ML20237L725
| ML20237L725 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/1987 |
| From: | Harold Denton, Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), Office of Nuclear Reactor Regulation |
| To: | Grace J, James Keppler, Murley T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20237L241 | List: |
| References | |
| FOIA-87-450 EGM-85-05B, EGM-85-5B, NUDOCS 8708280225 | |
| Download: ML20237L725 (4) | |
Text
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,'#g UNITE D STATES Memorandum (EGM)85-058 s e NUCLE AR REGULATORY COMMISSION concerning Relief from j, I WASHWGTON.D C 20555. Technical Specification LCC :
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.j/ --Regional Instruction 1310 w .
be revised to incorporate t !
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FEB 3 1987 guidance set forth in this EGM.
cc: J. Allan S. Collir.
g,.85 "Oh MEMORANDUM FDP: Thomas E. Murley, Regional Administrator, R gion"!
J. Nelson Grace, Regional Administrator, Region 11 Janes G. Keppler, Regional Administrator, Region 111 l l
Pobert D. Martin, Regional Administrator, Pegion IV .
j John B. Partin, Pegional Administrator, Pegion Y FROM: Harold R. Denton, Director Office of Nuclear Peactor Regulation James P. Taylor, Director Office of inspection and Enforcement
SUBJECT:
REL3EF FRDF 7ECHNICA1. SPICITICATION LCOs This inemorandum supersedes EGN 85-05A dated November 21, 1985 on the same sub-ject. The purpose of this revision is to reaffirm that there are two paths to grant relief from technical specification limiting conditions for operation (T5 LCOs) that would unnecessarily reouire shutdown er delay startup absent some relief. Based oft the experiences to date, this EGP clarifies the roles of both FRR and the regions.
Temporary Waiver of Compliance A temporary. waiver of.rompliance is a vehicle for NRP to trant relief from a T5 LCD. It applies to those situations in which a license amendment is the appropriate trechanism to Tesolve the situation but it could not be processed before the LCO action statement time limit expired. ,A tercorary waiver of compliance with the T5 LCO is the vehicle to be used to provide a sufficient period of tire to allow the staff.to process an emergency license amendment.
The responsible Project Director in NRP, with the concurrence of the responsible Regional Division Director, inay grant a temporary waiver of compliance if the licensee has demonstrated in a written submittal, provided before the TS LCO expired, that the facility can safely continue to operate without compliance with the technical specification during the time it will take to process the amendment request. The waiver [imcludint; a description of compensatory
<neasure(s)1 must be promptly documented in a letter from the Project Director.
NRP to the licensee and should be for a fixed period of time, normally not to exceed the two werking days it takes to process an emergency amendment.
Although the licensee is in technical noncompliance during the waiver period, enforcement action will met te taken for themeried during which the waiver is in effect.
B708280225 B7082S PDR FOIA GUILDB7-4SO PDR
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,[ c, UNITE D sT ATEs y # j NUCLE AR REGULATORY COMMISSION
- , g WASHINGTON, D C. 20555 o '*
/
FEB 171987 EGM-85-053 MEMORANDUM F0P: Thomas E. Murley, Regional Administrator, Region !
J. Pelson Grace, Regional Administrator, Region T1 James G. reppler, Regional Administrator, Region 111 Robert D. Martir, Regional Administrator, Peoion IV John B. Martin, Pegional Administrator, Pegion V FROM: Farold R. Denton, Director Office of Nuclear Peactor Regulation James M. Taylor, Director Office of inspection and Enforcement
SUBJECT:
RELIEF FROM TECHNICAL SPECIFICATION LCOs This memorandum supersedes EGM 85-05A dated November 21, 1985 on the same sub-ject. The purpose of this revision is to reaf#irm that there are two paths to grant relief from technical specification limiting conditions for operation (T5 LCOs) that would unnecessarily recuire shutdown or delay startup absent some relief. Based on the experiences to date, this EGM clarifies the roles of both NRR and the regions.
Temporary Waiver of Compliance A temporary waiver of compliance is a vehicle #or NDP to orant relief from a 75 LCO. It applies to those situations in which a license amendment is the appropriate mechanism to resolve the situaticn but it cculd not be processed befcre the LCO acticn statement time limit expired. A temocrary waiver of compliance with the T5 LCO is the vehicle to be used to provide a sufficient period of time to allow the staf# to process an emergency license amendment.
The responsible Project Director in NRR, with the concurrence o' tre responsit'e Regional Division Director, may grant a temporary aiver of compliance if the licensee has demonstrated in a written submittal, provided before the TS LCO expired, that the facility can safely continue to operate without compliance with the technical specification during the time it will take to process the amendment request. The waiver fincluding a description of compensatory measure (s)) must be promptly documented in a letter ' rom the Project Director, GP to the licensee and should be for a fixed period o' time, normally not tc evceed the two werk4rg days it takes to process an ere gercy emendrert.
