Enforcement Manual Change Notice - Number 7

Change Notice Number 7 was issued on December 1, 2020. The primary purpose of this change was to update several sections in Parts I and II of the Manual to reflect current enforcement practices, and to provide clarifying guidance where needed. In addition, a new Enforcement Guidance Memorandum (EGM) was added to Appendix A. Several expired EGMs were also removed from Appendix A.

Changes made to the following sections of Part I and II of the Manual include:

  • Part I – Section 1.3.7, Documentation of Security-Related Information in Publicly Available Cover Letters, was added to the Manual to incorporate the Commission's guidance described in EGM 15-001, Revision 1, which is being retired with this change. Current guidance on protecting SUNSI and predecisional enforcement information was moved to Section 1.3.8.

  • Part I – Sections 3.6, Use of Discretion in Determining the Amount of a Civil Penalty (new title), and 3.7, Exercise of Discretion to Issue Orders (new title), was revised to align existing Manual guidance on the use of enforcement discretion with its corresponding section in the Policy.

  • Part II – Section 2.1.3, Enforcement of 10 CFR 50.59 and Related FSAR Violations, was revised to be consistent with the approach for determining significance using the current severity level examples in Section 6.1 of the Enforcement Policy.

  • Part II – Section 3.9, Dispositioning Violations of Naturally Occurring and Accelerator-Produced Radioactive Materials (NARM) Requirements, was added to the Manual to incorporate the temporary guidance on violations of NARM requirements provided in EGM 09-004, which is being retired with this change.

  • Parts I and II – Various Sections. Other minor or editorial changes were made to various Manual sections to clarify and/or update guidance to reflect current enforcement practices.

The following EGMs are being removed from Appendix A because the interim guidance has expired:

  • EGM 07-004, "Enforcement Discretion For Post-Fire Manual Actions Used as Compensatory Measures for Fire Induced Circuit Failures," dated June 30, 2007

  • EGM 09-002, "Enforcement Discretion for Fire Induced Circuit Faults," dated May 14, 2009

  • EGM 09-004, "Dispositioning Violations of Naturally Occurring and Accelerator-Produced Radioactive Materials (NARM) Requirements," dated May 13, 2009

  • EGM 11-003 (rev 3), "Dispositioning Boiling Water Reactor Licensee Non-Compliance with Technical Specification Containment Requirements During Operations with a Potential for Draining the Reactor Vessel," dated January 15, 2016

  • EGM 11-004, "Interim Guidance for Dispositioning Violations of Security Requirements for Portable Gauges," dated April 28, 2011

  • EGM 13-002, "Enforcement Discretion Not To Cite Violations Involving the Use of the New American Society Of Mechanical Engineers (ASME) Certification Marks Instead of ASME Code Symbol Stamps, while Rulemaking Changes are Being Developed," dated April 3, 2013

  • EGM-14-002, "Dispositioning Westinghouse Pressurized Water Reactor Licensee Noncompliance with 10 CFR 50.59, "Changes, Tests, and Experiments," for the Installation of Complex Programmable Logic Device (CPLD) Based Solid State Protection System (SSPS) Cards," dated October 2, 2014

  • EGM-14-003, "Enforcement Discretion Not To Cite Violations Involving Bolt And Stud Non-Destructive Examination Qualification Programs, While Rulemaking Changes Are Being Developed," dated January 16, 2015

  • EGM 15-001 (rev 1), "Documentation of Security-Related Information in Publicly Available Cover Letters Related to Enforcement Documents," dated June 2, 2015

  • EGM 15-002 (rev 1), "Enforcement Discretion for Tornado-Generated Missile Protection Noncompliance," dated February 7, 2017

  • EGM 15-003, "Enforcement Discretion Not to Cite Certain Violations of Section V of Appendix E to 10 CFR Part 50 for Non-Submittal of Emergency Plan and Emergency Plan Implementing Procedure Changes by Operating Reactor Licensees, While Rulemaking Changes are Being Developed," dated October 23, 2015

  • 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

Page Last Reviewed/Updated Thursday, December 03, 2020