Enforcement Manual Change Notice - Number 18
Change Notice Number 18 was issued on October 8, 2024. The change involved revisions to select portions of the Enforcement Manual (for the revised Enforcement Manual, see Agencywide Document Access and Management System (ADAMS) Accession No. ML24282A998) as well as the withdrawal of two enforcement guidance memoranda. The specific changes are:
- Withdrawal of EGM-14-001, "Interim Guidance for Dispositioning 10 CFR Part 37 Inspection Findings with Respect to Large Components and Robust Structures at Facilities Licensed Under 10 CFR Parts 50 and 52" (ADAMS Accession No. ML22025A380)
- Withdrawal of EGM 20-002, "Dispositioning Violations of NRC Requirements During COVID-19 Pandemic," and its three attachments (ADAMS Accession Nos. ML20083K794, ML20091L385, ML20136A085, and ML20143A066).
- Cover page and Overview: Inserted a footnote on the cover page that provides a link (website) for accessing Enforcement Manual Change Notices; and revised the “Overview,” to include the same link.
- Section 1.1.5, Enforcement Actions Involving Individuals: Revised guidance for enforcement actions involving individuals to better align with related guidance in Part II, Section 1.4.1.B, “Enforcement and Administrative Actions Involving Individuals.”
- Section 1.2.8, Using Information from the Significance Determination Process (SDP): Deleted an obsolete note pertaining to the reactivation of construction and licensing for Watts Bar Nuclear Plant, Unit 2.
- Section 1.2.12.1, Enforcement Action (EA) Numbers: Revised guidance to state that an EA# should be assigned to any apparent violation that is documented prior to the conduct of a SERP or enforcement panel.
- Section 1.2.12.1, Enforcement Action (EA) Numbers: Revised guidance to state that an EA# should be assigned to any case involving an MML’s (Master Materials License) issuance of an escalated violation to a permittee (see Section 1.2.12.1.F.26).
- Section 1.2.13.1, Participating in Panels: Revised guidance for enforcement panel participation to state that, for cases involving investigations, the Office of Investigation should be invited to participate in both full and modified panels (see Sections 1.2.13.1.D, 1.2.13.1.E, and 1.2.13.2).
- Section 1.2.15.2, Attendance at PECs and Regulatory Conferences: Revised guidance for attendance at enforcement conferences for clarity.
- Section 1.2.17, Commission Notification and Consultation: Guidance revised to state that enforcement notifications (EN) and regulatory notifications (RN) are non-public documents (see Section 1.2.17.A.3.e and B.3.d).
- Section 1.2.17, Commission Notification and Consultation: Revised guidance to state, that on a case-by-case basis, a three-day EN is issued for non-enforcement orders (see Section (1.2.17.B.2.b).
- Section 1.3.2, Documenting Potential Escalated Enforcement Actions: Added guidance stating that apparent violations should include a ‘contrary to’ statement (see Section 1.3.2.C).
- Section 2.2.2, “Circumstances Resulting in Consideration of an NOV (vs. an NCV) for Licensees and Non-Licensees with an Approved Corrective Action Program”: Deleted the words, “… for a power reactor licensee…” because the guidance is applicable to all types of licensees and non-licensees.
- Section, 2.6.4, Licensee Response to NOV/CPs: Revised guidance to state that the branch chief, Office of Enforcement (OE), issues acknowledgement letters for the receipt of civil penalty payments (see Sections 2.6.4.E.2.b, G.5.e, and G.6.e).
- Section 3.10, Reactor Violations with No Performance Deficiencies: Revised guidance for exercising enforcement discretion for reactor violations with no performance deficiency.
- Section 3.12, Notice of Enforcement Discretion (NOED): Added guidance for an OE enforcement specialist to write a NOED summary for the annual enforcement report (see Section 3.12.D).
- Section 5, Responsibilities and Authorities: Updated ADAMS Accession Numbers for delegation of authority memoranda (see Sections 5.2.A.2, 5.3.B, 5.4.2.A, 5.4.3.A, 5.4.4.A, and 5.4.5.A).
Page Last Reviewed/Updated Tuesday, October 15, 2024