Although the licensee is in techrir.a1 noncompliance durirg the waiver ter4cd, enforcement action will not be taken for the period during which the waiver is in effect.
Multiple Addr2ssees ?
The responsible Division of Licensing in NRR should proceed to expeditiously process the amendment reouest, in accordance with existing NRR procedures for emergency amendments. If it is deterrrined during the processing of the amend-ment that it raises a significant hazards consideration, the amendment should not be granted without prior notice and an opportunity for hearing. In such a situation any waiver of compliance is to be imediately suspended and com-pliance with the action statement must be required. Steps must be initiated by the licensee to schieve the required plant status imediately upon notifi-cation of the suspe:sion and the required actions implemented. That is Assur-ing a 7-day action statement for which 3 days have passed, the licensee does not have 7 days to initiate the recuired steps since time will already have elapsed during the waiver period. The matter must be concluded within 4 days.
Alternatively, the licensee should promptly initiate an orderly shutdown if the action statement had elapsed during the waiver period.
Acknowledgement of the w6iver should be included in the NPP letter to the licensee approving the emergency statement. Similarly, a confirmatory letter riost be sent to the licensee in those cases where the waiver is suspended.
enforcement Discretion Enforcement discretion is a vehicle for the Pegional Administrator to grant relief from TS LCOs in certain limited circumstances in which a license amend-ment would not be appropriate. The intent of such discretion is to promote safety by not imposing unnecessary transients on an operating plant or not delaying reactor startup due to literal reading of TS under certain circurrstances where there is oc safety reduction. Since the nature of problems encountered in such situations is expected to be temporary and nonrecurring, an emergency arrendment(s) is not normally needed. Conversely, if an emergency technical specification provides the appropriate resolution for a current issue, then enforcement discretien is not appropriate and NRR should consider a temporary waiver of compliance. fnforcerrent discretier is net an acceptable substitute
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for a license arendmert.
Use of en'orcement discretion is expected to occur infrequently and should be for goed cause. In general, use of enforcement discretion should be considered to promote the sa'est course of action. The situation trust not have been reasonably foreseen by the licensee and timeliness o' NRC action is of essence to preclude imposition of a transiert. In cases where the 'icensee knew of the problem and elected not to take action sooner, neither a waiver of compliance ner enforcement discretion is an appropriate vehicle.
'he authcrity to exercise enforcement discretion is granted only to the Regiors' Adriristrator and thisd' retrrnsibility cannot be 'urther delegated. SucF relie' sh i c te given crdy it is c'Ecr that operatino in excess of tFe TS T acticr. statemer.t 'or the pericc c# time that relief will be granted will nct place the piart in an unsa#e condition. if it is ervisioned in advance trat
Multiple W ressees 3 such relief would nominally be needed in excess of about 2 days then enforce-ment discretion may not be appropriate. If an emergency amendment is appro-priate, then that channel should be used. In such cases consultation between NPR and regional managers is reouired to assure that the appropriate rechanisr .i is used. The responsible NRR Project Director and IE Division Director respon-sible for Inspection Programs should be infonned by telephone of the discretion exercised. The licensee's oral recuest for enforcement discretion should be followed promptly in writing, documenting their rationale for the reouest.
Whenever enforcement discretion is used, the circumstances fincludino a descrip-tion of compensatory measure (s)? should be documented in a memorandum by the Regional Administrator and promptly sent to the Director, Office of NRR and the Director, Office of IE. Similarly, a followup letter to the licensee acknnwl-edging the enforcement discretion is required 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. All such memoranda and letters should be placed in the PDos .
Sumary A temporary waiver of compliance is a vehicle for NPR te grant relief from a TS LCO where a license amendtrent is appropriate but the amendment could not be processed t'efore the LC0 action statement time limit expired. En'orcement discretion is a vehicle 'or the Regional Adfriristrator to grant relie# from
'S LCOs in certain limited circumstances in which a license amendment would rot be appropriate.
If a TS LCO will be exceeded before a waiver or license amendment can be granted, or if enforcement discretion is not exercised by the Regional Adminis.
trator, the licensee must take the Action required by the LCO actirn state-( ment. Waiver of compliance and enforcement discretion are discretionary acts of the staff that need not be exercised unless the staff is clearly satisfied there is good cause and the staff is clearly satisfied the exercise of such action is consistent with the public health ar.d safety. Of course, a licensee ray depart (rcr. its technical specifications, pursuant to the crovisiers o' 10 CFR 50.Edf r', without prior NPC approva' in an emergency when it must act immediately to protect the public health and sa'ety.
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'arold R. Certen. Directer Cffice c' Nuclear Feactor Regulation
.w ,
M e's"N aylop, ~irector Cf' ice o' :nspecticn ar.d En'orcerent IE Division Directors cc:
NRR Division Directcrs NRC Project P rectors l _ _ _ _ _ _ . _ . _ _ ._ . _ _ _ . _ - _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _