ML20237L362

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Informs That in Accordance W/Enforcement Policy (Part 2 App C),Notices of Deviation Describe Licensee Failure to Satisfy Commitment Where Commitment Involved Requirements Not Legally Binding
ML20237L362
Person / Time
Issue date: 10/08/1986
From: Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Grace J, James Keppler, Murley T
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
ML20237L241 List:
References
FOIA-87-450 NUDOCS 8708280071
Download: ML20237L362 (1)


Text

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UNITED STATES I

' NUCLE AR REGULATORY COMMISSION .I

&- f wAsHiNotoN, 0. c. 20s55 cc: B. Kane t e S. Ebneter

%-***** / OCT 0 8 ma T. Martin l J. Gutierrez 10/16/86-TEF i 1

MEMORANDUM FOR: Thomas E. Murley, Regional Administrator, Region I V  !

J. Nelson Grace, Regional Administrator, Region II l James G. Keppler, Regional Administrator, Region III i

Robert D. Martin, Regional Administrator, Region IV John B. Martin, Regional Administrator, Region V FROM: James M. Taylor, Director Office of Inspection and Enforcement

SUBJECT:

NOTICES OF DEVIATION In accordance with the enforcement policy (Part 2, Appendix C), Notices of Deviation are written notices deitribing a licensee's failure to satisfy a commitment where the commitment involved has not been made a legally binding requirement. It has come to my ettention that there has been a practice in some regions to routinely process deviations against applicable codes, stand-l ards, guides, or accepted industry practices for which licensees had not made l comitments . This practice is no longer acceptable without adhering to the

{ Ytquirements of the backfit policy for an analysis.

Your staffs should no longer cite licensees for deviations to generally accepted industry practices. In this regard, the current definition of Deviations in IE MC 0400 can be misleading. Accordingly, we will shortly be revising the manual chapter to incorporate tne following:  !

Deviation. A licensee's failure to satisfy a written commitment; for example, an FSAR commitment to conform to the provisions of applicable codes, standards, guides, or accepted industry practices, when the code, standard, guide, or practice involved has not been made a legally binding requirement by the Comission, j Please ensure your staffs are aware of this change, and I encourage revisiting with your staffs the essential elements of the backfit policy.

es . r, irector OficeofdnspectionandEnforcement cc: James H. Sniezek, DEDROGR I .