[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41474-41476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19574]
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NUCLEAR REGULATORY COMMISSION
[NUREG-1600, Revision 1]
Policy and Procedure for NRC Enforcement Actions; Interim
Enforcement Policy Regarding Enforcement Discretion for Nuclear Power
Plants During the Year 2000 Transition
AGENCY: Nuclear Regulatory Commission.
ACTION: Policy statement; amendment.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
``General Statement of Policy and Procedure for NRC Enforcement
Actions,'' NUREG-1600, Revision 1 (Enforcement Policy), by adding
Appendix E. This amendment adds an interim enforcement policy that the
NRC will follow to exercise enforcement discretion for noncompliance
with license conditions, including technical specifications (TSs),
because of year 2000 (Y2K) related situations.
DATES: This action is effective August 30, 1999. Comments on this
revision should be submitted within 30 days of publication in the
Federal Register and will be considered by the NRC prior to the next
Enforcement Policy revision.
ADDRESSES: Submit written comments to David L. Meyer, Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, Mail Stop T-6 D59,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hand
deliver comments to 11555 Rockville Pike, Rockville, Maryland, between
7:30 a.m. and 4:15 p.m., 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: Richard Wessman, Deputy Director,
Division of Engineering, 301-415-3298, or Allen Hansen, Lead Project
Manager, Division of Licensing, Project Management, 301-415-1390,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, D.C. 20555-0001.
SUPPLEMENTARY INFORMATION:
Background
Y2K-related events arise from a date-related problem that is
experienced by a software system, a software application, or a digital
device at a key rollover date when the system, application, or device
does not perform its intended function. The key rollover dates are
January 1, 2000; February 29, 2000 (an uncommon leap day); and December
31, 2000 (the 366th day of an uncommon leap year). The nuclear utility
industry is engaged in Y2K readiness programs at all nuclear power
plant facilities to seek out and correct Y2K-related problems that have
any potential to adversely affect facility operations.
Y2K concerns result from licensees' reliance upon:
(1) Software to schedule maintenance and technical specification
surveillances;
(2) Programmable logic controllers and other commercial off-the-
shelf software and hardware;
(3) Digital process control systems;
(4) Software to support facility operation;
(5) Digital systems for collection of operating data; and
(6) Digital systems to monitor post-accident plant conditions.
It is recognized that in spite of every reasonable effort by
licensees to identify and correct Y2K computer system problems at their
facilities, some software, applications, equipment, and systems may
remain susceptible to the problem. Additionally, software, data, and
systems external to the facility could adversely affect the facility
(for example, interruption of communications or partial loss of offsite
power).
The electricity production and delivery systems, as two of the more
important elements of the North American economic and social
infrastructure, must remain dependable during Y2K transition or
rollover periods. Most other critical elements of the infrastructure
depend on the availability of an interconnected, stable, and reliable
supply of electrical power. There is no doubt that cascading or even
localized outages of generators and transmission facilities could have
serious short-term and long-term consequences.
Continued safe operation of nuclear power plants during Y2K
transition or rollover periods will play a major role in maintaining
stable and reliable electrical power supply systems, providing
necessary reserve power if there are major losses at other generating
facilities. The NRC staff is issuing interim guidance on the process
for the NRC to exercise enforcement discretion in certain situations
where power reactor licensees encounter Y2K-associated compliance
problems in the Y2K transition period (December 31, 1999, through the
first few days of 2000) or in other key rollover periods. The exercise
of enforcement discretion may support a licensee decision to keep the
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plant in operation, if the licensee has determined that safety will not
be unacceptably affected, in order to help maintain electrical grid
stability and reliability. The NRC Headquarters Operations Center and
the NRC Region IV Incident Response Center will have staff augmented
during the key transition from December 31, 1999, to January 1, 2000,
to ensure that appropriate actions can be taken for any regulatory
issues that arise.
Scope
This interim enforcement policy provides for the exercise of
enforcement discretion to address noncompliance with license
conditions, including TSs, because of Y2K transition or rollover
issues. The interim enforcement policy applies to situations in which
plant operation is needed to help maintain the stability and
reliability of the electrical power supply system, even when license
conditions, including TSs, would require a plant shutdown. If such
situations occur, licensees are expected to follow the existing
guidance in NRC Inspection Manual Part 9900 for Notices of Enforcement
Discretion <http://www.nrc.gov/NRC/IM/noed.html> to the maximum extent
practicable, particularly regarding a safety determination and
notification of NRC. Licensees may decide to continue operations upon
making a determination that it is safe and prudent to do so to help
maintain electrical grid stability and reliability, and when certain
criteria are met. This enforcement discretion does not extend to
situations in which the licensee may be unable to communicate with the
NRC. (The staff assessment of telecommunications capability indicates
that a loss of all telecommunications between NRC and licensees is
highly unlikely.)
To the extent noncompliance was involved, the NRC staff will
normally take enforcement action for the root causes that led to the
noncompliance for which enforcement discretion was used. Enforcement
action will also be considered in those cases in which incorrect or
incomplete information was provided to the NRC staff by a licensee in
its justification. The NRC recognizes that a licensee will need to
exercise judgement in making a determination under this discretion
provision. Consistent with the NRC's position involving 10 CFR
50.54(x), enforcement action for a violation of a license condition,
including a TS, will not be taken unless a licensee's action was
clearly unreasonable considering all the relevant circumstances.
Enforcement action could include the assessment of civil penalties and
the issuance of orders.
