ML20237L650
| ML20237L650 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/1987 |
| From: | Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | |
| Shared Package | |
| ML20237L241 | List: |
| References | |
| FOIA-87-450 1310.1, NUDOCS 8708280197 | |
| Download: ML20237L650 (3) | |
Text
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RI 1310.1/1 Page 1 of 3 REGION I INSTRUCTION 1310.1, Revision 1
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RELIEF FROM TECHNICAL SPECIFICATION LIMITING CONDITIONS FOR OPERATIONS (LCO)
A.
purpose To set forth the regional procedure for implementing the general guidance l
provided in Enforcement Guidance Memorandum 85-058-(enclosed), issued on l
February 27, 1987, relative to the procedures to be followed when a l
facility seeks to operate, even though there is e.n applicable technical specification limiting condition of operation (Tech Spec LCO) that requires shutdown.
B.
Background
Dependent upon whether or not a license amendment is required, one of two procedures should be followed when a licensee seeks relief from a Tech Spec LC0 so as not to unnecessarily require shutdown or delay startup.
(
In the case where a license amendment will be required but cannot be processed before expiration of the LCO action statement time limit, the i
licensee should seek from NRR a temporary waiver of compliance from the Tech Spec LCO in accordance with EGM-85-058 for a sufficient period of time to allow NRR to process an emergency license condition.
This temporary waiver of compliance may be granted by the responsible Project Director, NRR with the concurrence of the Region I Director, Division of Reactor Projects. A temporary waiver of compliance should not be used if the licensee knew of a problem and elected not to take action sooner, In the case where a license amendment would not be appropriate, enforce-ment discretion may be used in certain limited circumstances to grant relief from a Tech Spec LCO for some specified period provided good cause has been shown.
Such enforcement discretion may be exercised only by the Regional Administrator, and may only be provided if it is clear that operating in excess of the Tech Spec LCO action statement for the period of time that relief will be granted will not place the plant in an unsafe condition.
The intent of such discretion is to promote safety by not imposing unnecessary transients on an operating plant or not delaying CONTACT:
Enforcement Officer Revision Responsibility:
ORA 8708200197 970025 FOIA PDR PDR 0011997-450
RELIEF FROM TECHNICAL SPECIFICATION LIMITING RI 1310.1/1 CONDITIONS FOR OPERATIONS (LCO)
Page 2 of 3 reactor startup due to literal reading of the technical specifications under certain conditions where there is no safety reduction.
Such discretion should not be used in situations where a licensee knew of a problem and elected not to take action sooner, or if relief in excess of about two days is needed.
C.
Procedure Implementation 1.
Temporary Waiver of Compliance Any regional employee who identifies or is informed of a facility that seeks a temperary waiver of compliance with a Tech Spec LCO for a sufficient period of time to allow the NRR staff to process a license amendment which cannot be processed before expiration of the Tech Spec LCO action statement, should immediately inform his or her management, who in turn shall inform the Director, Reactor Projects.
It is the responsibility of the Director, Division of Reactor Proiects, to notify the approp*iate staff within NRR of the need for a temporary waiver of compliance.
The responsible Project Director in NRR, with the concurrence of the Region I Director, Reactor Projects, will process the request in accordance with EGM-85-05B, and may grant the requests provided the conditions set forth in EGM-85-05B have been met.
2.
Enforcement Discretion Any regional employee who identifies or is informed of a facility that seeks a temporary waiver of compliance from a Tech Spec LCO action statement in circumstances where an emergency Tech Spec amendment by NRR is not appropriate, should immediately inform his or her supervisor, who in turn through their management should imme-diately inform the Regional Administrator.
The Division Director, Reactor Projects, shall consult with the Project Director, NRR, and the Director, Division of Reactor Inspection and Safeguards, NRR, to ensure that enforcement discretion is the appropriate mechanism to Further, the Division Director, Reactor Projects, should con-use.
tact the licensee to ensure that their oral request is confirmed in writing, documenting the rationale for their request. The Director, Reactor Projects, and other cognizant Division Director, if appro-priate should immediately brief the Regional Administrator concerning the justification for such relief from the Tech Spec LC0.
The authority to exercise enforcement discretion is granted to the Regional Administrator and cannot be further delegated.
If the Regional Administrator or acting Regional Administrator agrees to exercise enforcement discretion and grant temporary relief to allow continued operation, he will so inform the licensee by telephone, and, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of the oral authorization, will send the licensee a.etter (example enclosed), prepared by the Division of Reactor Projects, confirming the use of the discretion. The
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RELTEF FROM TECHNICAL SPECIF1 CATION LIMITING RI 1310.1/2 CONDITIONS FOR OPERATIONS (LCO)
Page 3 of 3 s
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Director, Division of Reactor Projects should subsequently prepare a memorandum (example enclosed) from the Regional Administrator to the Deputy Executive Director for Regional Operations and the. Director, NRR documenting the circumstances under which enforcement discretion was deemed justified.
j i
D.
Effective Date l
This regional instruction is effective upon receipt and will remain in effect until superseded.
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APPROVED: William T. Russell Regional Administrator JUN 11 1937
Enclosures:
1.
Enforcement Guidance Memorandum 85-0EB 2.
Example of a Letter to a Licensee authorizing the use of enforcement discretion to grant temporary relief 1
from a technical specification LCO l
k 3.
Example of a Memorandum to the Deputy Executive Director for Regional Operations, and Director, NRR providing justification for use of enforcement discretion.
Distribution:
Office of Regional Administrator Division Directors Chief, Administrative Management Branch (original)
Resident Offices 1
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