[Federal Register Volume 59, Number 186 (Tuesday, September 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23821]
[[Page Unknown]]
[Federal Register: September 27, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
Reexamination of the NRC Enforcement Policy
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for public comment.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is expanding its
reexamination of its enforcement program to include the issue of
Notices of Enforcement Discretion for operating power reactors and
requests public comment on issues associated with that matter. The NRC
is soliciting comments from interested public interest groups, the
regulated industry, states, and concerned citizens. This request is
intended to assist the NRC in a review of its enforcement program which
is being conducted to make recommendations for improvements in the
regulatory process.
DATES: The comment period expires October 24, 1994. Comments received
after this date will be considered if it is practical to do so, but the
Commission is able to assure consideration only for comments received
on or before this date.
ADDRESSES: Submit written comments to: David Meyer, Chief, Rules Review
and Directives Branch, Division of Freedom of Information and
Publication Services, Office of Administration, Mail Stop: T6D59, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. Hand deliver
comments to: 11555 Rockville Pike, Rockville, Maryland, between 7:45 am
and 4:15 pm, Federal workdays. Copies of comments received may be
examined at the NRC Public Document Room, 2120 L Street, NW. (Lower
Level), Washington, DC.
Comments may also be provided electronically by accessing the NRC
bulletin board system (BBS) that is a subsystem of FedWorld, which is
operated by the National Technical Information Service. The NRC BBS can
be accessed directly by a toll free number, (800) 303-9672, at modem
speeds up to 9600 Baud with communication parameters set at 8 data
bits, no parity, 1 stop bit, full duplex, and ANSI terminal emulation.
Select the ``Subsystems/Databases'' option from the ``NRC Main Menu''
and then the ``Enforcement Program'' option. The ``Help/Information
Center'' from the ``Enforcement Program Menu'' provides selections on
``Request for Comments on the Enforcement Policy'' and ``How to Leave
an Official Comment.'' The NRC BBS can also be accessed from the
FedWorld ``Subsystems/Databases'' menu, which would facilitate user
access using the Internet. FedWorld's access via Internet is Telnet
access: fedworld.gov (192.239.92.3); FTP site access: ftp.fedworld.gov
(192.239.92.205), and World Wide Web (Home Page): www.fedworld.gov
(this is the URL).
FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
(301) 504-2741. Questions on the NRC BBS may be directed to Tom Dunning
at (301) 504-1189.
SUPPLEMENTARY INFORMATION: On August 23, 1994 (59 FR 43298)\1\, the
Review Team for the Reexamination of the NRC Enforcement Program issued
a Federal Register notice announcing a reexamination of the NRC
enforcement program and requesting comments on the enforcement program.
The comment period will close for that notice on October 24, 1994.
Comments for this notice should also be submitted by October 24, 1994.
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\1\This notice was corrected on September 6, 1994 (59 FR 46004),
by deleting the reference to a ``Proposed rule'' appearing in the
action line of the August 23, 1994 notice.
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The purpose of this review effort is to (i) Perform an assessment
of the NRC's enforcement program to determine whether the defined
purposes of the enforcement program are appropriate, (ii) determine
whether the NRC's enforcement practices and procedures for issuing
enforcement actions are consistent with those purposes, and (iii)
provide recommendations on any changes the Review Team believes
advisable. It is expected that the Review Team will complete its review
and issue its report, including recommendations, by the end of January
1995.
In the August 23, 1994 notice comments were requested on a variety
of matters associated with the enforcement program. Item G. of the
notice, entitled ``Exercise of Discretion,'' raised two issues
associated with the exercise of enforcement discretion. However, a note
was included under Item G. that provided that the enforcement review
was not addressing section VII.C. of the Enforcement Policy entitled,
``Exercise of Discretion for an Operating Reactor'' that addresses
``Notices of Enforcement Discretion'' (NOEDs). 59 FR 43303. The Review
Team has since reconsidered its position and concluded that this issue
should be considered as part of the reexamination. Comments are now
requested on this issue as described below.
On September 12, 1994, a report entitled, ``Notice of Enforcement
Discretion Review Team Report,'' was issued which addressed a number of
issues associated with the issuances of NOEDs. The recommendations in
this report have not yet been adopted by the NRC. The report and its
recommendations are undergoing staff review. A copy of that report is
available for inspection and copying in the Commission's Public
Document Room. In addition it is available on the NRC bulletin board
system (BBS) that is a subsystem of FedWorld. Access to the NRC BBS is
described in the ADDRESSES section above.
In providing comments on the issue addressed below, please key
comments to the numbering system used to identify the specific issues
by providing the issue number before the particular comment (e.g.,
Response to K.1). General or anecdotal comments (such as a general
comment to the effect that some enforcement conferences have not been
effective or that some enforcement cases have been inconsistent with
the Enforcement Policy) will not be particularly useful. Rather
comments should be as specific as possible and should reference
specific cases, as appropriate, so that the Review Team can understand
and evaluate the comment. Responses which call for a ``yes'' or ``no''
answer should be accompanied with an explanation as to why the
commenter agrees or disagrees with the issue. When the term licensee is
used in the issues listed below, it refers, as applicable, to
licensees, vendors, and other persons subject to NRC enforcement
actions.
Comments may be provided in hard copy or through the NRC electronic
bulletin board (BBS). Instructions for accessing the NRC BBS are
provided in the ADDRESSES section above.
Comments are requested on the following specific issues:
K. Exercise of Enforcement Discretion for Operating Reactors
The NRC requires that a licensee operate its facility in compliance
with the NRC's regulations and the specific facility's license. When a
licensee fails to comply with the conditions of its license or the
NRC's regulations, the staff normally takes enforcement action against
that licensee in accordance with the NRC Enforcement Policy. Section
VII.C of the Enforcement Policy, 10 CFR part 2, appendix C, recognizes
that on occasion circumstances may arise where a power reactor
licensee's compliance with a technical specification 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 start up without any corresponding
health and safety benefits. In these circumstances it may be
appropriate not to enforce the applicable requirements provided that
the NRC is clearly satisfied that the action is consistent with
protecting the public health and safety. Before issuing a NOED to a
licensee, the licensee must justify the safety basis for the request
and provide whatever information NRC deems necessary in making a
decision as to whether to exercise this discretion. NOEDs are
infrequently used and when issued are placed in the NRC Public Document
Room. The use of enforcement discretion does not change the fact that a
violation of a license requirement occurred. Under the Enforcement
Policy, the NRC staff is to take enforcement action when it determines
that there is an underlying violation that caused the need to seek the
issuance of the NOED.
1. Under what circumstances should this type of enforcement
discretion be exercised and why?
In addition to the above specific issues and those raised in the
August 23, 1994 notice, commenters are invited to provide any other
views on the NRC enforcement program which may assist the NRC in
improving the effectiveness of NRC enforcement efforts.
Dated at Rockville, Maryland, this 21st day of September 1994.
For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-23821 Filed 9-26-94; 8:45 am]
BILLING CODE 7590-01-M