Paperwork Reduction Act Statement
This interim 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.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
The NRC is revising the NRC Enforcement Policy by adding Appendix E
to read as follows:
General Statement of Policy and Procedure for NRC Enforcement Actions
* * * * *
Appendix E: Interim Enforcement Policy Regarding Enforcement Discretion
for Nuclear Power Plants During the Year 2000 Transition
This appendix sets forth the interim enforcement policy that
will govern the exercise of enforcement discretion by the NRC staff
when licensees of operating nuclear power plants find it necessary
to deviate from license conditions, including technical
specifications (TSs), in those cases in which year 2000 (Y2K)
related complications would otherwise require a plant shutdown that
could adversely affect the stability and reliability of the
electrical power grid. This policy does not extend to situations in
which a licensee may be unable to communicate with the NRC.
The policy is effective August 30, 1999 and will remain in
effect through January 1, 2001. This policy only applies during Y2K
transition or rollover periods (December 31, 1999, through January
3, 2000; February 28, 2000, through March 1, 2000; and December 30,
2000, through January 1, 2001). During these periods, a licensee may
contact the NRC Headquarters Operations Center and seek NRC
enforcement discretion with regard to the potential noncompliance
with license conditions, including TSs, if the licensee has
determined that:
(a) Complying with license conditions, including TSs, in a Y2K-
related situation would require a plant shutdown;
(b) Continued plant operation is needed to help maintain a
reliable and stable grid; and
(c) Any decrease in safety as a result of continued plant
operation is small (considering both risk and deterministic
aspects), and reasonable assurance of public health and safety, the
environment, and security is maintained with the enforcement
discretion.
Licensees are expected to follow the existing guidance as stated
in NRC Inspection Manual Part 9900 for Notices of Enforcement
Discretion to the maximum extent practicable, particularly regarding
a safety determination and notification of NRC. A licensee seeking
NRC enforcement discretion must provide a written justification, or
in circumstances in which good cause is shown, an oral justification
followed as soon as possible by written justification. The
justification must document the need and safety basis for the
request and provide whatever other information the NRC staff needs
to make a decision regarding whether the exercise of discretion is
appropriate. The NRC staff may grant enforcement discretion on the
basis of balancing the public health and safety or common defense
and security of not operating against potential radiological or
other hazards associated with continued operation, and a
determination that safety will not be unacceptably affected by
exercising the discretion. The Director of the Office of Nuclear
Reactor Regulation, or designee, will advise the licensee whether
the NRC has approved the licensee's request and, if so, will
subsequently confirm the exercise of discretion in writing.
Enforcement discretion will only be exercised if the NRC staff is
clearly satisfied that the action is consistent with protecting
public health and safety and is warranted in the circumstances
presented by the licensee.
If the volume of requests to the NRC Headquarters Operations
Center is such that the NRC staff cannot review and approve all
licensee requests in a timely fashion, the NRC staff will obtain the
safety-significant information from the licensee to enable the NRC
staff to make a prompt initial assessment. Unless the assessment is
unfavorable, the licensee would be permitted to proceed with its
planned course of action. The NRC staff will complete these
assessments as time permits and the licensee will be advised of the
results orally, if possible, and then in writing. If the NRC staff's
prompt initial assessment or subsequent assessment determines that a
licensee's actions raise safety concerns, the licensee would be so
informed. The licensee would then be required to follow its license
conditions, including TSs.
If there are communications difficulties between the licensee
and the NRC, the licensee is encouraged to interact with the NRC
inspector onsite who will have a dedicated satellite telephone. The
inspector should be able to facilitate communication with the NRC
Headquarters Operations Center and/or the NRC Regional Incident
Response Centers (IRCs). If communication with the NRC Headquarters
Operations Center is not possible, then the licensee should contact
the IRC in NRC Region IV to discuss enforcement discretion.
Similarly, if the Region IV IRC cannot be reached, then the licensee
should attempt to contact the Region I, II and III IRCs. Although it
is considered highly unlikely, if communication with NRC is not
possible, the licensee should follow the plant license conditions,
including technical specifications.
In conducting its assessments, the licensee should follow, to
the extent practicable, the guidance in NRC Inspection Manual Part
9900 for Notices of Enforcement Discretion.
[[Page 41476]]
Contrary to Part 9900 Section B.3 guidance, it is not necessary for
an emergency to be declared by a government entity. Licensees are
encouraged to contact NRC early in their evaluation process,
particularly if time is of the essence, even though complete
information as specified in Part 9900 may not be available.
The decision to exercise enforcement discretion does not change
the fact that the licensee will be in noncompliance nor does it
imply that enforcement discretion is being exercised for any
noncompliance that may have led to the noncompliance at issue. To
the extent noncompliance was involved, the NRC staff will normally
take enforcement action for the root causes that led to the
noncompliance for which enforcement discretion was granted.
Enforcement action will also be considered in those cases in which
incorrect or incomplete information was provided to the NRC staff by
a licensee in its justification. The NRC recognizes that a licensee
will need to exercise judgement in making a determination under this
discretion provision. Consistent with the NRC's position involving
10 CFR 50.54(x), enforcement action for a violation of a license
condition, including a TS, will not be taken unless a licensee's
action was clearly unreasonable considering all the relevant
circumstances. Enforcement action could include assessment of civil
penalties and the issuance of orders.
Dated at Rockville, Maryland, this 26th day of July, 1999.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-19574 Filed 7-29-99; 8:45 am]
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