ML20210J401

Responds to 970521 Memo Requesting Written Guidance on Handling Bankruptcy Cases Under Impep

ML20210J401
Person / Time
Issue date:	08/08/1997
From:	Bangart R NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Woodruff R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML20210J404	List: ML20210J401 ML20210J419 ML20210J440 ML20210J456
References
NUDOCS 9708180076
Download: ML20210J401 (5)

Text

_ _ _. - _ _ _ _ _ _ - -

(

$EMORANDUM TO:.

Rich:rd L. Woodruff AUG '- 8 E7

\\

R:gionti State Agrc:ments Officcr, Rll FROM:

Richard L. Bangart, Director OrighelSigned By Office of State Programs-RICHARD L BANGART

SUBJECT:

REQUEST FOR WRITTEN GUIDANCE ON HANDLING BANKRUPTCY CASES UNDER THE INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM (IMPEP)

This is in response to your May 21,1997 memorandum requesting written guidance on handling bankruptcy cases under IMPEP. -To ensure that Agreement States properly handle bankrbpt licensees, the Agreement States were previously required to adopt regulations compatible with NRC 10 CFR 30.34(h). These regulations specifically address bankruptcy notifications including requiring licensees to notify the appropriate program administrator immediately after filing for bankruptcy. Although a procedure can assist a regulator in consistently reviewing a State's response to bankruptcy cases, unless there is a performance weakness identified, IMPEP will not examine detailed State procedures nor require such a procedure. Under the new Policy Statement on Adequacy and Compatibility for Agreement State Programs, NRC 10 CFR 30.34(h) is currently listed as Compatibility Category "D."

This designation would not require States to adopt this regulation, and thus we plan to re-evaluate this designation, in his memorandum to Mr. Ebneter dated December 27,1996, Dr. Mallet stated that Region 11 would request that OSP include in IM. PEP reviews, the handling of bankruptcy cases. Although not specified in the draft guidance for the principal reviewer for Technical-Quality of Licensing Actions, the guidance recommends a mix of licenses, including as many different license categories and actions as possible. Complex decommissioning, significant environmental impacts and terminations are included whenever possible. As we finalize this guidance, we will include bankruptcy cases as a category for licensing reviews under IMPEP. In addition, we will be sending a copy of Policy and Guidance Directive PG 811, NMSS Procedures for Reviewing Declaratioris of Bankruptcy, to all Agreement States, if you have any questions, please contact Kathleen Schneider at 301-415 2320.

9708100076 970000 PDR STPRG ESGGEN PDR Distribution:

g DlR RF (7S134)

DCD (SP03)

)

i OSP Staff -

PDR (YES V NO

)

}

RSAO'S p-g "m IMPEP File

• ~~

- DOCUMENT NAME: G:\\KXS\\7S134.KNS

• See Previous Concurrence.

Ta receive a copy of this document. Indicate in the box:

"C" - Copy without attachment! enclosure

• E* = Copy with attachment / enclosure

• N* = No copy OFFICE OSP.

OSP:DD OSP:% y NAME KSchneider:nb PHLohaus RLBangaltVl/

DATE 07/23/97*

07/23/97*

08/ph/97 08/04/97*

Lie =-

OSP FILE CODE: SP-l-2 Mi10 RR E@M 1.1llll1.111.1111.111,Ill. I.I

-A

- bEMORANDUM TO:

Richard L. Weodruff-

- R:gional Stata Agr:sm:nt Offictr, Ril

/-

FROM:

Richard L. Bangart, Director Office of State Programs :

SUBJECT:

- REQUEST FOR WRITTEN GUIDANCE N HANDLING BANKRUPTCY CASES UNDER THE INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM (IMPEP)

This is in response to your May 21,1997 memorandum req. esting written guidance on handling bankruptcy cases under IMPEP. To ensure that Agreement States properly handle bankrupt licensees, the Agreement States were previously required to adopt regulations compatible with NRC 10 CFR 30.34(h). These regulations specifically address bankruptcy

- notifications including requiring licensees to notify the afpropriate program administrator immediately after filing for bankruptcy. Although a pro,cedure ccn assist a regulator in consistently reviewing a State's response to bankruptcy cases, unless there is a performance weakness identified, IMPEP will not exarpine detailed State procedures nor require such an procedure. Under the new Policy Statement on Adequacy and Compatibility for Agreement State Programs, NRC 10 CFR 30.34(h) is currently listed as Compatibility Category "D".

