U.S. Nuclear Regulatory Commission

Enforcement of License Conditions in Material Licenses

HPPOS-059 PDR-9111210240

Title: Enforcement of License Conditions in Material

Licenses

See the memorandum from J. A. Axelrad to H. E. Book dated

June 30, 1983. Regions should follow the policy that

licensees be cited for not meeting their license conditions

even if the conditions are more restrictive than the

minimally acceptable practices specified in regulatory

guides.

In a memorandum dated December 23, 1982, Region V staff

were informed that licensees should not be cited for

commitments in their license applications that are more

restrictive than the minimally acceptable guidance in

regulatory guides, provided the licensee is complying with

that guidance. This policy was questioned by NMSS in a

March 14, 1983 memorandum that stated licensees should be

cited for not meeting the commitments made in applications

even if they are more restrictive than the minimally

acceptable practices specified in regulatory guides.

Further, licensees who desire relief from commitments made

in their applications should apply for license amendments.

In their memorandum dated June 30,1983, IE stated that they

agreed with NMSS and commitments made by licensees in

applications and incorporated as license conditions should

be enforced, provided that meeting the commitments would

not lead to unsafe conditions. Regulatory guides can not

and should not alter commitments made in license

applications that are subsequently incorporated into the

license. If a licensee wants relief from a license

commitment, an amendment to the license should be requested.

Regulatory references: License Conditions

Subject codes: 12.7

Applicability: All