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