UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, DC 20555-0001 August 10, 2005 NRC REGULATORY ISSUE SUMMARY 2005-16 ISSUANCE OF NRC MANAGEMENT DIRECTIVE 8.17, LICENSEE COMPLAINTS AGAINST NRC EMPLOYEES
ADDRESSEES
All U.S. Nuclear Regulatory Commission (NRC) licensees and certificate holders.
INTENT
The NRC is issuing this Regulatory Issue Summary (RIS) to inform addressees of the issuance of NRC Management Directive (MD) 8.17, Licensee Complaints Against NRC Employees.
This MD standardizes the NRCs process for resolving licensee complaints against NRC
employees.
Licensees need to understand the NRC threshold for implementing MD 8.17 to avoid unintentionally initiating this formal process. This RIS requires no action or written response on the part of an addressee.
BACKGROUND INFORMATION
It is the policy of the NRC to manage licensees complaints about improper action by NRC
employees in such a way as to promote open communication between the licensees and the NRC.
SUMMARY OF ISSUE
MD 8.17 contains policies and procedures for internal NRC functions necessary for accomplishing the agencys regulatory mission. The MD provides a fair and objective process for complaint resolution. The process is equitable to the staff member against whom the complaint is made, to the licensee representative making the complaint, and to the legitimate interests of the NRC.
The process described in MD 8.17 is designed to promote:
licensee confidence that a complaint lodged against an NRC staff member will be taken seriously and investigated in a timely manner and that the licensee will be informed of the final resolution, and
NRC staff confidence that a complaint lodged against a staff member will be handled in a fair manner, that the staff member will be given an opportunity to address the issues raised in the complaint, and that he or she will be informed of the final resolution.
Nothing in MD 8.17 is intended to impede any licensee or NRC employee from contacting the NRC Office of Inspector General directly with a concern.
Copies of MD 8.17 are available at the NRC public Web site and in ADAMS (Accession No.
ML051460542) and may be obtained by request from the NRC Public Document Room (PDR)
at 15 cents per page. The PDR can be reached at 1-800-397-4209 or 301-415-4737 or via Internet link at <www.nrc.gov/reading-rm.html>.
BACKFIT DISCUSSION
This RIS does not require any action or written response and is, therefore, not a backfit under
10 CFR 50.109. Consequently, the staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was not published in the Federal Register because this RIS is informational.
SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT
The NRC has determined that this action is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not contain information collections and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.3501 et seq.).
CONTACT
Please direct any questions about this matter to the technical contact(s) or the Lead Project Manager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.
/RA/
/RA/
Charles L. Miller, Director Patrick L. Hiland, Chief Division of Industrial and Reactor Operations Branch Medical Nuclear Safety Division of Inspection Program Management Office of Nuclear Material Safety Office of Nuclear Reactor Regulation and Safeguards
Technical Contact:
David K. Allsopp, NRR
301-415-3073 E-mail: dka@nrc.gov Attachment: List of recently issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.
ML050100329 OFFICE IIPB:DIPM
TECH EDITOR
IIPB:DIPM
C:IIPB:DIPM SC:TSS:IROB:DIPM D:DLPM
NAME
DKAllsopp PKeene JWAndersen SARichards THBoyce TMarsh DATE
12/22/2004
12/14/2004
12/27/2004
12/27/2004
05/05/2005
05/05/2005 OFFICE NMSS:SFPO
NMSS:DWMEP
NMSS:FCSS
OE
OGC (NLO)
OGC
NAME
WBrach LCamper RCPierson WBader DATE
06/06/2005
06/12/2005
06/15/2005
06/21/2005
07/14/2005
07/20/2005 OFFICE PMAS
OIS
OES:IROB:DIPM
SC:IROB:DIPM D:DIMNS
C:IROB:DIPM
NAME
DLMcCain BCStMary AWMarkley (CCruz-Roque for)
MJRoss-Lee CLMiller PLHiland DATE
07/25/2005
07/28/2005
08/04/2005
08/04/2005
08/10/2005
08/10/2005
Attachment Recently Issued NMSS Generic Communications Date GC No.
Subject
Addressees
7/13/05 RIS-05-13 NRC Incident Response and the National Response Plan All licensees and certificate holders.
7/11/05 RIS-05-11 Requirements for Power Reactor Licensees in Possession of Devices Subject to the General License Requirements of 10
CFR 31.5 All holders of operating licenses for nuclear power reactors and generally licensed device vendors.
6/10/05 RIS-05-10
Performance-Based Approach for Associated Equipment in 10 CFR 34.20
All industrial radiography licensees and manufacturers and distributors of industrial radiography equipment.
4/18/05 RIS-05-06 Reporting Requirements for Gauges Damaged at Temporary Job Sites All material licensees possessing portable gauges, regulated under
10 CFR Part 30.
7/29/05 IN-05-22 Inadequate Criticality Safety Analysis of Ventilation Systems at Fuel Cycle Facilities All licensees authorized to possess a critical mass of special nuclear material.
6/23/05 IN-05-17 Manual Brachytherapy Source Jamming All medical licensees authorized to possess a Mick applicator.
5/17/05 IN-05-013 Potential Non-conservative Error in Modeling Geometric Regions in the Keno-v.a Criticality Code All licensees using the Keno-V.a criticality code module in Standardized Computer Analyses for Licensing Evaluation (SCALE)
software developed by Oak Ridge National Laboratory (ORNL)
5/17/05 IN-05-012 Excessively Large Criticality Safety Limits Fail to Provide Double Contingency at Fuel Cycle Facility All licensees authorized to possess a critical mass of special nuclear material.
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| RIS 2005-01, Changes to Notice of Enforcement Discretion (NOED) Process and Staff Guidance | 7 February 2005 | Enforcement Discretion Backfit | | RIS 2005-01, Rev 1, Changes To Notice Of Enforcement Discretion Process And Staff Guidance | 13 March 2013 | Enforcement Discretion Pandemic Backfit | | RIS 2005-02, Clarifying the Process for Making Emergency Plan Changes | 19 April 2011 | Operating Basis Earthquake Significance Determination Process Backfit Power Uprate | | RIS 2005-03, 10 CFR Part 40 Exemptions for Uranium Contained in Aircraft Counterweights - Storage and Repair | 28 February 2005 | Depleted uranium | | RIS 2005-05, Regulatory Issues Regarding Criticality Analyses for Spent Fuel Pools and Independent Spent Fuel Storage Installations | 23 March 2005 | Unanalyzed Condition Backfit | | RIS 2005-06, Reporting Requirements for Gauges Damaged at Temporary Job Sites | 18 April 2005 | Fire Barrier Hemyc | | RIS 2005-07, Performance of Manual Actions to Satisfy the Requirements of 10 CFR Part 50 Appendix R Section Iii.G.2 | 19 April 2005 | Safe Shutdown Fire Barrier Operator Manual Action Continuous fire watch Fire Protection Program Hourly Fire Watch Backfit | | RIS 2005-07, Performance of Manual Actions to Satisfy the Requirements of 10 CFR Part 50 Appendix R Section III.G.2 | 19 April 2005 | Safe Shutdown Fire Barrier Operator Manual Action Continuous fire watch Fire Protection Program Hourly Fire Watch Backfit | | RIS 2005-08, Endorsement of Nuclear Energy Institute (NEI) Position Paper Range of Protective Actions for Nuclear Power Plant Incidents | 6 June 2005 | Backfit | | RIS 2005-10, Appendix F - Regulatory Issue Summary 2005-10, Performance-Based Approach for Associated Equipment in 10 CFR 34.20 | 30 June 2005 | Fire Barrier Notice of Violation Hemyc | | RIS 2005-10, Performance-Based Approach for Associated Equipment in 10 CFR 34.20 | 10 June 2005 30 June 2005 | Fire Barrier Notice of Violation Hemyc | | RIS 2005-11, Requirements for Power Reactor Licensees in Possession of Devices Subject to the General License Requirements of 10 CFR 31.5 | 11 July 2005 | Brachytherapy | | RIS 2005-12, Transportation of Radioactive Material Quantities of Concern NRC Threat Advisory and Protective Measures System (Enclosure 2) | 11 July 2005 | RAMQC Backfit | | RIS 2005-13, NRC Incident Response and the National Response Plan | 13 July 2005 | Brachytherapy Backfit | | RIS 2005-14, Clarification of Implementing Guidance for Compensatory Measures Related to Access Authorization Orders | 21 July 2005 | Backfit | | RIS 2005-15, Reporting Requirements for Damaged Industrial Radiographic Equipment | 3 August 2005 | Brachytherapy | | RIS 2005-16, Issuance of NRC Management Directive 8.17, Licensee Complaints Against NRC Employees | 10 August 2005 | Brachytherapy Backfit | | RIS 2005-17, Clarification of Requirements for Application of the ASME Code Symbol Stamp on Safety-Related Components | 8 August 2005 | Incorporated by reference Backfit | | RIS 2005-18, Guidance for Establishing and Maintaining a Safety Conscious Work Environment | 25 August 2005 | Fire Barrier RAMQC Hemyc Brachytherapy Backfit Reactive Inspection | | RIS 2005-19, Withdrawn NRC Regulatory Issue Summary 2005-019: Preparation and Scheduling of Operator Licensing Examinations | 24 August 2005 | Generic Fundamentals Examination Backfit | | RIS 2005-20, Rev. 2, Revision to NRC Inspection Manual Part 9900 Technical Guidance, Operability Determinations & Functionality Assessments for Resolution of Degraded Or Nonconforming Conditions Adverse To Quality or Safety | 5 June 2015 | Functionality Assessment Operability Determination Backfit | | RIS 2005-20, Rev. 1: Revision to NRC Inspection Manual Part 9900 Technical Guidance, Operability Determinations & Functionality Assessments for Resolution of Degraded or Nonconforming Conditions Adverse to Quality or Safety | 16 April 2008 | Functionality Assessment Operability Determination Backfit Operational leakage | | RIS 2005-21, Clarification of the Reporting Requirements in 10 CFR 20.2201 | 14 November 2005 | Fire Barrier RAMQC Hemyc Brachytherapy Stolen Backfit | | RIS 2005-22, Transportation Security Requirements for Special Nuclear Material of Moderate and Low Strategic Significance, 10 CFR Part 73 Vs. Regulatory Guide 5.59 (1983) | 28 October 2005 | Fire Barrier Enforcement Discretion RAMQC Hemyc Brachytherapy Backfit | | RIS 2005-23, Clarification of the Physical Presence Requirement During Gamma Stereotactic Radiosurgery Treatments | 7 October 2005 | Fire Barrier RAMQC Hemyc Brachytherapy | | RIS 2005-24, Control of Radiation Dose to Visitors of Hospital Patients | 23 November 2005 | Fire Barrier RAMQC Hemyc Deep Dose Equivalent Brachytherapy | | RIS 2005-25, Y020070010 - RIS 2005-025, Supplement 1, Clarification of Guidelines for Control of Heavy Loads | 29 May 2007 | Safe Shutdown Control of Heavy Loads Backfit | | RIS 2005-26, Control of Sensitive Unclassified Non-Safeguards Information Related to Nuclear Power Reactors | 7 November 2005 | Backfit Affidavit | | RIS 2005-26, Control of Sensitive Unclassified Nonsafeguards Information Related to Nuclear Power Reactors | 7 November 2005 | Backfit Affidavit | | RIS 2005-27, Rev. 1, NRC Timeliness Goals, Prioritization of Incoming License Applications and Voluntary Submittal of Schedule for Future Actions for NRC Review | 13 January 2006 | Fire Barrier RAMQC Hemyc Brachytherapy Backfit Pre-application | | RIS 2005-28, Scope of For-Cause Fitness-For-Duty Testing Required by 10 CFR 26.24(a)(3) | 22 November 2005 | Fitness for Duty Enforcement Discretion Backfit | | RIS 2005-29, Anticipated Transients Developing Into More Serious Events | 14 December 2005 | Backfit Power Uprate | | RIS 2005-30, Clarification of Post-Fire Safe-Shutdown Circuit Regulatory Requirements | 20 December 2005 | Hot Short Safe Shutdown Operator Manual Action Exemption Request Fire Protection Program Backfit | | RIS 2005-31, Control of Security-Related Sensitive Unclassified Non-Safeguards Inform. Handled by Individuals, Firms & Entities Sub. to Reg. of the Use of Source, Byproduct, & Spec. Nu. Mat., & Attachment One | 22 December 2005 | Backfit Affidavit | | RIS 2005-31, 2005/12/22-NRC Prefiled Exhibit Nrc000086, NRC Regulatory Issue Summary 2005-31, Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the U | 22 December 2005 26 December 2017 | High winds Stolen Backfit | | RIS 2005-31, Official Exhibit - Mandatory Hearing - NRC000086-MA-BD01 - NRC Reg Issue Summary 2005-31, Control of Security-Related Sensitive Unclassified Non-Safeguards Info Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the | 22 December 2005 26 December 2017 | High winds Stolen Backfit | | RIS 2005-31, Official Exhibit - Mandatory Hearing - AES000056-MA-BD01 - NRC Regulatory Issue Summary 2005-31, Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms & Entities Subject to NRC Regula | 22 December 2005 | High winds Fire Barrier RAMQC Hemyc Brachytherapy Backfit Affidavit | | RIS 2005-31, Rev. 1, Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source Byproduct, & SNM | 22 December 2005 26 December 2017 | High winds Stolen Backfit |
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