RIS 2001-20, Revisions to Staff Guidance for Implementing NRC Policy on Notices of Enforcement Discretion: Difference between revisions

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{{#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
{{#Wiki_filter:UNITED STATES
                            NUCLEAR REGULATORY COMMISSION
                        OFFICE OF NUCLEAR REACTOR REGULATION
                                WASHINGTON, D.C. 20555-0001 November 14, 2001 NRC REGULATORY ISSUE SUMMARY 2001-20: REVISIONS TO
  STAFF GUIDANCE FOR IMPLEMENTING NRC POLICY ON NOTICES
                          OF ENFORCEMENT DISCRETION


==ADDRESSEES==
==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.
All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.


==INTENT==
==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.
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 staffs 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 not transmit any new requirements or staff positions. No specific action or written response is required.


==BACKGROUND INFORMATION==
==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
The NRC expects all nuclear power plant licensees to operate their facilities safely and in compliance 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
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
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
policy for granting or denying requests for NOEDs.
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.
 
DISCUSSION
The 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 staff prefaced 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 staffs 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 staffs intent. This is the only significant change to the guidance. Other changes are administrative or editorial.


==BACKFIT DISCUSSION==
==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.
This regulatory issue summary requires no action or written response. Recommended licensee actions are voluntary. Consequently, the staff did not perform a backfit analysis.


===FEDERAL REGISTER NOTIFICATION===
===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.
The staff did not publish a notice of opportunity for public comment in the Federal Register because 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 staff considered all of the comments it received.


===PAPERWORK REDUCTION ACT STATEMENT===
===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  
This RIS does not request any information collection.
 
If you have any questions concerning this matter, please contact one of the technical contacts listed 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 Regulation Technical contacts:       L. Raghavan, NRR                            H. Berkow, NRR
                          301-415-1471                                301-415-1485 E-mail: lxr1@nrc.gov                        E-mail: hnb@nrc.gov Attachments:
1. NRC Inspection Manual Part 9900 - Technical Guidance Notices of Enforcement Discretion
2. 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  
ML013190655 (Package #)
______________________________________________________________________________________OL = Operating License
OFFICE                    Tech Editor    OGC            LPDII          REXB            AC:REXB          D:DRIP
NAME LRaghaven*           PKleene*       TGoldberg* HBerkow*           JTappert*       EVImbro*         DMatthews DATE    10/29/2001      10/24/2001      11/06/2001 10/24/2001 11/07/2001              11/08/2001        11/13/2001


CP = Construction PermitAttachment 2 LIST OF RECENTLY ISSUEDNRC REGULATORY ISSUE SUMMARIES
Attachment 2 LIST OF RECENTLY ISSUED
_____________________________________________________________________________________Regulatory Issue   Date of Summary No.       Subject IssuanceIssued to
                                NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________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
Regulatory Issue                                       Date of Summary No.                 Subject                 Issuance      Issued to
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
_____________________________________________________________________________________
2001-19        Deficiencies in the Documentation of 10/18/2001  All holder of operating licenses for Design Basis Radiological Analyses               nuclear power reactors Submitted in Conjunction with License Amendment Requests
2001-18       Requirements for Oath or Affirmation  08/22/2001 All holders of construction permits or operating 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
2001-17        Preparation and Scheduling of Operator 08/22/2001 All holders of operating licenses for Licensing Examinations                            nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
2001-16        Update of Evacuation Time Estimates    08/01/2001 All holders of operating licenses for nuclear power plants
2001-15      Performance of DC-Powered Motor-       08/01/2001 All holders of operating licenses for Operated Valve Actuators                          nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel
______________________________________________________________________________________
OL = Operating License CP = Construction Permit
}}
}}


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Latest revision as of 05:38, 24 November 2019

Revisions to Staff Guidance for Implementing NRC Policy on Notices of Enforcement Discretion
ML013110434
Person / Time
Issue date: 11/14/2001
From: Matthews D
Operational Experience and Non-Power Reactors Branch
To:
References
TAC MB3245 RIS-01-020
Download: ML013110434 (6)
v • d • e


UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001 November 14, 2001 NRC REGULATORY ISSUE SUMMARY 2001-20: REVISIONS TO

STAFF GUIDANCE FOR IMPLEMENTING NRC POLICY ON NOTICES

OF ENFORCEMENT DISCRETION

ADDRESSEES

All holders of operating licenses for nuclear power reactors, except those who have permanently 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 staffs 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 not transmit 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 in compliance 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.

DISCUSSION

The 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 staff prefaced 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 staffs 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 staffs intent. This is the only significant change to the guidance. Other changes are administrative or editorial.

BACKFIT DISCUSSION

This regulatory issue summary requires no action or written response. Recommended licensee actions 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 Register because 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 staff considered 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 contacts listed 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 Regulation Technical contacts: L. Raghavan, NRR H. Berkow, NRR

301-415-1471 301-415-1485 E-mail: lxr1@nrc.gov E-mail: hnb@nrc.gov Attachments:

1. NRC Inspection Manual Part 9900 - Technical Guidance Notices of Enforcement Discretion

2. List of Recently Issued Regulatory Issue Summaries

ML013190655 (Package #)

OFFICE Tech Editor OGC LPDII REXB AC:REXB D:DRIP

NAME LRaghaven* PKleene* TGoldberg* HBerkow* JTappert* EVImbro* DMatthews DATE 10/29/2001 10/24/2001 11/06/2001 10/24/2001 11/07/2001 11/08/2001 11/13/2001

Attachment 2 LIST OF RECENTLY ISSUED

NRC REGULATORY ISSUE SUMMARIES

_____________________________________________________________________________________

Regulatory Issue Date of Summary No. Subject Issuance Issued to

_____________________________________________________________________________________

2001-19 Deficiencies in the Documentation of 10/18/2001 All holder of operating licenses for Design Basis Radiological Analyses nuclear power reactors Submitted in Conjunction with License Amendment Requests

2001-18 Requirements for Oath or Affirmation 08/22/2001 All holders of construction permits or operating 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

2001-17 Preparation and Scheduling of Operator 08/22/2001 All holders of operating licenses for Licensing Examinations nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel

2001-16 Update of Evacuation Time Estimates 08/01/2001 All holders of operating licenses for nuclear power plants

2001-15 Performance of DC-Powered Motor- 08/01/2001 All holders of operating licenses for Operated Valve Actuators nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel

______________________________________________________________________________________

OL = Operating License CP = Construction Permit


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