ML20246D280

Requests Review of Encl Regional Ofc Policy Guide 0758, NRC Inspector Entry Into Dangerous or Hazardous Areas, W/Purpose of Identifying Potential Conflicts W/Util Policies & Procedures.W/O Encl

ML20246D280
Person / Time
Site:	Wolf Creek
Issue date:	04/28/1989
From:	Callan L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Withers B WOLF CREEK NUCLEAR OPERATING CORP.
References
NUDOCS 8905100182
Download: ML20246D280 (4)

Text

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p y 'C , APR 281989 In-Reply Refer To:

Docket: STN 50-482 ,

e Wolf' Creek Nuclear Operating Corporation ATTN: Bart D. Withers President and Chief Executive Officer P.O. Box 411 Burlington, Kansas 66839

(

F Gentlemen:

I i

The attached Regional Office Policy Guide 0758, "NRC Inspector Entry into L Dangerous or Hazardous Areas " has been provided recently to all NRC inspectors in Region IV. It gives the inspectors guidance on the rights and duties of inspectors to enter dangerous or hazardous areas controlled by others. Please review this guidance for the purpose of identifying potential conflicts with your policies and procedures in this area. Please contact me or Dwight Chamberlain of my staff, if you cannot accommodate this internal NRC Region IV guidance at your facility.

i Sincerely, Original Signed By Dwight D. Chamberlain for i

L. J. Callan, Director

[

Division of Reactor Projects ]

Enclosure:

NRC Policy Guide 0758 cc:

Wolf Creek Nuclear Operating Corporation ATTN: Otto Maynard, Manager of Licensing P.O. Box 411 l

Burlington, Kansas 66839 be  ;

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PDR ADOCK 05000482 /i g PDC

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Wolf Creek Nuclear Operating -

Corporation-Wolf Creek Nuclear Operating Corporation ATTN: . Gary Boyer, Plant Manager P.O. Box 411 Burlington Kansas' 166839 Kansas Corporation Commission ATTN: Robert D. Elliott, Chief Engineer Fourth Floor. Docking State Office Building Topeka, Kansas 66612-1571-Kansas Radiation Control Program Director bec to DMB (IE51) bec distrib. by RIV:-

RRI R. D. Martin, RA

'SectionChief(DRP/D) DRP RPB-DRSS R. DeFayette, RIII RIV File SRI, Callaway, RIII MIS System . RSTS Operator Project Engineer (DRP/D) Lisa Shea, RM/ALF DRS

-D. V. Pickett, NRR Project _ Manager (MS: 13-D-18) v .j L________.-______-___ -- - - - _ - _ _

% UNITED STATES FILE: HEALTH & SAFETY &

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ARLINGTON, TEXAS 70011 Regional Office Policy Guide (0758) NRC INSPECTOR ENTRY INTO DANGEROUS OR HAZARD 0US AREAS 4 A. purpose:

To present regional policy on the rights and duties of inspectors to f enter dangerous or hazardous areas controlled by others.

B. Discussion:

On occasions of incidents or events involving licensed materials,

' ' " ~ ' activities or facilities, controls may be established to restrict access. These' controls may be established due to the threat of further dangerous events,- e.g., explosions or release o~f toxic' materials, or to safeguard the status of damaged facilities fo i i- may be physical barriers, posted guards, lock.r'further ed areas, evaluation, and or a combination

! of these' controls. In sojm of these cases, the NRC inspector may be

(- denied immediate access Fy. licensee employees, contractors, or law

enforcement authorities.f

? '

As provided for in Title 0, Code of Federal Regulations, NRC inspectors must be granted access t licensed facilities for the purpose of inspection under certain circumstances; however, this authority should not be extended to require that inspectors endanger themselves unnecessarily. The NRC' inspector should consider the urgency of any c entry into a controlled l area relative to the potential danger to himself and others who might accompany him. In all cases, regional policy is

" that personal safety considerations supersede the need for information gathering activities. After the threat has been reduced to an acceptable level, the NRC inspection needs for fact and data gathering, consistent with agency responsibilities and authorities, would prevail. Normally, the controls exercised by the licensee or law enforcement agency would be the determining factor in assessing the danger in a controlled area. l o C. Action:

'1. In no case should an NRC inspector enter an area of potential danger i over the objections of the licensee, contractor, or law enforcement t '

authority responsible for controlling access to a potentially dangerous area.

2. In cases where fact or data gathering consistent with NRC F responsibilities or authorities by NRC inspectors is necessary, access authority shall be sought from the controlling authority. As a part of the access request, the potential danger shall be assessed, and the NRC inspector should make a judgement as to the g need for immediate access consistent with guidance above.

i t '

• A; MAR ~ 91989 (PG0758) -

3. Should access be denied once the danger level is reduced to acceptable levels, as judged by the NRC inspector, access authority should be requested of licensee management, or the supervisor of the controlling authority, presenting the basis for the need for NRC inspector access. Should access still be denied, the inspector should not demand access; but rather, he should discuss the matter with his supervision, and await resolution by regional management.

D.

Contact:

Deputy Regional Administrator (Ext. 226)

L E. Effective Date:

l This Policy Guide is effective upon issuance. -

6

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4 Robert D. Martin Regional Administrator Distribution List C I cc: -

T. O. Martin, OEDO i

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