ML20237L343
| ML20237L343 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1987 |
| From: | Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20237L241 | List: |
| References | |
| FOIA-87-450 1330.1, NUDOCS 8708280060 | |
| Download: ML20237L343 (3) | |
Text
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3 RJ 1330.1/0 Page 1 of 3 l
RECION I INSTRUCTION 1330.1, Revision 0 DEVIATIONS A. Purpose To set forth the regional procedure for handling a deviation. '
, Reference 10 CFR 2, Appendix C - Section V.E.(2)
IE Manual Chapter 0400 - Section 0400-03.01 Region I Instruction 1320.1, Revision 0 - Violations !
B. Discussion The NRC Enforcement Policy (10 CFR 2, Appendix C) identifies a Notice of
( Deviation as a written notice describing a licensee's failure to satisfy a commitment where the commitment has not been made a legally binding requirement. In a memorandum to the Regional Administrators dated October 8, 1986 (copy enclosed), the Director IE, established that a deviation is a licensee's failure to satisfy a written commitment; for example, an FSAR commitment to conform to the provisions of applicable codes, standards, guides, or accepted industry practices, when the code, standard, guide, or practice involved has not been made a legally binding requirement by the Commission.
This instruction serves to:
define the elements that must be part of any written deviation set forth in a Notice of Deviation; describe the format and style for a Notice of Deviation issued by the region; and describe the use of a transmittal letter for sending the licensee a Notice of Deviation.
CONTACT:
Enforcement Officer Revision Responsibility:
ORA f014 - Il7' f#0 b/6' e,osegy s., *' **l, 1
. DEVfATIONS RI 1330.1/0
., Page 2 of 3 C. Procedure Implementation
- 1. The Division .esponsible for identifying a deviation shall prepare a {
N'otice of Deviation and a transmittal letter. The format for a J Notice of Deviation shall be similar to the fwnat for a Notice of Violation, which is set forth in IE Manual Chapter 0400, Appendices A-E. However, the Notice of Deviation shall request, rather than
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require, the licensee to provide a written explanation or statement describing corrective steps taken or planned, the results achieved, and the date when the corrective action will be completed.
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- 2. Each deviation set forth in a Notice of Deviation shall cor'ust of a i
" Commitment" paragraph, and a " Contrary to the above" paragraph. The i Commitment paragraph shall contain that portion of the commitment !
that was not adhered to by the licensee. The commitment may be '
paraphrased, but no meanings shall be changed. The " Contrary to the above" paragraph shall contain:
- a. The dates or time period during which the deviation occurred;
- b. The location where the deviation occurred, if applicable; and
- c. The numbers or values attained when a limit was exceeded, if applicable, j The two paragraphs shall contain only relevant facts and shall not I
{- Tontain any extraneous information. Turther, the two paragraphs shall be structured such that parallel wording exists between the paragraphs. 1
- 3. Whenever a Notice of Deviation is to be issued, a cover letter l transmitting the Notice to the licensee shall also be prepared. The !
cover letter shall (a) briefly describe the deviation (s), (b) state who identified the deviation, and (c) clearly state the NRC concerns, ,
with emphasis on the safety consequences and underlying cause(s) of i the deviation (s). A letter transmitting a Notice of Deviation shall '
be prepared in the same format as a letter transmitting a Notice of Violation which can be found in Appendices A and D of IE Manual Chapter 0400. The letter shall be signed by the responsible Division Director, or his designee.
- 4. Whenever the docket room receives a licensee response to a Notice of Deviation, it shall be provided to the responsible Division for evaluation and acknowledgement.
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. l DEVIATIONS RI 1330.1/0 l
, Page 3 of 3 D. Effective Date This Regional Office Instruction is effective upon receipt and will remain in effect until superseded. )
Approved: Thomas E. Murley I Regional Administrator J Dated: //I/[7 ,
Enclosure:
Memorandum, dated October 8, 1986 from Director, IE, to Regional Administrators Distribution:
Office of Regional Administrator Division Directors i Chief, Administrative Management Branch (original) l Resident Offices i
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