RIS 2005-01, Rev 1, Changes to Notice of Enforcement Discretion Process and Staff Guidance
| ML12163A492 | |
| Person / Time | |
|---|---|
| Issue date: | 03/13/2013 |
| Revision: | 1 |
| From: | Laura Dudes, Kokajko L Division of Construction Inspection and Operational Programs, Division of Policy and Rulemaking |
| To: | |
| Stuchell S | |
| References | |
| RIS-05-001, Rev 1 | |
| Download: ML12163A492 (5) | |
UNITED STATES NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
OFFICE OF NEW REACTORS
WASHINGTON, D.C. 20555-0001 March 13, 2013 NRC REGULATORY ISSUE SUMMARY 2005-01, REVISION 1 CHANGES TO NOTICE OF ENFORCEMENT DISCRETION
PROCESS AND STAFF GUIDANCE
ADDRESSEES
All holders of an operating license or construction permit for a nuclear power reactor under Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization Facilities, except those who have permanently ceased operations and have certified that the fuel has been permanently removed from the reactor vessel.
All holders of or applicants for a combined license issued under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to inform stakeholders of certain immediately effective changes to the notice of enforcement discretion (NOED) staff guidance and process. For holders of or applicants for a combined license, this process will become applicable when the NRC makes its finding under 10 CFR 52.103(g) that the licensee may operate the reactor in accordance with its license and technical specifications. This RIS requires no action or written response on the part of an addressee.
This RIS informs stakeholders of changes to the NRCs internal process for handling NOEDs, including a change in the NRCs Inspection Manual. Inspection Manual Chapter (IMC) 0410
replaces Inspection Manual Part 9900, Technical Guidance-NOEDs.
BACKGROUND INFORMATION
Section 3.8 of the NRCs Enforcement Policy describes the circumstances in which the NRC
staff may exercise enforcement discretion in the form of a NOED.
The NRC staff may choose not to enforce the applicable technical specification limiting condition for operation or other license conditions in certain special circumstances. Such circumstances include when compliance would involve an unnecessary plant transient or the performance of a test, inspection, or system realignment that may not be the most prudent action to take under the specific plant conditions, or may cause unnecessary delays in plant startup, without a corresponding health and safety benefit.
The NRC staff will grant a NOED only if the action is consistent with protecting the public health and safety or security. The NRC staff may also grant enforcement discretion in cases involving severe weather or other natural phenomena. In making a risk-informed decision, the NRC staff ML12163A492
RIS 2005-01, Revision 1 would weigh the consequences of compliance against the potential radiological or other hazards that may occur with continued operation.
The NRC staff must also determine that granting a NOED would not impact safety. If the NRC
staff grants a NOED for severe weather or other natural phenomena, the staff shall quickly inform the Commission.
NRCs issuance of a NOED does not change the fact that a violation will occur, nor does it imply that the NRC is exercising enforcement discretion for any violation that may have led to the violation at issue. In each case where the NRC has chosen to issue a NOED, the NRC will normally take enforcement action for the root causes (to the extent violations were involved) that led to the noncompliance for which enforcement discretion was used.
Since June 1999, the NRC has provided staff guidance for implementing the NOED policy for power reactors in the NRC Inspection Manual Part 9900, Technical Guidance-NOEDs. The NRC last updated this guidance on December 22, 2004.
Based on over 8 years of NRC staff experience with the current guidance, the staff decided that some aspects of the guidance required clarification or enhancement. The Inspection Manual has been updated accordingly. This RIS discusses the internal NRC process clarifications and enhancements the agency is implementing. The NRC staff presented these changes to stakeholders at a public meeting on October 23, 2012.
SUMMARY OF CHANGES
1. Inspection Manual Chapter 0410 replaces Inspection Manual Part 9900
The NRC staff continues to improve the guidance provided in the IMCs by reducing the Inspection Manual Part 9900 sections, and where applicable, creating new chapters in the IMC.
The NRC has deleted the Inspection Manual Part 9900, Technical Guidance for NOEDs, and replaced it in its entirety with IMC 0410.
2. Definitions Additional definitions have been added to provide consistency in implementing the NOED
guidance.
3. Types of Notices of Enforcement Discretion Within Inspection Manual Part 9900, there were two types of NOEDs: (1) regular and (2) severe weather or other natural phenomena-related. IMC 0410 also has only two types of NOEDs,
(1) regular NOED, and (2) natural event NOED. This simplifies referencing within the IMC.
4. Guidance for Pandemic and Grid Instability Although historically covered by severe weather or other natural phenomena-related NOEDs, the NRC has provided additional staff guidance for these situations. As with any NOED, a licensee must comply with all 10 CFR regulations, and maintain radiological safety and security.
RIS 2005-01, Revision 1 5. Administrative and Organizational Changes This update includes the organizational changes that have occurred over the last 7 years, both within the Office of Nuclear Reactor Regulation (NRR) and the NRC Regional offices. In addition, administrative updates are included.
6. Staff Responsibilities To assist the NRC staff and ensure consistency in the implementation of the guidance, the NRC
has more fully defined staff responsibilities.
BACKFIT DISCUSSION
This RIS informs stakeholders of changes to an NRC internal guidance document. This RIS
requires no action or written response and is, therefore, not a backfit under 10 CFR 50.109.
Consequently, the NRC staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on the RIS was not published in the Federal Register because it is informational and pertains to a NRC staff guidance document that does not represent a departure from current practice. In addition, a public meeting was held on October 23, 2012, to inform stakeholders of the changes to the staff NOED guidance.
CONGRESSIONAL REVIEW ACT
The NRC has determined that this RIS is not a rule as designated by the Congressional Review Act (5 U.S.C 801-808) and, therefore, is not subject to the Act.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not contain new or amended information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collection requirements were approved by the Office of Management and Budget, approval numbers 3150-0146, 3150-0011 and 3150-0136.
PUBLIC PROTECTION NOTIFICATION
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.
RIS 2005-01, Revision 1
CONTACT
Please direct any questions about this matter to the technical contact listed below.
/RA/ /RA/
Laura A. Dudes, Director Lawrence E. Kokajko, Director Division of Construction Inspection Division of Policy and Rulemaking and Operational Programs Office of Nuclear Reactor Regulation Office of New Reactors
Technical Contact:
Sheldon Stuchell, NRR
301-415-1847 E-mail: Sheldon.Stuchell@nrc.gov Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under NRC Library/Document Collections.
ML12163A492 *via e-mail TAC No. ME8865 OFFICE PM:PLPB:DPR Tech Editor LA:PLPB:DPR BC:(A):PLPB:DPR D:DORL OE PMDA
NHilton NAME SStuchell CHsu* DBaxley* SStuchell MEvans * LHill *
(LCasey for)*
DATE 06/11/2012 06/29/2012 01/03/2013 01/04/2013 01/23/2013 02/12/2013 01/18/2013 OFFICE OIS OGC LA:PGCB:DPR PM:PGCB:DPR BC:PGCB:DPR D:DCIP:NRO DD:DPR:NRR
CHawes NAME TDonnell * MLemoncelli * TAlexion DPelton LDudes SBahadur (GLappert for)*
DATE 01/24/2013 02/12/2013 02/21/2013 02/22/2013 02/25/2013 03/05/2013 03/10/2013 OFFICE D:DPR:NRR
NAME LKokajko DATE 03/13/2013