U.S. Nuclear Regulatory Commission

Significant Finding, Big Rock Point Health Physics Appraisal

HPPOS-023 PDR-9111210130

Title: Significant Finding, Big Rock Point Health Physics

Appraisal

See the memorandum from J. H. Sniezek to J. G. Keppler

dated September 11, 1980. Technical Specifications (TS)

require that an individual qualified in radiation

protection procedures be onsite when fuel is in the

reactor. HPPOS-021 contains a related topic.

Guidance was requested on how to proceed with a contested

item of noncompliance issued to a licensee. The item of

noncompliance was the failure to provide an individual

qualified in radiation protection procedures on back shift

in accordance with TS requirements. The licensee contended

that the "criteria for individuals qualified in radiation

protection procedures" contained in DOR's letter of 1977,

were not made a part of the license either by license

amendment or licensee commitment; therefore, the citation

was not valid.

The NRC provides information for the purpose of clarifying

the specific meaning and intent of regulatory requirements

by numerous means; some examples are Statements of

Consideration, Regulatory Guides, NUREG Reports, Bulletins,

Circulars, Branch Technical Positions, and Generic Letters.

These documents do not establish regulatory requirements,

but simply clarify the meaning and intent of existing

requirements or denote acceptable methods of implementing

the regulatory requirements. The licensee acknowledged

receipt of this clarifying information and did not propose

or receive approval for implementing an alternative means

of complying with the subject TS. Based on these facts,

the citation in question was valid and proper.

Regulatory references: Technical Specifications

Subject codes: 1.1, 1.4, 1.5

Applicability: Reactors