ML20151X147
| ML20151X147 | |
| Person / Time | |
|---|---|
| Issue date: | 09/15/1998 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Caldwell J, Miller H, Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| EGM-98-007, EGM-98-7, NUDOCS 9809160289 | |
| Download: ML20151X147 (4) | |
Text
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e NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 306Mk4001 EGM 98-007 4
- l September 15, 1998 MEMORANDUM TO: Hubert J. Miller, Regional Administrator Region I Luis A. Reyes, Regional Administrator Region ll James Caldwell, Acting Regional Administrator Region lli Ellis W. Merschoff, Regional Administrator Region IV Bruce Boger, Acting Associate Director for Projects, NRR Brian W. Sheron, Acting Associate Director for Technical Review, NRR Elizabeth O. Ten Eyck, Director, Division of Fuel Cycle Safety and Safeguards, NMSS Donald A. Cool, Director, Division of Industrial and Medical Nuclear Safety, NMSS John T. Greeves, Director, Division of Waste Management, NMSS FROM: James Lieberman, Director,#
Office of Enforcement
SUBJECT:
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ENFORCEMENT GUIDANCE MEMORANDUM - EXTENSION OF !
EXERCISE OF DISCRETION FOR FSAR DISCREPANCIES l I
IDENTIFIED WHILE THE LICENSEE HAS A DEFINED PROGRAM FOR IDENTIFYING SUCH DISCREPANCIES This EGM is provided to inform the staff of the Commission's decision to extend the provisions found in Section Vll.B.3 of the NRC's " General Statement of Policy and Procedures for Enforcement Actions, (Enforcement Policy) and EGM 96-005 for the exercise of discretion for violations resulting from discrepancies identified in the FSAR beyond the current expiration date of October 18,1998.
Section Vil.B.3, " Violations involving Old Design issues," of the NRC's Enforcement Policy enables the NRC to exercise discretion and refrain from proposing a civil penalty and in some cases from issuing a violation for licensee Identifiedpast problems involving design, engineering, or installation as well as other matters provided the criteria set forth in that section ;
are met. Such discretion is routinely exercised when licensees identify discrepancies between the FSAR and the as-built configuration and operation of the facility. Section Vll.B.3 of the ,
Enforcement Policy further provides that this same discretion may be applied to violations resulting from NRC identi//ed discrepancies with the FSAR, if, in the staff's view, the licensee would have identified the violation in light of the defined scope, thoroughness, and schedule of k g' the licensee's initiatives in reconciling the FSAR with the actual design and operation of the facility by October 18,1998.
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2-In Staff Requirements Memorandum, associated with SECY-98-087, dated June 30,1998, the Commission directed the staff to continue to work with the Nuclear Energy Institute (NEI) and ;
other stakeholders to strive to finalize an NEl guidance document, pertaining to the content and accuracy cf licensee FSARs, that the NRC can endorse. In the meantime, the Commission directed the staff to continue to exercise discretion for completeness and accuracy of FSAR issues for a specific time interval after the NRC endorses an NEl guidance document or, in the event that the NRC cannot support such a guidance document, after the NRC issues a Generic Letter addressing completeness and accuracy issues. The Commission has directed that for risk significant items (i.e. those structures, systems and components (SSCs) regarded as having high safety significance as defined in the licensee's maintenance rule program) the period applicable for the exercise of discretion is six months from the date of endorsement of NEl guidance or issuance of a Generic Letter and for other information 18 months is rappropriate.
he staff intends to either complete its efforts with NEl and endorse a mutually agreeable guidance document or, absent such endorsement occurring, issue a Generic Letter providing guidance on the subject by September 30,1999. Therefore, the provision for the exercise of j discretion for violations involving FSAR accuracy and completeness, that otherwise meet the l requirements as described in Section Vll.B.3 of the Enforcement Policy, will be extended to I March 30,2000, for risk significant items and March 30,2001, for all other issues. This ,
schedule may be altered dependent on the staff's final assessment of guidance from the '
Nuclear Energy Institute or issuance of a generic letter.
Sections 6.3.3 (c) and 8.1.3.2 (a)(1) of NUREG/BR-0195, "NRC Enforcement Manual," will be revised to reflect the extension in the period that discretion will be considered.
cc: J. Callan, EDO H. Thompson, DEDR W. Travers, DEDE J. Goldberg, OGC F. Gillespie, NRR J. Zwolinski, NRR E. Adensam, NRR SECY The Chairman The Commissioners
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