ML20245A202

From kanterella
Jump to navigation Jump to search
Forwards Proposed IE Manual Chapter 0612 Re Resolution of Differences of Opinion About Insp Findings,For Review & Comment.Response Requested by 870315
ML20245A202
Person / Time
Site: Comanche Peak Luminant icon.png
Issue date: 02/04/1987
From: Partlow J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Allan J, Ernst M, Zerbe J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20237K807 List: ... further results
References
NUDOCS 8702250033
Download: ML20245A202 (4)
v • d • e


Text

- _ _ - _ _ _ _ _ _ _ _ _ _ __

)

r '

[  %

' ,t, UNITED STATES NUCLEAR REGULATORY COMMISSION 3 $ WASHINGTON, D. C. 20555 o *

% ***** /

February 4,1987 MEMORANDUM FOR: John E. Zerbe, Director P.egional Operations and Generic Requirements Staff Office o' the Executive Director for Operations James M. Allan, Deputy Regional Administrator s Region I Malcolm 1.. Ernst, Deputy Regional Administrator Region IT A. Bert Davis, Deputy Regional Administrator Regiun I;:I Paul S. Check, Deputy Regional Administrator Region 1*/

Bobby H. Faulkenberry, Deputy Regional Administrator Region V Donald B. Mausshardt, Deputy Director Office of Nuclear Material Safety & Safeguards Richard H. Vollmer, Deputy Director Office cf Nuclear Reactor Regulation FROM: James G. Partlow, Director Division of Inspection Programs Office of Inspection and Enforcement

SUBJECT:

RESOLUTICN OF DIFFERENCES OF OPINION ABOUT INSPECTION FINDINGS Enclosed for review and comments is proposed IE Manual Chapter 0612 dealing with this subject. We would appreciate receiving a response from your organization by March IE, 1987. /

)(,

James 3. Partin, Di rec:ur Divisi;n c' :ns;n u w Programs Cf tice' o f Increction and Enforcecer.t

Enclosure:

IE MC 0612 -

~

/ .-< - ,.>

t/

/c } QU u ..

> ,i

i l

DI CilAPTER 0612 i

I RESOLUTION OF DIFFERENCES OF OPINION ABOUT INSPECTION FINDINGS I i

0612-01 PURPOSE To provide within the NRC regional office a mechanism for resolving dif-ferences of opinion between inspactors and supervision regarding the pro-posed findings from an NRC inspection of an NRC licensee.

0612-02 OBJECTIVE To assist in developing a work environment in which differences of opinion about the findings from an inspection are resolved in an open and cbjective manner.

0612-03 DISCUSSION It is only natural that there will be differences of opinion, from time to time, about the safety significance of some of the proposed findings in an inspection report. These differences result, in part, from variations in the technical and regulatory experience of the individuals involved, the depth of technical knowledge they possess on a particular subject, anc their understanding of NRC policies and requirements. Differences also result from differences in belief about how for NRC should go in its regulation of licenses, difficulty in achieving a common interpretation of certain NRC requirements, and questions about what to do with situations tha; 're not currently covered by an NRC regulatory requirement.

An inspection report contains the NRC's evaluations and conclusions concerning licensee compliance end safety performance. It is an agency document, not the document of an individual agency employee. It should represent the conclusions of the agency af ter significant questions cr differences within the NRC regarding the inspection have been resolvec'.

Sometimes a question or difference cannot be resolved and the appropriate level in the regional management chain must make a decision and record it in the report as the NRC's judgment on the matter.

When an inspector or superviscr signs the cover sheet on an inspection  !

report, that action indicates that the inoivicual agrees in substance with j the contents of the report. If subsequently the rG ort is accified prior l

to issuance to the licensee, the signctors shoulc have the opportunity ic review the change. If anyone does not agree, his or her signature sheulc not appear on the cover sheet.

1 Issue Cate: l

4 Both inspectors and regional supervision have important roles to play in the inspection process. The inspector has the responsibility uf being the

" eyes and ears" of the NRC while making an inspection of licensee activi-ties and facilities. The NRC expects that the inspector will be conscien-tious and diligent in carrying cut his or her inspection role and that the inspector will follow NRC policies and other requirements in developing proposed findings and conclusions for the inspection report. Regional supervision has the responsibility of ensuring that the findings and conclusions in the inspection report are technically sound and meet NRC policies and other NRC requirements. In arriving at final conclusions about what should be included or excluded from an inspection report, regional supervision needs to use a constructive approach that will help ensure continued independent judgments by inspectors while at the same time 3 j

adhering to established policies and requirements. Such adherence is an >

essential part of the regulatory process because it helps to ensure that licensees throughout the country are treated consistently and in accordance with the same standards for judging their performance.

0612-Of RESPONSIBILITIES 0 .01 Regional management is responsible for meeting the requirements containid in this IE Manual Chapter 6nd for fostering a climate where differences of opinion can be resolved in an open and objective manner. ,

Of.02 Inspectors are responsible for utilizing their technical and inspec- l tion sliills during inspections to identify unsafe conditions anc violations of NRC requirements, to accurately record the facts that were obtained during the inspection and to develop conclusions regarding the findings of an inspection that are based on the facts.

0612-0 REQUIREMENTS j

04.01 Supervisors shuuld discuss inspection findings wi th inspectors during or immediately following the inspection and solicit the views of other knowledgeable NRC staff, as necessary, to come to supportable con-clusions concerning the results of the inspection. If there is a differing' viewpoint, it should be resolved at this stage if possible. Sa tis factory resolution includes the case where the inspector accepts the judgement of the superviscr and the supervisor acknowledges that a difference of views j is understandable and proper but that the report cannot contain both judgments.

Q4.02 In the case where a mutually 6cceptable understanding cannut be l arrived at, the issue should be referred to the next higher level of l regional management. Higher levels of regional caragement inclucing the  !

Regional Administrator may be contacted if the cor.ce rne d inspector feels I that further consideration mey resolve the matter befcre issuance cf the repcrt.

C4'. 03 Inspection fincings should not be alterec or deiuted from the report after 6n inspector has signec the cover sheet without that inspector's j concurrence. However, a new ccver sheet ira,;. De ;re;ured, signec by super-vision ont the inspectico report issuec wi:bn.1 hc inspector's ccra r-rence.

Issue Date: .c. r r_:

. o ', 7 0/.04 When the informal process for resolution of inspection issues has been completed iii the region, the inspection report should be issued with regional management's final judgment on the matter. However, the inspector is, not required to sign any report with which he or she does not agree.

Od.05 For the case in which an inspector believes his/her differin ure of such importance that formal resolution of them is necessary,g he/she views should use the procedure given in NP.C Manual Chapter 4125 (Offfering Professional Opinions).

Et!D l

I i

C612 ~3- Issue fu.e: f i

O

^

T)

W M

S i

Ol

!

Retrieved from "https://kanterella.com/w/index.php?title=ML20245A202&oldid=3105689"