ML20246L042
| ML20246L042 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1988 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20245D130 | List: |
| References | |
| FRN-53FR8924, RULE-PR-50 AC73-1-4, PR-880308, NUDOCS 8905180222 | |
| Download: ML20246L042 (8) | |
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 Licensee Announcements of Inspectors i
AGENCY: Nuclear Regulatory Commission ACTION: Proposed Rule
SUMMARY
- The Nuclear Regulatory Commission is proposing to amend its regulations to ensure that the presence of NRC inspectors on power reactor sites is not announced or otherwise communicated to licensee and contractor This personnel without the expressed request to do so by the inspector.
change will allow the NRC inspectors, badged at the facility, to observe ongoing activities as they are being performed without advanced notification of the inspection to licensee and contractor personnel. There is a need for this change because of the possible altering of attention and performance levels of a licensee and/or its contractors when the licensee is aware of NRC surveillance. Past incidences where site and/or contractor personnel have l been notified of NRC's presence onsite have heightened concern in this area. .
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DATES: Submit comments by , 1988. Coments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.
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' . ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory Commission .
Washington, DC 20555, ATTN: Docketing and Service Branch.
Hand deliver comments to: Room 1121, 1717 H Street, NW, Washington, DC 20555, between 7:30 a.m. and 4:15 p.m.
Examine comments received at: The NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT: George Barber, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301)492-1296.
SUPPLEMENTARY INFORMATION: This propostd rule is intended to ensure that NRC l
inspectors be granted immediate and unannounced access (i.e., unfettered access equivalent to access provided regular plant employees) to licensed facilities, following proper identification and compliance with applicable access control procedures. The NRC proposes that no access control measures or other means may be employed by the licensee or its contractors to inter,tionally give notice to other persons of the arrival and presence of a NRC inspector at a facility, unless the licensee is specifically requested to do so by the NRC inspector. There have been instances in the past at several facilities where the ability of properly badged NRC inspectors to inspect and assess--on an I
unannounced basis--activities related to the license or construction permit was compromised by the licensee employees or contractor employees who informed others at the facility of the presence of the NPC inspectors. The propcsed change to 10 CFP, 50.70 is to clarify that NRC inspectors, badged at the
~ . facility, have immediate access to ongoing activities as these activities are being performed without accompaniment and without advanced notification of the inspection. This is especially important during non-normal business hours when operating personnel might assume NRC inspectors would not be on site.
ENVIRONMENT IMPACT: CATEGORICAL EXCLUSION The NRC has determined that this proposed change is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.
PAPERWORK REDUCTION ACT STATEMENT The proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980(44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget approval number 3150-0011.
REGULATORY ANALYSIS This proposed rule will have no significant impact on state and local governments and geographical regions. It may have significant impact on health, safety, and the environment, but only in the sense of preventing adverse impacts on health, safety, and the environment through more effective inspections. The intent of the rule is to clarify that NRC inspectors are to
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I have a realistic picture of the actual conditions at a site, and therefore, be 4
better able to identify potentially dangerous conditions and/or practices for corrective action and to ensure that licensees comply with laws, regulations, f
1 and orders administered by the NRC. This constitutes the regulatory analysis for this proposed rule.
REGULATORY FLEXIBILITY CERTIFICATION l
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. The rule applies only to licensees authorized to construct or operate nuclear power reactors, who are not small business entities within the meaning of the act or implementing regulations. Therefore, a regulatory flexibility analysis has not been prepared.
BACKFIT ANALYSIS The NRC has determined that a backfit analysis is not required for this proposed rule because this amendment is not within the definition of backfitting, as set out in 10 CFR 50.109(a)(1).
LIST OF SUBJECTS IN 10 CFR PART 50 Antitrust, Classified information, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors,
. Penalty, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under authority of the Atomic Energy Act of 1954, as amended the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendment to 10 CFR Part 50.
PART 50 - DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
- 1. The authority citation for Part 50 continues to read as follows:
AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 938, 948, 953, 955, 956, as amended, sec. 234, 83 Stat. 1244 as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 8546).
Section 50.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 1 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Publ. L.91-190, 83 Stat. i 1
853 (42 U.S.C. 4332). Sections 50.23, 50.35, 50.55, and 50.56 also issued l i
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 30.55a, and l I
Appendix Q also issued under sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. )
4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 )
l U.S.C. 5844). Secitons 50.58, 50.91, and 50.92 also issued under Pub. L. )
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. 6-97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C 2234). Section 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
6550.10(a),(b),and(c), 50.44, 50.46, 50.48, 50.54, and 50.80(a) are issued under sec.161(b), 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and il50.10(b)
(c), and 50.54 are issued under sec.161(i), 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and il50.55(e), 50.59(b), 50.70, 50.71, 50.72, 50.73, and 50.78 are issued under sec. 161(o), 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
- 2. In 650.70, paragraph (b)(4) is added to read as follows:
550.70 Inspections.
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(4) Tite licensee or construction permit holder shall enrtre that the arrival and presence of an NRC inspector, who has been properly authorized L facility access as described in paragraph (b)(3) of this section, is not announced or otherwise communicated by its employees or contractors to other L_-_________-_-__ _ _ _ -
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persons at the facility unless specifically requested to do so by.the NRC inspector.
Dated at Bethesda, MD this- -day of - 4'2 W 988.
For the Nuclear Regulatory Comission
/A4 "f Q Vj/4 Vi Stello, Jr Executive Director for Operations j'
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l CERTIFICATION STATEMENT Approved For Publication The Commission has delegated to the EDO [10 CFR 1.40(c) and (d)) the authority to develop and promulgate rules as defined in the APA [5 U.S.C. 551(4)] subject to the limitations in NRC Manual Chapter 0103, " Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213, 036, 039, and 0310.
The enclosed proposed rule entitled " Licensee Announcements of Inspectors."
amends 10 CFR 50.to allow the NRC inspectors badged at a power reactor facility to observe ongoing activities as they are being performed without advanced notification of the inspection to licensee end/or contractor personnel.
This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C con-cerning matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
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/ Uctor Executive Director Stello Jdr. o Operations i
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