ML20217B790
| ML20217B790 | |
| Person / Time | |
|---|---|
| Issue date: | 10/06/1999 |
| From: | Wessman R NRC (Affiliation Not Assigned) |
| To: | Bishop R NUCLEAR ENERGY INSTITUTE (FORMERLY NUCLEAR MGMT & |
| References | |
| NUDOCS 9910130067 | |
| Download: ML20217B790 (3) | |
Text
{{#Wiki_filter:. -&Y %g g. 4 UNITED STATES 1 -{ { NUCLEAR REGULATORY COMMISSION ~ t WASHINGTON, D.C. 2055Mm01 e %...../ October 6,1999 Robert Willis Bishop, Esq. Vice President & General Counsel Nuclear Energy Institute 1776 i Street NW, Suite 400 Washington DC 20006-3708
SUBJECT:
REPLY TO AUGUST 27,1999, LETTER TO DAVID MEYER, OFFICE OF ADMINISTRATION, NUCLEAR REGULATORY COMMISSION
Dear Mr. Bishop:
.I am responding to yourletter of August 27,1999, to David Meyer of the Nuclear Regulatory Commission's (NRC's) Office of Administration. Your letter provided comments on the NRC's " Policy for NRC Enforcement Actions: Interim Enforcement Policy Regarding Enforcement Discretion for Nuclear Power Plants During the Year 2000 Transition." You believe that the NRC's interim Enforcement Policy appropriately promotes balancing the public health and safety interest in grid reliability and stability, and the agency's and public's expectation that licensees will adhere to regulatory requirements. You also commented on the NRC's policy for taking enforcement actions in those cases in which a licensee, in its justification for a Notice of Enforcement Discretion (NOED), provided incorrect or incomplete information to the NRC (see 64 FR 41476), i.e., a 10 CFR 50.9 violation. You stated that enforcement action for a violation of 10 CFR 50.9 "...should only be imposed if the information submitted is known to be incomplete or inaccurate at the time it is submitted." You believe that this focused interpretation is particularly necessary in exigent circumstances such as during the Y2K transition period. The NRC relies on information submitted by licensees for making its safety determinations. As a result, it is important that licensees provide accurate and complete information in all material respects. Recognizing the fact that a licensee may not have all the necessary information during the relatively short Y2K transition period, the interim Enforcement Policy expects licensees to follow the NRC Inspection Manual Part 9900 guidance to the maximum extent possible and, accordingly, provide the best and most accurate information for any NOED request. This standard is no different from that which the NRC applies with regard to information submitted by licensees for any other exigent circumstances such as severe weather-related NOEDs, TkC emergency license amendments, etc. 7 10 CFR 50.9, Completeness and accuracy of information, requires that information provided by licensees to the Commission "...shall be complete and accurate in all material respects." Whether information submitted is known by a licensee to be incomplete or inaccurate at the time it is submitted is a consideration in determining the significance of a 10 CFR 50.9 violation. We believe that the regulation in this respect is clear and adequate for application during the Y2K transition period. C(Qq gMRU f, %/' %n % h h ifDP 9910130067 990827 ik PDR REVQP ERONUMRC PDR l'jiVVP 9 p & I? 3 - { ) L
[ s 4 I -Q . i .z. Robert Willis Bishop, Esq. ' We' thank you for your comments and trust that you will find the above explanation responsive to your concem. Should you have any questions or comments regarding these matters, please call me toll-free at 1-800-368-5642, Sincerely, i S.N Richard H. Wessman, Deputy Director Division of Engineering Office of Nuclear Reactor Regulation j I i i l i
1 ^ u, Robert Willis Bishop, Esq. i We thank you for your comments and trust that you will find the above explanation responsive to l your concem Should you have any questions or comments regarding these matters, please call i me toll-free at 1-800-368-5642,. Sincerely, I l Original signed by: Richard H. Wessman, Deputy Director ) Division of Engineering Office of Nuclear Reactor Regulation ' DISTRIBUTION: Controlled Correspondence file AHansen DMeyer RWessman. l LRaghavan Public
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