[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Notices]
[Pages 915-916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-193]


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NUCLEAR REGULATORY COMMISSION

[NUREG-1600, Rev.1]


NRC Enforcement Policy; Discretion Involving Natural Events

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy Statement; revision.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing a 
revision to its Enforcement Policy (NUREG-1600, Rev.1, ``General 
Statement of Policy and Procedure for NRC Enforcement Actions'') to 
address enforcement discretion in cases involving natural events, such 
as severe weather conditions.

DATES: This action is effective January 6, 1999, while comments are 
being received. Submit comments on or before February 22, 1999.

ADDRESSES: Submit written comments to: David L. Meyer, Chief, Rules and 
Directives Branch, Division of Administrative 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 7:30 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.

FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
(301) 415-2741.

SUPPLEMENTARY INFORMATION: The changes to the Enforcement Policy (in 
the order that they appear in the Policy) are described below:

III. Responsibilities

    This section has been modified to indicate that the Commission is 
to be

[[Page 916]]

provided notification when enforcement discretion is exercised in 
accordance with Section VII.C for natural events, such as severe 
weather conditions. Item (1) concerning Commission consultation was 
also modified to include a parenthetical phrase indicating that cases 
involving severe weather or other natural phenomena may be addressed by 
the staff without prior Commission consultation in accordance with 
Section VII.C.

VII. Exercise of Discretion

C. Exercise of Discretion for an Operating Facility

    This section is being modified to allow the NRC staff to exercise 
enforcement discretion in the form of a Notice of Enforcement 
Discretion (NOED) 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. Exercising enforcement discretion for this 
type of situation previously required prior Commission approval in 
accordance with Section III. This change in policy should not be viewed 
as lowering the threshold for granting NOEDs. The Commission has 
concluded that public health and safety is best served by allowing the 
staff to take expedited regulatory action in these cases. This section 
is also being modified to reflect that the Commission is to be informed 
expeditiously following the grant of a NOED in such situations.

Paperwork Reduction Act

    This policy statement does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0136. The 
approved information collection requirements contained in this policy 
statement appear in Section VII.C.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs of OMB.
    Accordingly, the NRC Enforcement Policy is revised to read as 
follows:

General Statement of Policy and Procedure For NRC Enforcement 
Actions

* * * * *

III. Responsibilities

* * * * *
    Unless Commission consultation or notification is required by this 
policy, the NRC staff may depart, where warranted in the public's 
interest, from this policy as provided in Section VII, ``Exercise of 
Enforcement Discretion.''
    The Commission will be provided written notification for the 
following situations:
    (1) All enforcement actions involving civil penalties or orders;
    (2) The first time that discretion is exercised for a plant that 
meets the criteria of Section VII.B.2;
    (3) (Where appropriate, based on the uniqueness or significance of 
the issue) when discretion is exercised for violations that meet the 
criteria of Section VII.B.6; and
    (4) All Notices of Enforcement Discretion (NOEDs) issued involving 
natural events, such as severe weather conditions.
    The Commission will be consulted prior to taking action in the 
following situations (unless the urgency of the situation dictates 
immediate action):
    (1) An action affecting a licensee's operation that requires 
balancing the public health and safety or common defense and security 
implications of not operating against the potential radiological or 
other hazards associated with continued operation (cases involving 
severe weather or other natural phenomena may be addressed by the staff 
without prior Commission consultation in accordance with Section 
VII.C);
* * * * *

VII. Exercise of Discretion

* * * * *

C. Exercise of Discretion for an Operating Facility

    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. In these circumstances, the NRC staff may choose not to 
enforce the applicable TS or other license 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 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, that documents the safety basis for the request and 
provides whatever other information the NRC staff deems necessary in 
making a decision on whether or not to issue a NOED.
* * * * *

    Dated at Rockville, MD, this 30th day of December, 1998.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 99-193 Filed 1-5-99; 8:45 am]
BILLING CODE 7590-01-P