ML20236U264
| ML20236U264 | |
| Person / Time | |
|---|---|
| Issue date: | 07/22/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Mcgaffigan E NRC COMMISSION (OCM) |
| References | |
| COMEXM-98-004, COMEXM-98-4, NUDOCS 9807290421 | |
| Download: ML20236U264 (2) | |
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See attachment.
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Shirldp Ann Jackson D' ate Chairman' MEMORANDUM FOR:
John C. Hoyle. Secretary FROM:
Edward McGaffigan Jr.
SUBJECT:
POLICY FOR GRANTING ENFORCEMENT DISCRETION AS A RESULT OF NATURAL EVENTS I have significant concerns about larger public health and safety consequences that arise from the existing enforcement policy' and implementation guidance 2
for granting enforcement discretion as a result of natural events, such as severe weather.
I undentand that at some point in the past, the NRC staff was able to grant enforcement discretion in the form of a Notice of Enforcement Discretion (NOED) in such instances without seeking Commission consultation.
I am proposing a return to a policy that would empower the staff to grant N0EDs in cases involving severe weather.
The relevant provision of the implementation guidance is that "[I]n emergency situations, where natural events affect the overall public safety (rather than /
the radiological safety). N0EDs are not appropriate: but enforcement I
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' Commission consultation is required in ten situations described in Section ill of the Enforcement Policy (NUREG-1600). The relevant provision in Section til of the enforcement policy states that "..the Commission will be consulted prior to taking action in the following situations (unless the urgency of the situation dictates immediate action):
(1) An action affecting a licensee's operation that requires balancing the public health and safety or common defense and security implications of not operating with the potential radiological or other hazards associated with continued operation:
(2)."
r Policy guidance for issuing notices of enforcement discretion (NOEDs) is provided in Chapter 6 of the Enforcement Manual (NUREG/BR-0195).
- See NRC Administrative Letter 95-05," Revisions to Staff Guidance For implementing NRC Policy on Notices of Enforcement Discretion," dated November 7,1995; NRC Inspection Manual Part 9900:
Technical Guidance," Operations - Notices of Enforcement Discretion," NUREG-1600 (Issue Date 11/02/95);
Project Managers Handbook, Section 4.13.
9807290421 930722 PDR COMMS NRCC
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Chairman's Comments on COMEXM-98-004:
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j i concur on this recommendation, and I would like to compliment the staff on having
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achieved the progress (in responsible implementation of the NOED process) that makes this practice feasible. The Commission will continue to monitor closely the
_ implementation of the NOED process. For any occasions in which the staffissues an
- NOED due to severe weather conditions, based on the determination that safety will not l
be impacted unacceptably by exercising this discretion, the NOED should be fo warded
' expeditiously to the Commission for information To be clear the staff should continue l
to consult with the Commission for any case (including cases involving severe weather) in which a licensee has requested enforcement discretion based on the potential public
- health and safety consequences of not operating, and the staff cannot make the determination that continued operation will not result in an unacceptable safety impact (i.e., *an action affecting a licensee's operation that requires balancing the public health and safety or common defense and security implications of not operating with the potential radiological or other hazards associated with continued operation * [ italics added]).
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