ML20237L376
| ML20237L376 | |
| Person / Time | |
|---|---|
| Issue date: | 02/15/1987 |
| From: | Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20237L241 | List: |
| References | |
| FOIA-87-450 1370.1, NUDOCS 8708280076 | |
| Download: ML20237L376 (3) | |
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RI 1370.1/0
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t REGION I INSTRUCTION 1370.1, Revision 0 l
ORDERS /0THER ESCALATED ENFORCEMENT f
A.
Purpose To set forth the regional procedure for the preparation and processing of Orders and other escalated enforcement actions, j
l References 10 CFR 2.202 10 CFR 2.204
- 10. CFR 2, Appendix C - Section V.C IE Manual Chapter 0400 - Section 0400-05.07 Regional Instruction 1360.1-Processing of Civil Penalty Packages B.
Background
The NRC Enforcement Policy (10 CFR 2, Appendix C) defines an order as a written NRC directive to modify, suspend or revoke a license; to cease and desist from a given practice nr activity; or to take such other action as may be proper, to protect public health and safety. An order is considered an enforcement action, as is a civil penalty or a Notice of Violation for a Severity Level I, II or III violation.
This instruction serves to identify the responsibilities of regional personnel involved with the preparation, processing, review and issuance of an Order or other escalated enforcement action.
C.
Discussion An Order may be issued by itself, (e.g., See Enclosure 2), or in conjunction with a civil penalty or Notice of Violation (e.g., See ).
The circumstances under which a specific type of Order may
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be issued are set forth in Section V.C of 10 CFR 2, Appendix C (NRC I
Licensees are generally afforded hearing rights
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prior to implementation of the terms of the Order, unless it is determined CONTACT:
1 Enforcement Officer Revision Responsibility:
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For 11 - 8 7-Y Co 8708280076 870825 f
r ORDERS /0THER ESCALATED ENFORCEMENT RI 1370.1/0 Page 2 of 3
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that the public health and safety so requires that the Order be j
immediately effective, or if the related violation (s) is found to be l
willful. Although the Directors of NRR and NMSS may issue Orders, all j
enforcement Orders are issued by the Director, IE.
D.
procedure Implementation 1.
If the Region determines that issuance of an Order is appropriate, j
but the Order does not need to be immediately effective, or if some other escalated enforcement action is warranted, the escalated enforcement action shall be processed in a manner similar to the v c essing of a civil penalty, as set forth in Regional Instruction 1 30.I.
2.
If the Region determines that issuance of an Order is appropriate and the Order should be immediately effec.'ive, the Enforcement Officer shall immediately prepare the Order and an accompanying transmittal 1
letter, and distribute a copy of the proposal to the Regional Administrator, Deputy Regional Administrator, Regional Counsel, and appropriate Divisional personnel (Director, Branch Chief, Section Chief, and inspector (s)).
The recipients shall immediately review the proposal and provide comments to the Enforcement Officer, who shall incorporate appropriate comments and provide a revised copy to the same individuals for concurrence.
Upon concurrence by the
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Regional Administrator, the Enforcement Officer shall transmit the proposal to IE/0GC via the IBM System 5520 for review and concurrence.
3.
Any Order prepared by the Enforcement Officer shall include:
a.
A description of the license, including date of issuance, date of the most recent renewal, date of expiration and a brief summary of the activities authorized by the license; b.
A concise description of the facts that form the basis for the Order; c.
A concise description of the NRC concerns, including an explanation of why the facts demonstrate that an Order is appropriate; and, d.
Clear and concise action statements which comprise the terms of the Order.
4.
Upon transmittal of the proposed Order to IE/0GC, the Enforcement Officer shall coordinate the regional interface with IE/0GC to resolve any question or concerns raised prior to issuance of the Order by the Director, IE.
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ORDERS /0THER ESCALATED ENFORCEMENT RI 1370.1/0 l
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5.
Upon receipt of any required licensee response to an Order, the l
Enforcement Officer shall review and summarize the response, and provide copies to the Regional Administrator, Deputy Regional Administrator, Regional Counsel and appropriate Divisional personnel (Director, Branch Chief, Section Chief, and inspector (s)).
The responsible Division shall evaluate the response and shall prepare, if needed, any additional NRC response for the concurrence of the Enforcement Officer, Regional Counsel and Deputy Regional Administrator and for the signature of the Regional Administrator (or his designee).
6.
The responsible Division shall monitor the licensee's implementation of the terms of the Order, and upon completion of all terms of the Order, shall prepare a letter to the licensee " closing out" the Order.
This letter shall be sent to the Enforcement Officer, Regional Counsel, Deputy Regional Administrator and Regional Administrator for concurrence, and upon concurrence by the Regional Administrator, the Enforcement Officer shall send the letter to IE for concurrence.
Upon concurrence by the Director, IE, the letter shall be signed by the Regional Administrator and issued.
D.
Effective' Date I
This regional instruction is effective upon receipt and will remain in
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effect until superseded.
APPROVED: Thomas E. Murley 1
Regional Administra or DATED:
b
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Enclosure:
1 1.
Example of an Order 2.
Example of an Immediately Effective Order l
Distribution:
Office of Regional Administrator Division Directors Chief, Administrative Management Branch (original)
Resident Offices
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