ML20216F088
| ML20216F088 | |
| Person / Time | |
|---|---|
| Issue date: | 08/04/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216F083 | List: |
| References | |
| SECY-97-144-C, NUDOCS 9709110162 | |
| Download: ML20216F088 (2) | |
Text
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N OT ATIO N VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: CHAIRMAN JACKSON
SUBJECT:
SECY-97-144 - POTENTIAL POLICY ISSUES RAISED BY NON-OWNER-OPERATORS w/tomment:
Approved xx Disapproved Abstain Not Participating Request Discussion COMMENTS:
See attached comments.
t% "
Shirley Ann Jackson SIGNATURE
- Release Vote / XX / August 4, 1997 DATE Withhold Vote / /
Entered on "AS" Yes XX No lM!8Mi ' J882' CORRESPONDENCE PDR .
(/2X7//0/M9 #/> _ - - - - - -
Chairman's Comments on SECY-97-144 (Notation Vote) Potential Policy Issues Raised by Non-owner Operators I approve the staf f's position, as outlined in the paper, that further discusses the rationale behind past NRC decisions on whether a 10 CFR 50.80 review is necessary for non-owner operators.
However, I am disappointed that the paper did not expand on specific criteria the staff would consider in evaluating a variety of potential non-owner operator scenarios. The paper 3acks an extensive definition of " extent of control" and "significant control and autonomy over operations." This information was requested by the industry, and would be useful to the NRC staff as it will likely be f aced with additional examples of operational and contractual arrangements in the near future in light of electric utility deregulation and restructuring. I also agree with Commissioner Dicus's comments, particularly the thought that potential oversight of DOE facilities (predominantly contractor operated) raises an additional reason to apply specific criteria, as appropriate.
I am concerned with the lack of foresight in this paper in providing sufficient examples of potential non-owner operator scenarios. The staf f should continue to expand upon their cuidance in order to prepare the agency for change. ;ae staff should consider including in the paper due to the Commission this Fall --
recommendations for improvements in the financial reviews of 50.80
-- examples of various operational / contractual arrangements, along with a discussion of the criteria the staf f would use (with a preliminary staff " position") to make a determination of whether a 50.80 review is necessary.
The staff states an appropriate-criterion for decision making --
regarding maintaining the ultimate power to direct the day-to-day activities of the plant. However, having a properly impleme ted organizational structure, where the operator is properly responsive to the owner, can be a different thing (e.g., how many layers of management between owner / operator is acceptable?) . Therefore, the staff should continue to clarify, through the use of examples or specific criteria, important terms used in this context (e.g.,
" control over operations"). Particular emphasis should be placed' on situations that the NRC may see in the near future.
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