ML20216H283
| ML20216H283 | |
| Person / Time | |
|---|---|
| Issue date: | 01/19/1999 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20216H047 | List: |
| References | |
| FRN-64FR40295, RULE-PR-170, RULE-PR-171, RULE-PR-30, RULE-PR-31, RULE-PR-32 AG03-1-007, NUDOCS 9910010342 | |
| Download: ML20216H283 (2) | |
Text
{{#Wiki_filter:r ne AG03-l' l , PDR g , UNITED STATES g' -{ NUCLEAR REGULATORY COMMISSION WASHINGTON, D.c. 20006-0001
***** January 19, 1999 MEMORANDUM TO: Donald A. Cool, Director Division of industrial and Medical Nuclear Safety, NMSS FROM: James Lieberman, Director I -
/b Office of Enforcement (s
SUBJECT:
OFFICE REVIEW AND CONCURRENCE: PROPOSED RULE TO AMEND 10 CFR PARTS 30,31,32,170, AND 171, " REQUIREMENTS FOR CERTAIN GENERALLY LICENSED INDUSTRIAL DEVICES CONTAINING BYPRODUCT MATERIAL" The Office of Enforcement (OE) has reviewed the proposed rule and requests changes ac noted below. Commission Paper Please add a passage similar to the following to the " Background" section:
"In the April 13,1998 SRM, the Commission also directod the staff to increase civil penalties for both general and specific licensees for " lost" sources, and that the increased civil penalties should be significantly greater than the costs of proper disposal or transfer of a source or device. The NRC/ Agreement State Working Group recommended civil penalties in the range of $XXXX to $XXXX
[NMSS, please provide). At the present time, the staff estimates the average l cost of proper transfer or disposal of a source or device to be $9,000 [NMSS, please verify]. A civil penalty on the order of three times the average disposal cost would be $27,000. Under the current Enforcement Policy, the baso civil l penalty at Severity Level i for a general license is $5,500. Thus, a civil penalty of l
$27,000 to a general licensee for improper disposal would be approximately five times greater than the base civil penalty for other Severity Level i violations. The staff is further considering these issues and will make a final mcommendation to the Commission and implement the Commission's decision concurrent with the effective date of the final rulo, as per the April 13,1998 SRM."
Statements of Consideration On page 22, replace the subtitle, " Interim Enforcement Policy" with " Enforcement." Replace the text of that section, other than the first and last paragraphs, with the following:
- Under this interim enforcement policy, enforcement action normally will not be taken for violations of 10 CFR 31.5 that are identified by the general licensee and reported to the NRC, if reporting is required, provided that the general licensee takes appropriate corrective action to address the specific violations and prevent recurrence of similar problems. This change from the Commission's 9910010342 990928 PDR PR 30 64FR40295 PDR QQ 100lNbVb , h
2
~
.2-a ' normal enforcement policy is to remove the potential for the threat of -
enforcement action to be a disincentive for the licensee to identify deficiencies. This approach is warranted given the limited NRC inspections of general
. licensees. This ' approach is intended to encourage general licensees to determine if applicable requirements have been met, to search their facilities to -
assure that sources are located, and to develop appropriate corrective action when' deficiencies are found. . Under the interim enforcement policy, enforcement action, including issuance of civil penalties and Orders, may be taken where
. there is: (a) failure to take appropriate corrective action to prevent recurrence of similar violations;'(b) failure to respond and provide the information required by p the notice and response program (if it becomes a final rule); (c) failure to provide
- complete and accurate information to the NRC; or (d) a willful violation, such as willfully disposing of generally licensed materialin an unauthorized manner.
Change the last sentence of the last paragraph of the section on Enforcement to read: "This increase will better relate the civil penalty amount to the costs avoided by the failure to properly dispose of the source or device." .The same change also should be made to the last sentence
' in the twelfth paragraph of the draft press release.
Rule Text
- Section 211'of the Energy Reorganization Act includes a requirement to post information I (contained in that section. This requirement normally is fulfilled when licensees post NRC Form 3, as required by 10 CFR 19.11(c)(1). General licensees will not be bound by the requirements in Part 19. How will general licensees know that they are subject to a posting requirement in section 211 of the Act? Normally, requirements in the Act are codified in the regulations as a means of putting licensees on notice about the requirement. I am available to assist in resolving this issue.
- Pending resolution of these comments, OE concurs on the proposed rule.
[_ - cc: M. Knapp, DEDE F. Miraglia, DEDR
. J. Goldberg, OGC S. Treby, OGC t
x , l 1 l l e 4}}