[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Notices]
[Page 4727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2209]
[[Page 4727]]
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NUCLEAR REGULATORY COMMISSION
[NUREG-1600, Rev. 1]
Revision of NRC Enforcement Policy; Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Policy statement: Modification; Correction.
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SUMMARY: This document corrects a notice appearing in the Federal
Register on January 6, 1999 (64 FR 915), that addresses enforcement
discretion in cases involving natural events. This action is necessary
to preserve previous revisions to the Enforcement Policy in a notice
that appeared in the Federal Register on December 24, 1998 (63 FR
71314), that addresses enforcement discretion for fuel cycle
facilities.
FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, (301) 415-2741.
SUPPLEMENTARY INFORMATION: On page 916, in the second column, replace
the complete paragraph under ``C. Exercise of Enforcement Discretion,''
with the following two paragraphs:
On occasion, circumstances may arise where a licensee's compliance
with a Technical Specification (TS) Limiting Condition for Operation or
with other license conditions would involve an unnecessary plant
transient or performance of testing, inspection, or system realignment
that is inappropriate with the specific plant conditions, or
unnecessary delays in plant startup without a corresponding health and
safety benefit. Similarly, for a gaseous diffusion plant (GDP),
circumstances may arise where compliance with a Technical Safety
Requirement (TSR) or technical specification or other certificate
condition would unnecessarily call for a total plant shutdown or,
notwithstanding that a safety, safeguards or security feature was
degraded or inoperable, compliance would unnecessarily place the plant
in a transient or condition where those features could be required.
In these circumstances, the NRC staff may choose not to enforce the
applicable TS, TSR, or other license or certificate condition. This
enforcement discretion, designated as a Notice of Enforcement
Discretion (NOED), will only be exercised if the NRC staff is clearly
satisfied that the action is consistent with protecting the public
health and safety. The staff may also grant enforcement discretion in
cases involving severe weather or other natural phenomena, based upon
balancing the public health and safety or common defense and security
of not operating, against the potential radiological or other hazards
associated with continued operation, and a determination that safety
will not be impacted unacceptably by exercising this discretion. The
Commission is to be informed expeditiously following the granting of an
NOED in such situations. A licensee or certificate holder seeking the
issuance of a NOED must provide a written justification, or in
circumstances where good cause is shown, oral justification followed as
soon as possible by written justification, which documents the safety
basis for the request and provides whatever other information the NRC
staff deems necessary in making a decision on whether to issue a NOED.
Dated at Rockville, MD, this 26th day of January 1999.
For the Nuclear Regulatory Commission.
David L. Meyer,
Chief, Rules and Directives Branch, Division of Administrative
Services, Office of Administration.
[FR Doc. 99-2209 Filed 1-28-99; 8:45 am]
BILLING CODE 7590-01-P
