[Federal Register: January 29, 1999 (Volume 64, Number 19)]
[Notices]               
[Page 4727]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja99-139]


[[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