United States Nuclear Regulatory Commission - Protecting People and the Environment

Enforcement Manual Change Notice - Number 6

Change Notice 6 was issued on August 20, 2012, and addressed the following issues in the order that they appear in the Enforcement Manual:

Section 1.3.1.A, "Delegation of Authority to the Director, OE": Revised items to clarify that a notice of deviation is not an enforcement action.

Section 1.3.5.A.10, "OE Staff":  Clarified language related to Enforcement Notification (EN) issuance, for particular types of findings.

Section 1.6.4.A, "Other FSME Staff and Management Support": Revised item to clarify that a notice of nonconformance is not an enforcement action.

Section 1.7.4.A, "NRO Staff": Revised item to clarify that notices of nonconformance is not an enforcement action.

Section 1.8.4.A, "NRR Staff": Revised item to clarify that notices of nonconformance is not an enforcement action.

Section 1.9.4.A, "NMSS Staff": Revised item to clarify that notices of nonconformance is not an enforcement action.

Section 2.4, "Assessing Significance":  Changed the term "nonconformance" to "noncompliance".

Section 2.12.1.F, "Participating in Panels":  Added guidance related to the Virtual Panel Process.

Section 2.12.3.A, "Panel Outcome":  Added NOTE related to document review; particularly, documents related to cases that may involve a hearing or an ADR mediation session in the future.

Section 2.13.3.B, "Documenting Non-escalated Enforcement Actions":  Revised to clarify the notices of deviation and nonconformance are not enforcement actions.

Section 4.8.A, "Order Modifying, Suspending, or Revoking License":  Added reference to OE Office Instructions.

Section 5.1.1.1.C.9, "Escalation of Civil Penalties":  Reinserted missing section

Section 6.4.3.2.B.4, "Enforcement Panel Outcome":  Added language related to document review; particularly, documents related to cases that may involve a hearing or an ADR mediation session in the future.

Section 6.5.1, "Memorandum of Understanding (MOU) between NRC and DOL":  Updated language to be consistent with most recent version of MOU, dated September 9, 1998.

Introduction and Overview, "Overview of the Enforcement Process":  Updated table names and title to be consistent with Enforcement Policy.

Introduction and Overview, "Enforcement":  Revised sentence to be consistent with 10 CFR 2.201, as follows:  For materials licensees, if violations of more than a minor concern are identified by the NRC during an inspection, such violations will be the subject of an NOV and a written response may be required pursuant to 10 CFR 2.201, addressing the causes of the violations and corrective actions taken or planned

Throughout Manual: Changed spelling of "non-cited" to "noncited" to be consistent with Enforcement Policy.

Throughout Manual: Changed spelling of "non-licensee" to nonlicensee to be consistent with Enforcement Policy.

Throughout Manual: Update all reference to numbering scheme in old Policy.

Page Last Reviewed/Updated Monday, August 27, 2012