ML20246L149
| ML20246L149 | |
| Person / Time | |
|---|---|
| Issue date: | 03/02/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20245D130 | List: |
| References | |
| FRN-53FR8924, RULE-PR-50 AC73-1-6, NUDOCS 8905180250 | |
| Download: ML20246L149 (8) | |
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NUCLEAR REGULATORY COMMISSION CyS: Stell0 W ASHIN GTON, D.C. 20555
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CFFICE OF THE SECRETARY Murray Jordan Victor Stello, Jr.
MEMORANDUM FOR: Executive Director for Operations vW amuel J. Chilk, Secretary FROM:
SUBJECT:
PROPOSED IMMEDIATE ACCESS RULE (COMSECY-88-3) 1988, you provided the In your memorandum of February 12, Commission with a copy of your proposed immediate acceso The Commission has no objection to you proceeding rule. (Several minor j
with publication of the proposed rule. editorial changes are attache cc: Chairman Zech hu e Commissioner Roberts Commissioner Bernthal Commissioner Carr Commissioner Rogers OGC j
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 l
t Licensee Announcements of Inspectors AGENCY: Nuclear Regulatory Commission ACTION: Proposed Rule
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations to ensure that the presence of NRC inspectors on power reactor s'ites is not announced or otherwise communicated to licensee and contractor personnel without the expressed request to do so by the inspector. This t
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 NEC l surveillance. Past incidences where site and/or contractor personnel have l
been notified of HRC's presence onsite have heightened concern in this area.
l l
DATES: Submit comments by , 1988. Coments received af ter this date i l i l
i will b'e' considered if it is practical to do so, but assurance of consideration l cannot be given except as to comants received on or before this date.
_____ _________-____ ______ ______ _____ _____ _ ___ _ _ }
Secretary, U.S. Nuclear Regulatory Commission, ADDRESSES: Send comments to:
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.
The NRC Public Document Room, 1717 H Street, Examine comments received at:
NW, Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT: GeorgeI t Barber, U., U.S. Nuclear Regulatory Commission, Washington, DC 20555 Telephone (301) 492 S&ff.
This proposed rule is intended to ensure that NRC SUPPLEMENTARY INF0PXATION:
/
inspectors be granted immediate and unannounced access (1 4 , unfettered ac 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 requestad to do so by the NRC L
There heve been instances in the past at several facilities where l inspector. To N the ability of properly badgad NRC iMspectors,,kf 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 i The proposed others at the facility of the presence of the NRC inspectors.
change to 10 CFR 50.70 is to clarify that NRC inspectors, badged at the i
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l 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 IMPACT: CATEGORICAL EXCLUSION The NRC has determined that this proposed change is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither an 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. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval number 3150-0011.
REGULATORY ANALYSIS i
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
.have a realistic picture of the actual conditions at a site, and therefore, be better able to identify poter.tia ngerous conditions and/or practices for
-licensees ompl% with laws, regulations, M corrective action and to 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 The rule applies only to impact on a substantial number of small entities.
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 f
I 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)(I). 1 LIST OF SUBJECTS IN 10 CFR PART 50 Antitrust, Classified information, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors.
(--
Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under authority of the Atomic 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 UTILI 1..
The authority citation for Part 50 continues to read as follows:
Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
AUTHORITY:
as amended, sec. 234, 83 Stat.1244 as 936, 937, 938, 948, 953, 955, 956, amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs.201,asamended. 202, 206, 88 Stat. 1242, as amended, 1244, 1 (42 U.S.C. 5841, 5842, 8546).
Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 f 101, 185, 68 Stat. 936, I U.S.C.5851). Se.: tion 50.10 also issued under secs. 955,asamended(42U.S.C.2131,2235);sec.102,Publ.L.91-190,83 Stat.
50.23, 50.35, 50.55, and 50.56 also issued B53 (42 U.S.C. 4332). Sections Sections 50.33a, 50.55a, and under sec. 185, 68 Stat. 955 (42 U.S.C. 2235).
Appendix Q also issued under sec. 102, Pub. L.91-190, 83 Stat. 853 (42 Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 4332).
50.58, 50.91, and 50.92 also issued under Pub. L.
l U.S.C. 5844). Secitens l'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 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,and50.80(a)areissued under sec.161(b), 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and il50.10(b)
(c), and 50.54 are issued under sec. 161(1), 68 Stat. 949, as amended (42 U.S.C.2201(i));andil50.55(e),50.59(b),50.70,50.71,50.72,50.73,and 50.78areissuedundersec.161(o),68 Stat.950,asamended(42U.S.C.
2201(o)).
- 2. In 550.70, paragraph (b)(4) is added to read as follows:
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I 650.70 Inspections.
(b)
- nstruction permit holder shall ensure that the (4) The licensee or arrival and presence of aAN inspector, who has been properly authorized facility access as described in paragraph (b)(3) of this section, is not announced or otherwise communicated by its employees or contractors to other 1
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a persons at the facility unless specifically requested to do so by the NRC inspector.-
day of , 1988.
Dated at Bethesda, MD this For the Nucle;.r Regulatory Comission Victor Stello, Jr.
Executive Director for Operations
i INDEX FOR PROPOSED RULE
- 1. September 22, 1987 - Regulatory Issues
- 2. December 2, 1987' .- Regulatory Issues - Proposed Rule Change
- 3. February 12, 1988 - Proposed Immediate Access Rule
- 4. March 2,.1988 - Proposed Immediate Access Rule (COMSECY-88-3) l C________________.___ . . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ _ _ _ _ _