View source for RIS 2001-20, Revisions to Staff Guidance for Implementing NRC Policy on Notices of Enforcement Discretion

{{Adams
| number = ML013110434
| issue date = 11/14/2001
| title = Revisions to Staff Guidance for Implementing NRC Policy on Notices of Enforcement Discretion
| author name = Matthews D
| author affiliation = NRC/NRR/DRIP/REXB
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = 
| case reference number = TAC MB3245
| document report number = RIS-01-020
| document type = NRC Regulatory Issue Summary
| page count = 6
}}
{{#Wiki_filter:UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR REACTOR REGULATIONWASHINGTON, D.C. 20555-0001November 14, 2001NRC REGULATORY ISSUE SUMMARY 2001-20:  REVISIONS TOSTAFF GUIDANCE FOR IMPLEMENTING NRC POLICY ON NOTICESOF ENFORCEMENT DISCRETION

==ADDRESSEES==
All holders of operating licenses for nuclear power reactors, except those who havepermanently 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 staff's 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 nottransmit 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 incompliance 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. DISCUSSIONThe 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 staffprefaced 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 staff's 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 staff's intent.  This is the only significant change to theguidance.  Other changes are administrative or editorial.

==BACKFIT DISCUSSION==
This regulatory issue summary requires no action or written response.  Recommended licenseeactions 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 Registerbecause 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 staffconsidered 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 contactslisted 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 RegulationTechnical contacts:L.  Raghavan, NRRH.  Berkow, NRR301-415-1471301-415-1485 E-mail: lxr1@nrc.govE-mail: hnb@nrc.gov Attachments:  1.  NRC Inspection Manual Part 9900 - Technical GuidanceNotices of Enforcement Discretion2.  List of Recently Issued Regulatory Issue Summaries 

ML013190655 (Package #)OFFICETech EditorOGCLPDIIREXBAC:REXBD:DRIPNAMELRaghaven*PKleene*TGoldberg*HBerkow*JTappert*EVImbro*DMatthewsDATE10/29/200110/24/200111/06/200110/24/200111/07/200111/08/200111/13/2001 
______________________________________________________________________________________OL = Operating License

CP = Construction PermitAttachment 2 LIST OF RECENTLY ISSUEDNRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________Regulatory Issue   Date of Summary No.       Subject  IssuanceIssued to
_____________________________________________________________________________________2001-19Deficiencies in the Documentation ofDesign Basis Radiological Analyses Submitted in Conjunction with License Amendment Requests10/18/2001All holder of operating licenses fornuclear power reactors2001-18Requirements for Oath or Affirmation08/22/2001All holders of construction permits oroperating 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
10 CFR Part 76 2001-17Preparation and Scheduling of OperatorLicensing Examinations08/22/2001All holders of operating licenses fornuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel2001-16Update of Evacuation Time Estimates08/01/2001All holders of operating licenses fornuclear power plants2001-15Performance of DC-Powered Motor-Operated Valve Actuators08/01/2001All holders of operating licenses fornuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
}}

{{RIS-Nav}}