This designation woul'd not require State's to adopt this regulation, and thus we plan to re-evaluate this designation, in his memorandum to Mr. Ebneter dated Decem,ber 27,1996, Dr. Mallet stated that Region ll would request that OSP include in IMPEP reviews, the handling of bankruptcy cases. Although not specified in the draft guida'nce for the principal reviewer for Technical many different license categories and actions a/mmends a mix of licenses, including as Quality of Licensing Actions, the guidance rect s possible. Complex decommissioning, significant environmental impacts and termindtions are included whenever possible. As we finalize this guidance, we willinclude bankruhtcy cases as a category for licensing reviews under IMPEP. -In addition, we will be sendirjh a copy of Policy and Guidance Directive PG 8-11,- NMSS Procedures for Reviewing Declarations of Bankruptcy, to all Agreement States, if you have any questions, please[ contact Kathleen Schneider at 301-415-2320.

I

//

//

tl Distribution:

/

DIR RF (7S134)

/

DCD (SPO3)

OSP Staff

/

PDR (YES V' NO

)

RSAO'S IMPEP File

[

DOCUMENT NAME: G:\\KXS\\7S134.KNS

• See Previous Concurrence.

To receive a copy of this document. Indicate in the box: "C" = Copy without attachment / enclosure

• E" = Copy with attachment / enclosure "N* = No copy OFFICE (P) OSP l

OSP:DD OSP:D l

l l

NAME KSchneider:nb.

PHLohaus RLBangart DATE a,07/23/07

• 07/23/97

• 08/

/97 9 WI' OSP FILE CODE: S P-l-2 7

i

bEMORANDUM TO:

Rich:rd L. Woodruff R:gion:l Stats Agrecmant Offic:r, Ril

./

FROM:

Richard L. Bangart, Director

/

Office of State Programs f

SUBJECT:

REQUEST FOR WRITTEN GUIDANCE ON HANDLitfG BANKRUPTCY CASES UNDER THE INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM (IMPEP)

)

This is in response to your May 21,1997 memorandum requesting' written guidance on handling bankruptcy cases under IMPEP. We have considered this question and concluded that specific written guidance to IMPEP teams on the handling'of bankruptcy cases or other specific requirements as outlined in the regulations is,not necessary. The present approach discussed in your memorandum is appropriate. /

/

To ensure that Agreement States properly handle ban,k upt licensees, the Agreement States previously had to adopt regulations compatibl6 with NRC 10 CFR 30.34(h). These regulations specifically address bankruptcy notifications including requiring licensees to notify the appropriate program administrator imrpediately after filing for bankruptcy. An IMPEP review should include an examination of'the State's or region's performance in implementing this regulation. Although a prodeuure can assist a regulator in consistently reviewing a State's response to bankruptcy' cases, unless there is a performance weakness identified, IMPEP will not examine detailed State procedures nor require such an procedure.

Under the new Policy Statement on Adequacy and Compatibility for Agreement State Programs, NRC 10 CFR 30.34(h) is cu'rrently listed as Compatibility Category "D".

This designation would not require State's to adopt this regulation, and thus we plan to re-evaluate this designation.

/

/

In his letter to Mr. Ebneter dated December 27,1996, Mr. Mallet stated that Region ll would request that OSP include in the IMPEP review the handling of bankruptcy cases.

