ML20217N986
| ML20217N986 | |
| Person / Time | |
|---|---|
| Issue date: | 01/23/1998 |
| From: | Pederson C NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Cool D NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20217N983 | List: |
| References | |
| NUDOCS 9804090283 | |
| Download: ML20217N986 (2) | |
Text
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- r ua UNITED STATES
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7 NUCLEAR REGULATORY COMMISSION f\\
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REGION m 4
801 WARRENVILLE ROAD I
o.,,. N [o,8' LISLE. ILLING S 60532-4351 January 23, 1998 MEMORANDUM TO:
Donald A. Cool, Dirs ctor Division of Industrial and Medical Nuclear Safety, NMSS y
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l FROM:
Cynthia D. Pederson, Director A
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Division of Nuclear Materials Safe l
SUBJECT:
POLICY AND GUIDANCE DIRECTIVE 0-12: " FOLLOW-UP ACTIONS FOR ORDERS SUSPENDING AND REVOKING l
LICENSES FOR NONPAYMENT OF FEES" Region ill has established a process to implement the above referenced Policy and Guidance Directive. In developing our intemal procedures, we identified the following areas as needing further guidance or clarification: (1) interactions with any of the affected Program Offices, (2) enforcement involving non-compliances with suspension orders, (3) inspection procedures for confirming compliance with suspension orders, and (4) reinspection of suspended licenses.
Specifically, we are requesting guidance or clarification on the following issues:
l 1.
It is unclear why the regional staff should make calls to licensees inquiring whether they have received " Notices of Payment Due." We believe the Office of the Ountroller (OC),
who originates the informstion and can obtain duplicates for thae licensees who provide a negative response, shculd initiate this type of contact. The regions do not have access to billing records and can only refer licensees to OC anyway. In addition, these notices may be sent as certifie t mail, eliminating the need for the NRC to question whether a bill l
was received. Please clarify why the regions are delegated this responsibility.
l 2.
We understand tnat it is important to determine the status of licensed activities and licensees' intentions relative to the order. However, we question the need for the region to verify receipt of the orders when they are sent CER;. 'rD MAIL - RETURN RECEIPT l
l REQUESTED. OC will have the information regarding the o te received and the l
individual who signed the retum receipt. OC shou!d provide the regional program assistant with this information before we place any calls with respect to the licensees' intentions relative to the order. We believe that this would project a more professional approach when we contact the licensees.
3.
The directive requires that the regions call OC after issuance of the final action l
memorandum to determine if the licensee remitted unpaid fees if the region does not i
receive materials disposition records from the licensee. It is our understanding that this j.
information is verified before issuing the final action memorandum and upon issuance of the memorandum, the license is revoked. Please clarify the need for this additional call.
4.
The directive states that 30 days after issuance of the order, OC either revokes the license for nonpayment of fees or rescinds the order if the licensee submits payment due.
In addition, the proposed order states that the licensee must arrange for the disposal of licensed material within 30 days of the date of the order. In some instances, difficulty in 9804090283 980407 PDR ORG NOMA PDR
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e D. Cool l i
locating the licensee has resulted in delays in delivering the order. This :lelay could result in a license being revoked before the licensee receives the order. It is unclear why the 30 day period provided for submission of delinquent debts begins and the order is t
effective before the licensee receives the order. The region suggests that the directive be revised to specify that the licensee has 30 days from receipt of the order to dispose of licensed material or submit delinquent debts.
5.
Does the Office of Enforcement (OE) or the Office of Nuclear Material Safety and q
Safeguards (NMSS) have guidance on what enforcement actions are necessary, or should be taken, if a licensee fails to comply with the suspension order?
6.
Are there specific inspection procedures that NMSS expects to be performed for ensuring compliance with the order? Which program areas should be reviewed?
7.
What are NMSS' expectations regarding reinspection of suspended licensees once an initialinspection determines compliance with the order? At what frequency should we reinspect these licensees, and what type of reinspection is warranted, i.e., a telephone contact or a physicalinspection?
8.
Does NMSS have guidance for addressing a licensee's abandonment of licensed material following issuance of the order? Specifically, who is responsible for disposal of the materialin this case?
I 9.
Does OE have guidance on whether the suspension order or 10 CFR 30.36 takes precedence regarding decommissioning timeliness?
We appreciate your efforts in providing Region ill with the requested guidance.
cc: J. Greeves, NMSS J. Lieberman, OE R. Blough, RI D. Collins, Ril R. Scarano, RIV D. Dandois, OC
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