ML20244D288

Enforcement Guidance Memo 85-03 Citing Safeguards Violations Against Approved performance-oriented Plans.Licensees Should Be Cited for Noncompliance Against Approved Plans Rather than Sections of Regulations

ML20244D288
Person / Time
Issue date:	02/26/1985
From:	Axelrad J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Holody D, Puckett M, Schultz B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20237G454	List: IA-87-450, Provides Guidance on Use of Civil Penalties Vs Use of Orders.Many Orders Recently Issued by Regions Involve Violations Not Previously Noted.Orders Apply Only to Repeated Uncorrected Violations ML20237G451 ML20238C386 ML20238C394 ML20238C409 ML20238C494 ML20238C527 ML20238C550 ML20238C574 ML20238C597 ML20238C646 ML20238C694 ML20238C739 ML20238C764 ML20244B382 ML20244B522 ML20244B551 ML20244B638 ML20244B641 ML20244B915 ML20244D163 ML20244D267 ML20244D288
References
FOIA-87-450 EGM-85-03, EGM-85-3, NUDOCS 8504120459
Download: ML20244D288 (2)

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a WASHING TON. D. C. 20555 El 2 6 385 E6M 85-03 MEMORANDUM FOR: Dan Holody, Region I Mike Puckett, Region II Bill Schultz, Region III Tom Westerinan, Region IV Al Johnson, Region V FROM:

Jane A. Axelrad, Director Enforcement Staff Office of Inspection and Enforcement

SUBJECT:

CITING SAFEGUARDS VIOLATIONS AGAINST APPROV SECURITY PLAN Recent events indicate some confusion over the application of the Office Inspection and Enforcement niemorandum of May of 13, 1982, safeguards violations against approved performance-oriented plans.regarding c memorandum, a copy of which is attached, makes clear that licensees are to That be cited for noncompliance against approved p,1,ans rather than aga sections of regulations.

Although the memorandum addresses Section 73.55, c

it is also applicable to plans implementing other provisions in the reg where the plan is imposed by license condition.

the provisions of an approved plan and those of the regulationsIf there is a conf should be referred to the Division of Safeguards, NMSS for resolt, tion.

, the matter The licensees' responsibility is to meet the plan's specified objectives a requirements which implement the regulations.

n In citing against plans, care must be taken to identify correctly a specific plan commitment as it relate a required performance capability.

testing commitments provided by a licensee as a means of assur o

operability, do not relieve licensees of their basic responsibilities to mee em the plan's specified objectives and requirements.

provided the following, For example, an approved plan walking, running, or crawling between the transmitt a.

b.

through the zone at the rate of three feet per second.""E The system could have actually been defeated by crawling through one or zones and a citation against the plan objective was appropriate.

l ore failure to detect crawling does not violate the testing provisions Although the violate the detection provisions.

, it does the specified speed once every seven days would violate the tes s ons, pp N SS M A !/ H be M

Regional Coordinators As indicated above and in the May 13, 1982 inemorandum, questions concerning the cortpleteness of plans which may not provide a clear basis for citation should be referred to the Division of Sa'ecuards, NMSS.

Direct contact by the inspectors with the responsible litersing reviewers on such matters should be helpful to the understanding of the issues.

If a particular question cannot be resolved in this manner, the regions should submit an Evaluation Memorandum to the appropriate safeguards branch for a policy decision.

f.1.,

Jane A. Axelrad, Director Enfc.rcement Staff

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3 0'ff e of Inspection and Enforcement t

Enclosure:

As stated cc:

R. Fonner, ELD J. Lieberman, ELD R. Burnett, SG/NMSS Enforcement Staff l

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