Enforcement Manual Change Notice - Number 2

Change Notice Number 2 was issued on March 31, 2014.  The main purpose of this change was to update Parts I and II of the Enforcement Manual (Manual) with improved guidance and information regarding Letters Requesting Information from the Licensee in Response to a Finding of Discrimination (previously referred to as Chilling Effect Letters).  Changes were made to the following sections of the Manual:

• Part I, NRC Enforcement Program, Section 1.2.12.1, Enforcement Action Numbers
• Part II, General Topics, Section 1.3.3, Discrimination – Enforcement Panel
• Part II, General Topics, Section 1.3.16.2, Discrimination – Processing Discrimination Complaints Filed with DOL (NRC Process)
• Part II, General Topics, Section 1.3.17, Discrimination – Chilling Effect of Actual or Potential Discrimination

In addition, the table of Standard Formats for Enforcement Packages contained in Part III, Appendix B, was revised.  Part III, Appendix B, Form 28, "Letter Requesting Information from the Licensee in Response to a Finding of Discrimination" replaced the previous Part III, Appendix B, Form 28, "Chilling Effect" Letter.

Also, the table of Enforcement Guidance Memoranda (EGMs) contained in Part III, Appendix A, "Temporary Enforcement Guidance " was updated to remove outdated or expired EGMs.  These included:

• EGM 96-003, "Steam Generator Tube Inspections" (Revised), dated 06/01/2000
• EGM 98-002, "Disposition of Violations of Appendix R, Sections III.G and III.L Regarding Circuit Failures" (Revision 2), dated 02/02/2000
• EGM 06-003, "Guidance for Dispositioning Enforcement Issues Associated with Orders Imposing Increased Controls for Licensees Authorized to Possess radioactive Material Quantities of Concern," dated 09/28/2006
• EGM 06-005, "Guidance for Dispositioning 10 CFR 70.72, Facility Change and Change Process Violations Related to NRC Regulatory Issues Summary 2006-14, Facility Changes Under 10 CFR 70.72(C)(2)," dated 10/17/2006
• EGM 07-006, "Enforcement Discretion For Heavy Load Handling Activities," dated 09/28/2007
• EGM 08-002, "Documentation of Security-Related Sensitive Unclassified Non-Safeguards Information (SUNSI) in Enforcement Documents," dated 05/28/2008
• EGM 09-001, "Dispositioning Violations of NRC Requirements for Operability of Gaseous Monitors for Reactor Coolant System Leakage Detection," dated 01/30/2009
• EGM 09-006, "Enforcement Discretion for Violations of 10 CFR Part 72, Subpart K, regarding Implementation of Certificate of Compliance Amendments to previously loaded Spent Fuel Storage Casks," dated 09/15/2009
• EGM 10-001, "Dispositioning Violations of Inservice Examination and Testing Requirements for Dynamic Restraints (Snubbers)," dated 06/01/2010
• EGM 10-002, "Guidance for Dispositioning Enforcement Issues Associated with Orders Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Radioactive Material," dated 06/14/2010
• EGM 11-001, "Pilot Program for Modified Enforcement Panel Process," dated 08/31/2011
• EGM 11-002, "Enforcement Discretion for Licensee-Identified Violations at Power Reactor Construction Sites Pursuant to 10 CFR Part 52," dated 06/03/2011
• EGM 11-005, "Post-Investigation Alternative Dispute Resolution Program," dated 12/05/2011