97-27238. Information to Licensees Regarding NRC Inspection Manual Section on Resolution of Degraded and Nonconforming Conditions; Issue

[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Page 53662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27238]


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NUCLEAR REGULATORY COMMISSION


Information to Licensees Regarding NRC Inspection Manual Section 
on Resolution of Degraded and Nonconforming Conditions; Issue

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance.

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SUMMARY: The Nuclear Regulatory Commission (NRC) has issued Generic 
Letter 91-18, Revision 1 to notify all holders of operating licenses 
for nuclear power reactors and non-power reactors, including those 
power reactor licensees who have permanently ceased operations and have 
certified that fuel has been permanently removed from the reactor 
vessel, and non-power reactor licensees whose licenses no longer 
authorize operation, of the issuance of a revised section of Part 9900, 
``Technical Guidance,'' of the NRC inspection manual. This generic 
letter is for information only; no specific action or written response 
is required. Conformance with the guidance provided in the generic 
letter is voluntary.
    This generic letter is a ``rule'' for purposes of the Small 
Business Regulatory Enforcement Fairness Act (5 U.S.C., Chapter 8). The 
staff has received confirmation from the Office of Management and 
Budget that the generic letter is not a ``major rule''.
    The generic letter is available in the NRC Public Document Room 
under accession number 9710060322.

DATES: The generic letter was issued on October 8, 1997.

ADDRESSEES: Not applicable.

FOR FURTHER INFORMATION CONTACT: Eileen M. McKenna at [phone].

SUPPLEMENTARY INFORMATION: The revised section of Part 9900 of the NRC 
inspection manual is entitled ``Resolution of Degraded and 
Nonconforming Conditions.'' The revisions to this section more 
explicitly discuss the role of the 10 CFR 50.59 evaluation process in 
the resolution of degraded and nonconforming conditions. In particular, 
a change in NRC staff guidance is addressed which states that the need 
to obtain NRC approval for the final resolution of a degraded or 
nonconforming condition does not affect the licensee's authority to 
continue facility operation (or effect a restart from a shutdown 
condition), provided that necessary equipment is operable and the 
degraded equipment is not in conflict with any technical specification. 
Nevertheless, it is noted that the NRC will take enforcement action if 
it determines that licensee corrective action (which may include the 
submittal of a license amendment request) is not prompt, or that 
operability determinations are not sound. Enforcement action may also 
be taken for the circumstances that led to the existence of the 
degraded or nonconforming condition.

    Dated at Rockville, Maryland, this 8th day of October 1997.

    For the Nuclear Regulatory Commission.
Jack W. Roe,
Acting Director, Division of Reactor Program Management, Office of 
Nuclear Reactor Regulation.
[FR Doc. 97-27238 Filed 10-14-97; 8:45 am]
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