ML20199B515

Forwards GL 91-18,rev 1, Info to Licensees Re NRC Insp Manual Section on Resolution of Degraded & Nonconforming Conditions, Issued on 971008,per Subtitle E of Small Business Regulatory Enforcement Fairness Act of 1966

ML20199B515
Person / Time
Issue date:	10/10/1997
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
CCS, GL-91-18, NUDOCS 9711190014
Download: ML20199B515 (3)

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I WASHINGTON, D.C. 30806 4001 October 10,.1997 The Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is

- submitting NRC Generic Letter 91-18 Revision 1. "Information to Licensees Regarding NRC Inspection Manual Section on Resolution of Degraded and Nonconforming Conditions." that was issued on October 8. 1997. This generic letter is addressed to all holders of operating licenses for nuclear power reactors and non-power reactors, including those power reactor licensees who have permanently ceased operations and have certified that fuel has been permanently removed from the reacto' vessel, and non-power reactor licensees whose licenses no longer authorize operation. to inform them of the issuance of a revised section of Part 9900, " Technical Guidance." of the NRC inspection manual. The revised section is entitlea " Resolution of Degraded and Nonconforming Coiditions." The revisions to this section of Part 9900 more explicitly discuss the role of the 10 CFR 50.59 evaluation process in the resolution of degraded and nonconforming conditions.

In particular, a change in NRC staff guidance is addressed which states that the need to obtain NRC approval for the final resolution of a degraded or nonconforming condition does not affect the licensee's authority to continue facility operation (or effect a restart from a shutdown condition), provided that necessary equipment is operable and the degraded equipment is not in conflict with any techn: cal specification.

Nevertheless, it is noted that the NRC will take enforcement action if it determines that licensee corrective action (which may include the submittal ~of a license amendment request) is not prompt. or that operabil ny determinations are not sound.

Enforcement action may also be taken for the circumstances that led to the existence of the degraded or nonconforming condition.

This generic letter is for information only: no specific action or written response is required. A notice of availability of the generic letter will be published in the federal Register. The NRC has confirmed with the Office of Management and Budget that this generic letter is not a." major rule" as defined in 5 U.S.C. 804(2).

((f k Sincerely, 1

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Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

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NUCLEAR REGULATORY COMMIS810N WASHINGTON. D.C. 3e006-4001 October 10, 1997 Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G Street. NW Washington DC 20548 Dear Mr. Murphy-Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801. the Nuclear Regulatory Commission (NRC) is submitting NRC Generic Letter 91-18. Revision 1. "Information to Licensees Regarding NRC Inspection Manual Section on Resolution of Degraded and Nonconforming Conditions." that was issued on October 8, 1997. This generic letter is addressed to all holders of operating licenses for nuclear power reactors and non-power reactors, including those power reactor licensees who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel, and non-power reactor licensees whose licenses no longer authorize operation, to inform them of the issuance of a revised section of Part 9900. " Technical Guidance." of the NRC inspection manual. The revised section is entitled " Resolution of Degraded and Nonconforming Conditions." The revisions to this section of Part 9900 more explicitly discuss the role of the 10 CFR 50.59 evaluation process in the resolution of degraded and nonconforming conditions.

In particular, a change in NRC staff guidance is addressed which states that the need to obtain NRC approval for the final resolution of a degraded or nonconforming condition does not affect the licensee's authority to continue facility operation (or effect a restart from a shutdown condition), provided that necessary equipment is operable and the degraded equipment is not in conflict with any technical specification.

Nevertheless, it is noted that the NRC will take enforcement action if it determines that licensee corrective action (which may include the submittal of a license amendment request) is not prompt. or that operability determinations are not socad.

Enforcement action may also be taken for the circumstances that led to the existence of the degraded or nonconforming condition.

This generic letter is for information only: no specific action or written response is required. A notice of availability of the generic letter will be published in the federal Register. The NRC has confirmed with the Otfice of Management and Budget that this generic letter is not a " major rule" as defined in 5 U.S.C. 804(2).

Sincerely.

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Dennis K. Rathbun. Director Office of Congressional Affairs

Enclosure:

As stated

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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. SeseHe01 october 10, 1997 The Honorable Newt Gingrich.

Speaker of the United States House of Representatives Washington DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness

'Act of 1996. 5 U.S.C. 801 the Nuclear Regulatory Commission (NRC) is submitting NRC Generic Letter 91-18. Revision 1. "Information to Licensees Regarding NRC Inspection Manual Section on Resolution of Degraded and Nonconforming Conditions." that was issued on October 8, 1997.

This generic letter is addressed to all holders of operating licenses for nuclear power reactors and non-power reactors. including those power reactor licensees who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel, and non-power reactor licensees whose licenses no longer authorize operation to inform them of the issuance of a revised section of Part 9900. " Technical Guidance." of the NRC inspection manual. The revised section is entitled " Resolution of Degraded and Nonconforming Conditions." The revisions to this section of Part 9900 more explicitly discuss the role of the 10 CFR 50.59 evaluation process in the resolution of degreded and nonconforming ccnditions.

In particular, a change in NRC staff guidance is addressed which states that the need to obtain NRC approval for the final resolution of a degraded or nonconforming condition does not affect the licensee's authority to continue facility operation (or effect a restart from a shutdown condition), provided that necessary equipment is operable and the degraded equipment is not in conflict with any technical specification.

Nevertheless. it is noted that the NRC will take enforcement action if it determines that licensee corrective action (which may include the submittal of a license amendment request) is not prompt or that operability determinations are not sound.

Enforcement action may also be taken for the circumstances that led to the existence of the degraded or nonconforming condition.

This generic letter is for information only; no specific action or written response is required. A notice of availability of the generic letter will be published in the Federal Register. The NRC has confirmed with the Office of Management and Budget that this generic letter is not a " major rule" as defined in 5 U.S.C. 804(2).

Sincerely, k

Dennis K. Rathbun, irector Office of Congressional Affairs

Enclosure:

As stated l

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