[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]
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