View source for RIS 2005-01, Rev 1, Changes to Notice of Enforcement Discretion Process and Staff Guidance

{{Adams
| number = ML12163A492
| issue date = 03/13/2013
| title = Rev 1, Changes to Notice of Enforcement Discretion Process and Staff Guidance
| author name = Dudes L A, Kokajko L E
| author affiliation = NRC/NRO/DCIP, NRC/NRR/DPR
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = Stuchell S D
| document report number = RIS-05-001, Rev 1
| document type = NRC Regulatory Issue Summary
| page count = 5
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{{#Wiki_filter:ML12163A492 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 vesse 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 proces 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 specification This RIS requires no action or written response on the part of an addresse This RIS informs stakeholders of changes to the NRC's internal process for handling NOEDs, including a change in the NRC's Inspection Manua Inspection Manual Chapter (IMC) 0410 replaces Inspection Manual Part 9900, "Technical Guidance-NOEDs." 

==BACKGROUND INFORMATION==
Section 3.8 of the NRC's Enforcement Policy describes the circumstances in which the NRC staff may exercise enforcement discretion in the form of a NOE The NRC staff may choose not to enforce the applicable technical specification limiting condition for operation or other license conditions in certain special circumstance 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 benefi The NRC staff will grant a NOED only if the action is consistent with protecting the public health and safety or securit The NRC staff may also grant enforcement discretion in cases involving severe weather or other natural phenomen In making a risk-informed decision, the NRC staff RIS 2005-01, Revision 1 would weigh the consequences of compliance against the potential radiological or other hazards that may occur with continued operatio The NRC staff must also determine that granting a NOED would not impact safet If the NRC staff grants a NOED for severe weather or other natural phenomena, the staff shall quickly inform the Commissio NRC's 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 issu 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 use 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, 200 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 enhancemen The Inspection Manual has been updated accordingl This RIS discusses the internal NRC process clarifications and enhancements the agency is implementin The NRC staff presented these changes to stakeholders at a public meeting on October 23, 201 SUMMARY OF CHANGES Inspection Manual Chapter 0410 replaces Inspection Manual Part 9900 The NRC staff continues to improve the guidance provided in the IMC's by reducing the Inspection Manual Part 9900 sections, and where applicable, creating new chapters in the IM The NRC has deleted the Inspection Manual Part 9900, "Technical Guidance for NOEDs," and replaced it in its entirety with IMC 041 . Definitions Additional definitions have been added to provide consistency in implementing the NOED guidanc . 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-relate IMC 0410 also has only two types of NOEDs, (1) regular NOED, and (2) natural event NOE This simplifies referencing within the IM . 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 situation As with any NOED, a licensee must comply with all 10 CFR regulations, and maintain radiological safety and securit RIS 2005-01, Revision 1 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 office In addition, administrative updates are include . Staff Responsibilities To assist the NRC staff and ensure consistency in the implementation of the guidance, the NRC has more fully defined staff responsibilitie 

==BACKFIT DISCUSSION==
This RIS informs stakeholders of changes to an NRC internal guidance documen This RIS requires no action or written response and is, therefore, not a backfit under 10 CFR 50.10 Consequently, the NRC staff did not perform a backfit analysi 

===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 practic In addition, a public meeting was held on October 23, 2012, to inform stakeholders of the changes to the staff NOED guidanc 

===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 Ac 

===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 3150-013 

===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 numbe RIS 2005-01, Revision 1 

==CONTACT==
Please direct any questions about this matter to the technical contact listed belo /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 Collection RIS 2005-01, Revision 1 

==CONTACT==
Please direct any questions about this matter to the technical contact listed belo /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 Collection ADAMS Accession No.: ML12163A492 *via e-mail TAC No. ME8865 OFFICE PM:PLPB:DPR Tech Editor LA:PLPB:DPR BC:(A):PLPB:DPR D:DORL OE PMDA NAME SStuchell CHsu* DBaxley* SStuchell MEvans
* NHilton (LCasey for)* LHill
* DATE 06/11/2012 06/29/2012 01/03/2013 01/04/201301/23/201302/12/2013 01/18/2013OFFICE OIS OGC LA:PGCB:DPR PM:PGCB:DPR BC:PGCB:DPR D:DCIP:NRO DD:DPR:NRR NAME TDonnell
* MLemoncelli
* CHawes (GLappert for)* TAlexion DPelton LDudes SBahadur DATE 01/24/2013 02/12/2013 02/21/201302/22/201302/25/201303/05/2013 03/10/2013OFFICE D:DPR:NRR NAME LKokajko DATE 03/13/2013 OFFICIAL RECORD COPY
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