ML20246L126
| ML20246L126 | |
| Person / Time | |
|---|---|
| Issue date: | 02/12/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Bernthal, Roberts, Zech NRC COMMISSION (OCM) |
| Shared Package | |
| ML20245D130 | List: |
| References | |
| FRN-53FR8924, RULE-PR-50 AC73-1-5, NUDOCS 8905180242 | |
| Download: ML20246L126 (8) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION
[ WASHINGTON, D. C. 20555 5 :j February 12, 1988 l k*...+,/
NOTE FOR: Chairmar. Zech Commissioner Roberts Commissioner Bernthal Commissioner Carr Commissioner Rogers FROM: Victor Stello, Jr.
Executive Director for Operations
SUBJECT:
PROPOSED IMMEDIATE ACCESS RULE The attached proposed rule falls under that category of rule which my delegation of authority allows me to sign. However, since there has been some discussion on this issue, I wish the Commissioners to have the opportunity to coment before I act or to preempt action if they desire.
SECY, please track as a negative consent issue. I note that it might be desirable to publish the proposed rule before Congressional Hearings begin.
Victor e lo, Jr.
Executive Director for Operations
Enclosure:
As stated cc: SECY OGC MSJBja4207o92p .
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l NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 Licensee Announcements of Inspectors AGENCY: Nuclear Regulatory Commusion ACTION: Proposed Rule i
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations to ensure that the presence of NRC inspectors on power reactor sites is not announced or otherwise communicated to licensee and contractor personnel without the expressed request to do so by the inspector. This change will allow the NRC inspectors, badged at the facility, to observe ongoing activities as they are being performed without advanced notification
'I of the inspection to licensee and contractor personnel. There is a need for this change because of the possible altering of attention and performance levels of a licer.see and/or its contractors when the licensee is aware of NRC surveillance. Past incidences where site and/or contractor personnel have l been notified of NRC's presence onsite have heightened concern in this area.
DATES: Submit comments by , 1988. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comnts received on or before this date.
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ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, ATTN: Docketing and Service Branch.
Hand deliver comments to: Room 1121, 1717 H Street, NW, Washington, DC 20555, between 7:30 a.m. and 4:15 p.m.
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~ Examine comments received at: The NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT: George Barber, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301)492-8324.
SUPPLEMENTARY INFORMATION: This proposed rule is intended to ensure that NRC inspectors be granted immediate and unannounced access i.e., unfettered access equivalent to access provided regular plant employees) to licensed facilities, following proper identification and compliance with applicable access control procedures. The NRC proposes that no access control measures or other means may be employed by the licensee or its contractors to intentionally give notice to other persons of the arrival and presence of a NRC inspector at a facility, unless the licensee is specifically reauested to do so by the NRC inspector. There have been instances in the past at several facilities whert the ability of properly badged NRC inspectors in inspect and assess--on an unannounced basis--activities related to the license or construction permit ,
was compromised by the licensee employees or contractor employees who informed others at the facility of the presence of the NRC inspectors. The proposed change to 10 CFR 50.70 is to clarify that NRC inspectors, badged at the
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. facility, have immediate access to ongoing activities as these activities are being performed without accompaniment and without~ advanced notification of the inspection. This is especially important during non-normal business hours when operating personnel might assume NRC inspectors would not be on site.
ENVIRONMENT IFpACT: CATEGORICAL EXCLUSION The NRC has determined that this proposed change is the type of action describedincategoricalexclusion10CFR51.22(c)(2). Therefore neither an ;
l environmental impact statement nor an environmental assessment has been ,
prepared for this proposed rule.
PAPERWORK REDUCTION ACT STATEMENT The proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980(44 U.S.C.3501etseq.). Existing requirements were approved by the Office of Management and Budget approval number 3150-0011.
REGULATORY ANALYSIS This proposed rule will have no significant impact on state and local governments and geographical regions. It may have significant impact on health,. safety, and the environment, but only in the sense of preventing adverse impacts on health, safety, and the environment through more effective inspections. The intent of the rule is to clarify that NRC inspectors are to j l
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have a realistic picture of the actual conditions at a site, and therefore, be better able to identify poter.tially dangerous conditions and/or practices for corrective' action and to assist licensees in complying with laws, regulations, l and orders administered by the NRC. This constitutes the regulatory analysis for this proposed rule.
REGULATORY FLEXIBILITY CERTIFICATION In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b)', the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. The rule applies only to licensees authorized to construct or operate nuclear power reactors, who are not small business entities within the meaning of the act or implementing regulations. Therefore, a regulatory flexibility analysis has not been prepared..
BACKFIT ANALYSIS The NRC has determined that a backfit analysis is not required for this proposed rule because this amendment is not within the definition of backfitting, as set out in 10 CFR 50.109(a)(1),
LIST OF SUBJECTS IN 10 CFR PART 50 Antitrust, Classified information, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, l
4-Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, t
For the reasons set out in the preamble and under authority of the Atomic l Energy Act of 1954, as amended the Energy Reorganization Act of.1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50.
PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
- 1. The authority citation for Part 50 continues to read as follows:
AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 938, 948, 953, 955, 956, as amended, sec. 234, 83 Stat.1244 as amended (42U.S.C.2132,2133,2134,2135,2201,2232,2233,2236,2239, 2282); secs.201,asamended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42U.S.C.5841,5842,8546).
Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42
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U.S.C. 5851). Section 50,10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Publ. L.91-190, 83 Stat. ;
I 853(42U.S.C.4332). Sections 50.23, 50.25, 50.55. and 50.55 also issued urder sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a, and Appendix Q also issued under sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C.
4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Secitons 50.58, 50.91, and 50.02 also issued under Pub. L.
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l-o 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C 2234). Section 50.103 also l issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il50.10(a),(b),and(c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued -
undersec.161(b),68 Stat.948,asamended(42U.S.C.2201(b));andliSO.10(b)
(c), and 50.54 are issued under sec. 161(1),68 Stat.949,asamended(42 U.S.C. 2201(1)); and il50.55(e), 50.59(b), 50.70, 50.71, 50.72, 50.73, and 50.78 are issued under sec.161(o), 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
- 2. In 650.70, paragraph (b)(4) is added to read as follows:
550.70 Inspections.
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(4) The licensee or construction permit holder shall ensure that the arrival.-and presence of anNRC inspector, who has been properly authorized facilityaccessas.describedinparagraph(b)(3)ofthissection,isnot i announced or otherwise communicated by its employees or contractors to other
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Dated'at Bethesda, MD this day of , 1988.
For the Nuclear Regulatory Comission Victor Stello, Jr.
Executive Director for Operations f
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