Enforcement Manual Change Notice - Number 4

Change Notice Number 4 was issued on July 28, 2009, and addressed the following issues in the order that they appear in the Enforcement Manual:

Changes were made throughout the text to reflect a new format involving pagination, note boxes, and the "NRC Enforcement Process" figure. All applicable distribution lists were updated to the correct web links (e.g. OEMail.Resource@nrc.gov and OEWeb.Resource@nrc.gov). In addition, a "Table of Contents" was added at the beginning of each chapter and hotlinks were provided from this table to the desired section or paragraph within the chapter.

Section 4.1, "State Government Attendance at PECs and Regulatory Conferences:" Revised the sample protocol agreement in section 4.1.2.4.A.2 (c).

Section 4.1, "Predecisional Enforcement Conferences and Regulatory Conferences" and Section 6.4, "Predecisional Enforcement Conference (PEC):" Revised text in applicable paragraphs to improve description of the purpose of a PEC. Specifically, the language was changed to clarify that PECs can be held when the NRC requires additional information from a licensee to determine if a violation occurred.

Section 4.8.1.C, "Immediately Effective Orders:" Revised to clarify that the Office issuing an Order is responsible for publishing the Order in the Federal Register.

A change was made to Appendix A, "Temporary Enforcement Guidance," as follows:

• EGM 09-004, "Dispositioning Violations of Naturally Occurring and Accelerator-Produced Radioactive Materials (NARM) Requirements," was issued on May 13, 2009, and added to the Appendix.

Changes were made to Appendix B, "Standard Formats for Enforcement Packages," as follows:

• Form 3-ll: the phrase "importance to safety" was changed to "safety significance" in order to be consistent with Inspection Manual Chapter (IMC) 0612.
• Form 3-lll(S): a paragraph was added for use, if applicable, to clarify to which licensees appeal rights apply in order to be consistent with IMC 0609.
• Forms 4-l, 4-ll, 4-lll, 4-V, 6 and 7: the phrase "to avoid further violations" was eliminated when referring to corrective steps to be taken in order to be consistent with the regulations.
• Forms 14, 19-l through 23-ll and 33-l through 35-ll: changes were made to update the "Contact Us" web link, the operating hours of the help line, and the help line phone number. In addition, a change was made to Section V of the Draft Order in each Form indicating that a licensee or any other person adversely affected by the Order has 20 days from the date that the Order is published in the Federal Register to request a hearing.