Recordings wtil be permitted N
present. may exchange preliminary only durms &ose portir.ns of the views regarding matters to be meeting when a transenpt is bems kept.
Accordingly, the Commission has considered dunng the balan e of the and questions may be asked only by determined that, pursuant to.10 CFR meetina.
members of the Subcommittee,its '
50.12. the exemptions requested by the The Subcolumittee will then hear consultants and Staff. Persons desiring licensee's letters as referenced and presentations by and hold discussions to =ake oral statements should nottfy discussed in II. and III. above are with representatives of the NRC Staif.
de ACRS staff member named below as authorized by law will not endanger life its consultants, and other interested far in acvance as is practicable so 6at or property or the comt. ton defense and persons regarding this review.
aporopnate arrangements can oe made.
secunty. are otherwise in the public-Further information regardir.g topics Dunng the imtial portton of the interest. and are hereby granted.
to be oiscussed, whether the meeting meeting. the Subcommittee. along with Pursuant to 10 CFR 51.32. the has been cancelled or rescheduled. the any ofits consultants who may be Commission has determined that the Chairman's ruling on requests for the present. may exchange preliminary issuance of de exemption will have no opportunity to present oral statements views regarding matters to be sigmficant impact on the environment and the time allotted therefor can be considered durmg the balance of the (50 FR 9735)..
obtained by a prepaid telephone call to meetmg.
This Exemption is effective upon the cognizant ACRS staff member. Mr.
The Subcommittee will then hear-Richard Major (telephone 202/634-1414) presentations by and hold discussions issuance.
Dared at Dethesda. Md 8 s 13th day of between 8:15 a.m. and 5:00 pan EST.
with representa'tves of the NRC Staff.
Maten 1965.
Persons planmng to attend this meeting its consultants and otherinterested For the Nucisar Requiatory Commission.
are urged to contact the above named persons regarding this review.
Hugh Thosspoon.
Individual one or two days before de Furder information regarding topics SChedulCd ettMg to be advlStd of any to be discussed. whether the meetmg Director. Division ofL. censing Office of NuciecrRece:orRegu/etion.
changes in schedule. etc which may has been canceiled or rescheduled. the
[FK Doc. 454550 Filed 3-18-45: 8-45 aml have occur ed.
Chairman's rufing on requests for the su.ps cooe rsso.ew Dated: March 14. t983.
opportun1!y to present oral statements Morton W.I.ibarkin.
and the time a!!otted therefor can be Assista:rt Executive Direc:orfur Pmtect obtamed by a precaid telephone call to Advisory Comrmttee on Reactor Rericw.
We cognizant ACRS staff memben Mr.
Safeguarcs, Subcommittee on Long rFR Doc. 854547 Filed 3-18-85; 8:45 aml Paul Bcehnert (telghone 202/634-r6?)
Range Pian for the NRC; Meeting between 8:15 a.m. and 5:00 p.m EST.
coag,,
The ACRS Subcommittee on Lon8 Persons planmng to attend this meeteg Range P!an for the NRC will hold a are urced to contact de above named meeting on April 5.1985. Room IM6.
Advtsory Committee on Reactor mciy: dual one or two days before the 1717 H Street. NW Washington. DC.
Safeguarcs Subcommittee on seneduled meeting to be advised of any The entire meetmg will be open to the Emergency Core Cooling Systems;
- nsa;es in schedule. etc., which may public attendance.
u,eting have occur ed.
The agenda for subject meeting shall The ACRS Subcommittee or
- "d'*"**
be as foilows:
Emergency Core Cooiing Systems will wonon W. ubarkui.
fnday. Aptd 3. :983-M0 a..~r. until the hold a meeting on Apr'l 3. ;983. 3com Omt &cutwe Cirme 6e Pw:
conclusion cibusiness 1046.1717 H Street. NW Washington.
W" CC.
(FR Doc. 9 Wr.48 Filed 3-to-M. 8A3 ami To me exte st praedcal me 'nennu
- Gccce
- w dis ssicn o eeoiga n ance.
plan for tne NRC. Topics under w:ll be open to puolic attendance.
discussion are technical and owe o to s of de me ymay Statement of Policy: Hancling of Late acimmistrat2ve issues related to the ETCP Allegations
~
regulation of nuclear power plant safety information relatmg to detads of the an'd safety regulat:on over the next 5 to ous gtn g
3
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1 me ber of 'te u i vith th e ge for We subicct meerm; State: ent of Poitcy: Handling of concurrence of $e Subcommittee Chairman: wntten statements will be Wdnesday. Api 13.1985-&;0 a.m-suuwany: Th:s pciicv statement accepted and made available to the until the conclusion of busmess prewnts me cr:tena ihe Comm:ssion Committee. Recordings will be permitted The Subcommittee wd! discuss de wdl icdow m acdress:ca : ate ni:egat:uns en!y durmg those ; ort: ens of the foilowmg: fil The W SART/ DASH ECC3.ecetvte from sources ostnce me T.eeting wnen a transcr:pt :s bemg kept.