Although not specified irythe draft guidance for the principal reviewer for Technical Quality of Licensing Actions, the guidance recommend a mix of licenses, including as many different license categories and actions as possible. Complex decommission, significant environmental impac'ts and terminations are included whenever possible. As we finalize this guidance, webillinclude bankruptcy cases as a category for license file reviews under IMPEP. In addition, we will be sending a copy of Policy and Guidance Directive PG 8-11, NMSS Procedures for Reviewing Declarations of Bankruptcy, to all Agreement States, if you have any' questions, please contact Kathleen Schneider at 301-415-2320.

/

l'

/

l Distrib' ution:

Di,R RF (7S134)

DCD (SP03)

OSP Staff PDR (YES V NO

)

'RSAO'S IMPEP File DOCUMENT NAME: G:\\KXS\\7S134.KNS 4

Ta recehre e copy of than document, bdicate h the boa: *C*M h without attachment / enclosure

• E* = Copy with attachment / enclosure

• N* = No copy OFFICE OSP m O@ty l

OSP:D NAME KSchneider:nb PHLol;labF i RLBangart DATE 07/a3 /97 07// f/97 07/

/97 OSP FILE CODE: SP-1-2

.., w. s k

UNITED STATES

_g s

j NUCLEAR REGULATORY COMMISSION

^*'

2 WASHINGTON, D.C. 3006Ho01 August 8, 1997 g

~ MEMORANDUM TO:

Richard L. Woodruff Regional State Agreements Officer, Ril FROM:

Richard L. Bangart, Director Office of State Programs

/ /c

/bj t7

SUBJECT:

REQUEST FOR WRITTEN GUIDANCE ON HANDLING [

BANKRUPTCY CASES UNDER THE INTEGRATED MATE ALS PERFORMANCE EVALUATION PROGRAM (IMPEP)

This is in response to your May 21,1997 memorandum requesting written guidance on handling bankruptcy cases under IMPEP. To ensure that Agreement States properly handle bankrupt licensees, the Agreement States were previously required to adopt regulations compatible with NRC 10 CFR 30.34(h). These regulations specifically address bankruptcy notifications including requiring licensees to notify the appropriate program administrator immediately after filing for bankruptcy. Although a procedure can assist a regulator in l

consistently reviewing a State's response to bankruptcy cases, unless there is a i

performance weakness identified, IMPEP will not examine detailed State procedures nor require such a procedure. Under the new Policy _ Statement on Adequacy and Compatibility for Agreement State Programs, NRC 10 CFR 30.34(h) is currently listed as Compatibility Category "D."

This designation would not require States to adopt this regulation, and thus we plan to re-evaluate this designation.

In his memorandum to Mr. Ebneter dated December 27,1996, Dr. Mallet stated that Region ll would request that OSP include in IMPEP reviews, the handling of bankruptcy cases. Although not specified in the draft guidance for the principal reviewer for Technical Quality of Licensing Actions, the guidance recommends a mix of licenses, including as many different license categories and actions as possible. Complex decommissioning, significant environmental impacts and terminations are included whenever possible. As we finalize this guidance, we willinclude bankruptcy cases as a category for licensing reviews under IMPEP. In addition, we will be sending a copy of Policy and Guidance Directive PG 8-11, NMSS Procedures for Reviewing Declarations of Bankruptcy, to all Agreement

. States, if you have any questions, please contact Kathleen Schneider at 301-415-2320.

__J

l

)

EXECUTIVE TASK MANAGEMENT SYSTEM

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...-~~

<<< PRINT SCREEN UPDATE FORM >>>

TASK # - 7S134 DATE- 05/28/97,,,

MAIL CTRL.

1997 TASK STARTED - 05/28/97 TASK DUE -

/

/

TASK COMPLETED -

/

/

TASK DESCRIPTION - WRITTEN GUIDANCE ON HANDLING BANKRUPTCY. CASES FOR IMPEP REQUESTING OFF. - RII REQUESTER - WOODRUFF WITS -

0 FYP - N PROG.- KNS PERSON -

STAFF LEAD - KNS PROG. AREA -

)

PROJECT STATUS -

OSP DUE DATE:

PLANNED ACC.

-N LEVEL CODE -

1

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