Enforcement Manual Change Notice – Number 2

Change Notice Number 2 to Revision 10 of the Enforcement Manual (Manual) was issued on April 30, 2018.  The primary purpose of this change was to update Parts I and II of the Enforcement Manual (Manual) to reflect current enforcement practices, and to provide clarifying guidance where needed.    
Changes to Parts I and II of the Manual include:

• Part I – Section 1.3, General Documentation of Enforcement Issues – Added new Section 1.3.7, Protecting SUNSI and Predecisional Enforcement Information, to provide staff guidance on the encryption of Sensitive (e.g., Security) Information transmitted outside the NRC. 

• Part I – Section 2.7, Orders – Revised general information on orders, and developed updated criteria for the staff to consider when determining whether or not there is 'good cause' to relax the requirements of an order that the Commission approved as necessary for adequate protection.

• Part I, Section 4.3, Confirmatory Action Letters (CAL), Subsection 4.3.5, CAL Coordination, Review and Issuance – Provided more explicit guidance on the Office of Enforcement's role in reviewing documents relating to the closure of CALs.

• Part II, Section 1.3.6, Processing Discrimination Complaints Filed with DOL – Updated guidance associated with the actions taken by the NRC staff after DOL/OSHA issues a determination that discrimination occurred.

• Part II, Section 3.5.1, Activities of Unqualified Persons – Revise the note in Section 3.5.1 to clarify when violations of NRC qualifications requirements could be characterized by the staff as a SL IV violation.

• Parts I and II (Various Sections) – Removed specific references the maximum daily civil penalty amounts (was $280,000 in several locations).  The staff is advised to consult the Enforcement Policy for current civil penalty amounts.

Changes to Part III, Appendix A, Enforcement Guidance Memoranda:

• Withdrew EGM 12-001, "Dispositioning Noncompliance with Administrative Controls Technical Specifications Programmatic Requirements that Extend Test Frequencies and Allow Performance of Missed Tests" dated February 24, 2012.

• Issued EGM 18-001, "Interim Guidance For Dispositioning Apparent Violations of 10 CFR Parts 34, 36, and 39 Requirements Resulting from the Use of Direct Ion Storage Dosimetry During Licensed Activities," dated May 11, 2018