codes. G) revtew the resciut:an of T',11 Comm ss.on. :n me :omest of::censm:t anc questions may be asned only by item !!.K.J.~,0. revision of smad break ecuews. it also c:rects tng.;ne stai!'s memoers of Se Subcommutee.its LCCA ECCS Evaluation Mode!s;.md pl procedurns far confymg.Gomic S,fety 1
e t
Federal Register / Vol 50. No. 53 / Tuesday. March 19.19A5 / Notices 11031 andI.icensing Boards. Atomic Saf'ety shortly before, and in some caseson the decision in that they would require
~'
~ and !.icensing Appeal Boards. and the eve of, the date on which a decision on denial of the license sougnt. the Commission of the receipt of allegations.. whetner to authorize the issuance of an
-imposition of additional conditions on be revised to provide for an initial.
operating license was to be made. Some such license. or further analysis or coarse screemng prior to. issuance of a of theseallegations related to matters in invesuganon. Allegation which. even if Board Notificatton.
controversy and others related to true. are not matenal to any licensing an5CTIVE QAntt March 19.1985 previously uncontested issues not under decision or which on their face or after consideration by a particular
~
initialinquiry are determined to be
,,vsrrMast mmon cowTAcTr I.awrenca J. ChandlerrOffice of the adjudicatory tnbunal Significant fnvolous or too vague or generalin commitments of staff resources often nature to provide sufficient information Executive !.agal Director. U.S. Nuclear must be diverte*d at the last minute to for the staff to mvesugate will receive Regulatory Commission. Washiogton, D.C. ?D555. Telaphone: 301-492-0658.
addresslarge numbers of fata.
no further consideration.
S
.3t allegatto s hic e material suesNTAM INNWAN be u su s ant a do f i ! e. I a y g,
Statement of Policy safety significance.
Commission staff will next determine Ideally. all allegations concermng a g ;g, g
The purpose of this palicy statement aa c y a onz f
new in the sense of raising a matter not is to explain the policy which the Commission egects tarfollow regarding
.because of the number oj previously considered or :ending to
.e treatment oflate allegations, corrobrate previously received but not received from sources outside the allegations and/or their tardy submission. all allegations cannot be yet resolved allegations. In making this Commission. in operating license resolved is a umeframe consistent with determinauon. all information avails ble.
reviews and in the board noufication to the Commission will be considered.
reasonable and responsible licensing process.The focus of this statement is acnon. it may be necessary to gne including thst previously provided by an on NRC staff and Commission pre licensing safety reviews of uncontested nonty to those allegations which.
npplicant or licensee and that obtained because of their potential imoact on by the Commission a tac @ purse of its issues, and Commission pre-licensing.
safety, must be resolved before licensing review and inspeenh. ei s or from its immediate enecuveness reviews acnoit can be taken-invesngation of pnor ailegat ons. In contested issues. The treatment of some cases. information 3 ready f
ailegations in ormal adjudicatory Initial Screening of Allegations avas able to tae NRC ma i bV sufficient Any c neerns beanns on de safety of to resolve certam allegar' tons. However.
no ed b !e es IP ce a facility should be brought promptly to if an ailegation is found to be both CFR Part 2. Apart from this policy the attention of the applicant or matenal and new. the staff will statement. the Commission has tmtiated licensee.'II. however. das approach is invesusate de allegation further.
a rulemaking to codify NRC caselaw unsausfactwy. any peson is free t cntena for teopening a closed Further Review evidentiary record in a formal licensing D,.nng such concems direct!y to the NRC.
proceeding and to spec:fy further the
..t o enimmate unnecessary delay m the if the staff determmes that. as a result
.icensing process to the estent possible, of the number of allegat: ens or the documentary bases for motions to any person who has an allegation -
hmeirame in whicn tney are received it recoen. inciucing those whrch may be concemmg the design. construcuan.
apocars likeiy eat full consideraton of based on ailecanons. 49 FR 30u9 iDecemoer 251984I.
