RIS 2001-20, Revisions to Staff Guidance for Implementing NRC Policy on Notices of Enforcement Discretion
| ML013110434 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/2001 |
| From: | Matthews D Operational Experience and Non-Power Reactors Branch |
| To: | |
| References | |
| TAC MB3245 RIS-01-020 | |
| Download: ML013110434 (6) | |
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001 November 14, 2001 NRC REGULATORY ISSUE SUMMARY 2001-20: REVISIONS TO
STAFF GUIDANCE FOR IMPLEMENTING NRC POLICY ON NOTICES
ADDRESSEES
All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to notify addressees that NRC Inspection Manual Part 9900, Technical Guidance - Notices of Enforcement Discretion, (NOEDs) has been revised to clarify the staffs existing policy on allowable risk associated in granting regular NOEDs. The revision is attached.
This RIS supersedes RIS 2001-10 dated April 2, 2001, on the same subject. This RIS does not transmit any new requirements or staff positions. No specific action or written response is required.
BACKGROUND INFORMATION
The NRC expects all nuclear power plant licensees to operate their facilities safely and in compliance with NRC regulations, the plant license, including technical specifications (TS), and other requirements. Nevertheless, in unusual circumstances, strict compliance with an NRC
requirement could result in an unnecessary plant transient or unnecessary delays in plant startup or the performance of a test, inspection, or system realignment that is inappropriate for the prevailing plant conditions. In these circumstances, licensees may request that the NRC
exercise discretion and refrain from enforcing applicable TS before a violation occurs. The NRC issues an NOED only when it is clear that the action is consistent with the agency's mission to protect public health and safety. NUREG-1600, the NRC's General Statement of Policy and Procedures for NRC Enforcement Actions (Enforcement Policy), establishes NRC
policy for granting or denying requests for NOEDs.
DISCUSSION
The staff guidance on evaluating NOED requests has always been that the granting of any
"regular" NOED (as distinguished from a "weather-related" NOED) must be at least safety and risk neutral. In the previous revision to the staff NOED guidance in Inspection Manual Part
9900, dated December 12, 2000, and as transmitted by RIS 2001-10, dated April 2, 2001, we clarified the difference between "regular" and "weather-related" NOEDs. In doing so, the staff prefaced the Section B.2.1 discussion of "regular" NOEDs with the statement: "Granting of this type of an NOED shall not involve an increase in radiological risk." This was not intended to be a change from the staffs previous requirement that such NOEDs must be at least safety and risk neutral. However, because it was a new statement and was not explained adequately, it was subject to misinterpretation and caused some confusion.
The attached revision clarifies the staffs intent. This is the only significant change to the guidance. Other changes are administrative or editorial.
BACKFIT DISCUSSION
This regulatory issue summary requires no action or written response. Recommended licensee actions are voluntary. Consequently, the staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
The staff did not publish a notice of opportunity for public comment in the Federal Register because this regulatory issue summary is informational and pertains to a staff procedure. The policy that the procedure implements was published in the Federal Register and the NRC staff considered all of the comments it received.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not request any information collection.
If you have any questions concerning this matter, please contact one of the technical contacts listed below or the appropriate Office of Nuclear Reactor Regulation (NRR) project manager..
[RA Christopher I.Grimes for ]
David B. Matthews, Director Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Technical contacts: L. Raghavan, NRR H. Berkow, NRR
301-415-1471 301-415-1485 E-mail: lxr1@nrc.gov E-mail: hnb@nrc.gov Attachments:
1. NRC Inspection Manual Part 9900 - Technical Guidance Notices of Enforcement Discretion
2. List of Recently Issued Regulatory Issue Summaries
ML013190655 (Package #)
OFFICE Tech Editor OGC LPDII REXB AC:REXB D:DRIP
NAME LRaghaven* PKleene* TGoldberg* HBerkow* JTappert* EVImbro* DMatthews DATE 10/29/2001 10/24/2001 11/06/2001 10/24/2001 11/07/2001 11/08/2001 11/13/2001
Attachment 2 LIST OF RECENTLY ISSUED
NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue Date of Summary No. Subject Issuance Issued to
_____________________________________________________________________________________
2001-19 Deficiencies in the Documentation of 10/18/2001 All holder of operating licenses for Design Basis Radiological Analyses nuclear power reactors Submitted in Conjunction with License Amendment Requests
2001-18 Requirements for Oath or Affirmation 08/22/2001 All holders of construction permits or operating licenses for nuclear power reactors and non-power reactors under Part 50 of Title 10 of the Code of Federal Regulations (10 CFR Part
50), including those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel, holders of licenses issued under 10 CFR Part 72, and holders of certificates issued under
2001-17 Preparation and Scheduling of Operator 08/22/2001 All holders of operating licenses for Licensing Examinations nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
2001-16 Update of Evacuation Time Estimates 08/01/2001 All holders of operating licenses for nuclear power plants
2001-15 Performance of DC-Powered Motor- 08/01/2001 All holders of operating licenses for Operated Valve Actuators nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
______________________________________________________________________________________
OL = Operating License CP = Construction Permit