ML20244D267
Text
p a t o
,'o, va p
e UNITED STATES Ej,ci i
NUCLE AR REGULATORY COMMISSION 3J E
f WASHINGTON D. C. 20555
~
g.....f
- i a
f MEMORANDUM FOR:
Thomas E. Murley, Administrator, Region I J. Nelson Grace, Administrator, Region II g
James G. Keppler, Administrator, Region III Robert D. Martin, Administrator, Region IV John B. Martin, Administrator, Region V FROM:
James M. Taylor, Director Office of Inspection and Enforcement
SUBJECT:
USE OF CIVIL PENALTIES AND ORDERS Recently there has been an increase in the number of Orders submitted to IE the Regions.
Many of these Orders involved violations, problems, or events which had not been identified in previous inspections.
I Enforcement Policy is that enforcement actions will nonnally escalate inA basic tene first to correct problems instead of Orders. severity if violations recur a See Table 2, 49 FR 8583, 8591 (March 8,1984).
Orders, on the other hand, shoilld be used if the problem continues unabated after issuance of a civil penalty, if the civil penalty fails to achieve the desired results, or in unusual situations in which particularly serious problems require immediate attention.
of Orders for routine problems could detract from their effectiveness.Too frequent use
/
" [.-
ames M. Ta[r, Director j 0ffice of rnspection and Enforcement i
cc:
J. Lieberman, ELD J. A. Axelrad IE Enforcement Staff si,6 pgy - ??-W6 G/to c-wnup a #
J
l
/ps seog o
UNITED STATES E
NUCLEAR REGULATORY COMMISSION
,n 38
~
i a.as.uNoTON. O C. 20555 x..... ;!
JDl.151985 EGM 85- 05 MEMORANDUM FOR:
T. E. Murley, Regional Administrator, Region !
J. N. Grace, Re; tonal Administrator, Region 11 J. G. Keppler, iegional Administrator, Region Ill R. D. Martin, Regional Administrator, Region IV J. B. Martin, Regional Administrator, Region V FROM:
Harold R. Dento, Director Office of Nucletr Reactor Regulation James M. Taylor, N rector Office of Inspet f on and Enforcement
SUBJECT:
RELIEF FROM TECH C AL SPECIFICATION LCO'S It has come to our attention that some Regions have been granting relief from technical specification limiting :enditions for operation upon request fran licensees without following the p ocedures for granting license amendrnents and, in some cases, without obtaising NRR concurrence prior to granting the relief.
In a number of instances, some of which were documented in response to an April 5,1985 request from ugh Thompson, licensees would have been required to shut down or to delay start-up absent some relief.
the licensees were permitted to c,ntinue in operation or to start up and theIn each cas event was resolved under the rubric of " enforcement discretion."
We are writing this memorandum to ciarify the approach to be used for granting or denying amendments in situations in which the amendment cannot be expires. processed before the limiting con:ition for operation action statement time Emergency relief from the technical specifications may be given only in rare circumstances for the short periot c# time it takes to process an emergency license amendment.
When a limitirg condition for operation in a technical specification will be exceeded withim a few hours and if, as a consequence, the licensee will have to shut dom the plant or to delay start-up, a licensee may seek a temporary waiver of concliance with the requirement for a sufficient period of time to allow the staff to process an emergency technical specification amendment.
The apprmriate Assistant Director of the Division of Licensing in NRR, with the conc 2rrence of the responsible Regional Division Director, may grant a temporary waiver of compliance with the requirement if the licensee has demonstrated in a wri ten submittal provided before the TS LCO expires that the plant can safely toetinue to operate without compliance with the technical specification during the time it will take to process the anecidment request.
for immediate action was due to circumstances beyond the lice and the licensee could not have retscrnably foreseen the need fo.r relief in time for normal processing of the amendnect request.
[01/f- ?7M6 4 psye+g.
O
]
JUL 151985 Regional Acniaistrators 1 I
The waiver should be documented by the Division of Licensing, NRR and should i
be for a fixed period of time, normally not to exceed the two working days it takes to process the amendment.
Enforcement action will not be taken for the period curing which the waiver is in effect.
The Assistant Director of the Division of Licensing in NRR should proceed to expeditiously process the amendment request, in accordance with existing I
procedures for emergency amendments.
of the amencment that it raises a significant hazards consideration, theIf it amendment should not be granted without prior notice and an opportunity for a
{
hearing.
In addition, if during the processing of the amendment such a finding is made, any. temporary waiver is to be lunediately suspended and the compliance with the action statement should be required.
As a separate matter, if it is found during the safety review that an LC0 has no safety basis, it shculd be deleted or revised -using existing procedures.
Except in the rare circumstances described above, if an LC0 in a technical specification will be exceeded before a license amencrment can be granted, the licensee must nonetheless take the action requirec by the action statement accompanying the LCO.
Of course, a licensee may depart from its technical NRC approval in an emergency when it must act immediate public health and safety.
7 ro d R.
e an, tor Office of Nuclear Reactor Regulation l.
/
J f
mes H. Tay1
, Director fficeofIns$ectionandEnforcement I
__._______._______.-__..---__-_-----_-----_--____-J