cocrahon or management of a nuclear a;l ag,g. uons cannot be accomoinshed a
The most fundamental tenet dowmq PC.wer piant has a duty to beng such cansistent witn responsilaie and umely mtumanal to tne Commission s Ccmmission ac::on. the Comm:ssion from te NRC's statutorv manda:n under the Atcmic Energy Act is that a licensa dttenton as promptiy as :ossibic. All uaif will concuct a furect screent:2 of i
mieptions should be specdic and se ailesations to de:ctmme their may be issued oniv if it can be found
<.ocumented to se twiest extent s:entficance to safety and derefore that there is reasoi:able assurance that ponible. Rose submittin; ailesat:nns :n what :nonty shoulc be assigned me acavity-to be authonzed cresents no undue nsk to :ne health and saicty of g. faith should be awara tsar reianye to me acuvity :o be aedortzed.'
aoproonate pmtecuan agamst Be foilowm2 screeneg c :tena w:!! be de oublic. There can be no abdicaticn ni tne resconsibility to make mis
'.etai:atory aedon by an doplicant or.
nnsidered:
neensee ucciucina its contractors ano
- .The !!ke!ihuod Wat $e adeutton is determination and it
- here is a act:uus sabucctrac:crst is afforded by Secnon cuestion as to the aedity to make such
- .0 cf the Energy Reorganizattun.\\ct ai cct cc
- . :akmg mto consicer:t:en aii anding, no license may be is. sued anri audable Womanon ;nciuding me me nme necessary to re, solve such U.S.C. 3851. Ail partes and.,,
1974.4 apparent fevei oi knowiecta. npertise, unesnan atmu and wui oc taken.
imooses penaities upon any per<o: who
".nd re!!abdi:y of de :ndivatual Therefore. in be contut of late 3.!. mitt:ng the adegat:en :n tc=s of tne adecations,it :s necessary that ile Sinon submitted and the possiliie g,
aporoonnte en:eria be apo, sed to enatalie linned States es.stence of more crec+ie contrary i
tne decisionmuker. be it :he NRC's staff g,,,
g3
,.,gg ry,ge, or the Commission itself to ocpmpnate Commaston staUche wd nceditiously determine the U #8' C""*"
- E d O' *
*'""""**"*C'"'"""d*
Si.anificance. in t.erms of safe operatton al!etations are mater:4l':o :ne liCc't.ung
'""* "Udoce of neawet ar*,"se,"Sr a (or of de.gite:lity. of any ad.cGhons made.
- n mer esting bo s s 5 W.ind o.,,.i are In connect! ort wHh its rettew of a eevuenov i:e 'ud sower uo reon.oos no.,
e tiumber of recent c3ses. Me NRC has
. Pe Q<nnussion vwms w vnuson nment ome B of wa ouwen ;s sem % nn U"'
- " '""U f 3' " d * '" 0 9'
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- W *'"'"" 'U""
- 8"**
.".coor Sv9 tem 'vann. :*.nc.i.:v ar.d reas :ower bee't Confronted with be task uf demely et and *esomet a !rt::t.ons J'ece
- ie'v s
siddressing large MuCbers of Gile 2ations a 4 v.,.y manner as,2even.inc :nnstrac:n.n #.
w,:.ng, Otnec #nemems.00 are poss o.e..no *inev WalCn were brought to its attention very 9acwor ki.'y croceeus.
eutner"Po.
o 11032 Federal Register / Vol. 50. 'No; 53 / Tuesday. March 19. 1985 / Notices-2.The need for prompt consideration Dated at Washington. D.C on this 13th-attnbutable to hydropower development of de allegation recognizmg the public day of Marctr19ss.
at;c operation. statementof program interest in avoiding dndue delay. If the For the Nuclear Regulatory Commission.
goals, development of program staff determines that an allegation raises John C. Hoyle, objectives, and measurement of progress a sigmficant safety concern regarding.
AssistantSecretory, toward goals and objecnves.
for example the design. construction. or (FR Doc. 85-4544 Filed T-to-63; 8:43 aml FOR FuRTHeA iMFCMMAftON CONTACT:
operation of a facility or about quality emme caos rsene.a Dulcy Mahar. Director of Public assurance or control or management-Information and Involvement, conduct, which brings into question the Northwest Power Planmng Council, safe operation of the fac:lity at a given Suite n00,850 SW. Broadway. Portland.
stage of operation the allegation must PACIFIC NCRTHWEST ELECTRtc Oregon 97205. Telephone: 303-222-5161 be addressed prior to authonzmg that PCWER AND CONSERVATICN (toll free 1-800-452-2324. within Oregon:
stage. For purposes of this policy Pt ANNING COUNCIL 1-800-222-3355. from Idaho. Montana, statement, an allegation will be and Washington).
considered safety sigmScant tf the Hydropower Assessment Steenng-allegation would, if true. (1) raise a Commettee; Meeting su-Amy maonMANN:The Pacific Northwest Electnc Power st3mficant question about the abdity of AcaNCvt Hydropower Assessment Planning and Conservation Act of 1980.
a parucular structure. system. or component to perform its intended.
Steenng Committee of the Pacific 16 U.S.C. 839 ("the Northwest Power N rthwest Electric Power and Act) authonzed the Couned to amend safety function or (2) raise a sigmficant question of management competence.
Conservation P!anmng Council its Columbia River Basm Fish and integnty, or conduct or about (Northwest Power Planning Counct!).
Wildlife Program from time to time. At acTioM: Notice of meeting to be held its regularly. scheduled meetmg m Boise.
implementation of the quality assuranca program. sufficient to raise a legitimate pursuant to the Federal Advisory Idaho on February n.1965. the Cauned doubt as to the ability to operate the Committee Act. 5 U.S.C. Appendix !.1 voted unanimously to amend two plant safely. Allegations which are not
- 4. Activities willinch.de:
portions of its Pregract. In adoptmg safety sigmficant will be resolved in the
- !.osses/ Coals / Production work those amendments, the Council normal course of busmess independent plan.
complied with all relevant requirements oflicense issuance.
- Hydro Assessment Study reports.
of the Act. Pursuant to those
- Cuculative Impact Methods Study requirements the Counc:1:
Board Noti 5 cation hi-report.
- Announced the proposed Parties to ongoing adjudicatory
- Update on FERC activities.
amendments. public hearmgs and public
- Other.
comment pened through the Federal proceedings have an obligation to bnng allegations to the attention of the.
- Public comment.
Register the Council's mading list and presiding board. All parties have an Status: Cpen.
the Council's newsletter:
- Held public heanngs in Portland.
obligation to inform boards promptly of sumasAar: The Northwest Power Ongon danan m M85h Mssoula.
relevant and matenalinformstion that
~ Co Ih b may affect the decisionmaking process.
Pt*Yc eeting of tsY cr 9"* N'""*U
- U83N 8 fort mg ower asnmst n (January 24.1985): and The Commission's staff, in accordance Assessment Steenng Comnuttee.
with its obliganons for board Boise. Idaho (January 25.1985) and cam March 25.1985.10T0 a.m.
. Compded an admimstranve record.
nottfication has in the past submitted alleganons to boards promptly and Aconass: The meeting wd! be held at The amencments desenbed in this without awaiting their resoluno or the Council's auditonum. d50 SW.
notice change Fmgram Secton 201 ano determinaton of sigmficance relative to Broacway. Suite 1100. Portland. Oregon. Action Item :6 in Pregram Scenen 1504.
the dec:sionmaking process. This Fon PunTHan Nacnnsarien CcNTACTt Wh!Ch deal with the process for practice is consistent with Se Peter Paquet. 503-200-5101.
assessmg salmon and steethead losses Commission approved board Edward Sheets.
attnbutaole to development and couanon obydropower projects m me notification policy. However,it has Erecuore Director Columbia River Basm and deve!
resulted. on occasion. in presenung (FR Doc. as-ser Thed 3-18-45: $45 amlprogram goals to adcress these,opmg boards with new mformation. the iosses.
- CCC8 ~ " "
sigmficance of which is not readily The Couned has deieted pnar !an;: age apparent. Consequently. in the future.
m Program Secnons 201111-Z' L ) and staff board nordicanons of silegations substtuted language mcicating :no wd! not be made untd te staff has Columoia mver Sasm Fish and Caunc:l's intent to assess losses. set made at least.an imtial screenmg of the WildHfe Programt Final Amendmenta pois, adopt related oblecnves. ano allegations. Cniy those alleganons deveiop methods for messunng progress which are found not to be involous.
AGaNCv: Pacific Northwest E!ectnc toward goals and colecuves ratt:er man which art relevant and matenai to the Power and Conservation P!anmng to call for direct funcmg of such efforts decisionmaking process (as determmed Councd.
by the Bonneville Power Admm:stration under existing board notification Action: Notice of final amendments.
m me M Dpan=em of Energy procedures) and which are determined
( Sonrevdle '). Assoc:atec cnanges.iro to warrant further scrunny wd! be suasasany: The Cauced has amended made to Acnon Item :6 (Prcgram submitted to the presiding tnbunal.
Sections 201 and 1504 [Acuan item 06)
Section 1504).
Board notificanons should stiil be made of the Columbia River Basm F*sn and The amencments enante oniv *te
)
promptly, consistent with the need and Wildlife P cgram. to change the funding funcing anc procedural t5ecna5:sms for ume reouitec for screemng. The staff's source and make oder procecurai usessmg ! asses. <ettmg goais. adoon.2 boarc nonfication procedures should be-modifications related to an assessment ooiecoves. and deve!aomg medods for revised accercingly.
of salmon and steeihead losses measunna progress. They do not state i
l