Notices of Enforcement Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion Plants (GDP), (NRC Enforcement Policy)

ICR 201408-3150-007

OMB: 3150-0136

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2014-08-26
ICR Details
3150-0136 201408-3150-007
Historical Active 201107-3150-003
NRC
Notices of Enforcement Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion Plants (GDP), (NRC Enforcement Policy)
Extension without change of a currently approved collection   No
Regular
Approved without change 10/28/2014
Retrieve Notice of Action (NOA) 08/27/2014
In accordance with 5 CFR 1320, the information collection request is approved for three years. OMB requests that when the agency submits the package for renewal that it conduct consultations with up to 9 outside entities and incorporate those findings into the ICR package.
  Inventory as of this Action Requested Previously Approved
10/31/2017 36 Months From Approved 10/31/2014
12 0 21
1,492 0 1,705
14 0 0

The NRC's Enforcement Policy addresses circumstances in which the NRC may exercise enforcement discretion. A specific type of enforcement discretion is designated as a NOED and relates to circumstances which may arise where a nuclear power plant licensee's compliance with a Technical Specification Limiting Condition for Operation or other license conditions would involve: (1) an unnecessary plant shutdown; (2) performance of testing, inspection, or system realignment that is inappropriate for the specific plant conditions; or (3) unnecessary delays in plant startup without a corresponding health and safety benefit. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement or other condition would unnecessarily require a total plant shutdown, or, compliance would unnecessarily place the plant in a condition where safety, safeguards, or security features were degraded or inoperable. A licensee or certificate holder seeking the issuance of a NOED, must document the safety basis for the request, including: an evaluation of the safety significance and potential consequences of the proposed request, a description of proposed compensatory measures, a justification for the duration of the request, the basis for the licensee's or certificate holder=s conclusion that the request does not have a potential adverse impact on the public health and safety, that there will be no adverse consequences to the environment, and any other information the NRC staff deems necessary before the NRC staff makes a decision whether to exercise discretion. In addition, the NRC's Enforcement Policy includes a provision allowing licensees to voluntarily adopt fire protection requirements contained in the National Fire Protection Association Standard 805, "Performance Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants, 2001 Edition" (NFPA 805). Licensees who wish to implement the risk-informed process in NFPA 805 must submit a letter of intent (LOI) to the NRC. Licensees who wish to withdraw from the NFPA 805 risk-informed process must submit a letter of retraction.

PL: Pub.L. 83 - 703 1-311 Name of Law: Atomic Energy Act
  
None

Not associated with rulemaking

  79 FR 42379 07/21/2014
79 FR 20923 04/14/2014
No

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 12 21 0 0 -9 0
Annual Time Burden (Hours) 1,492 1,705 0 0 -213 0
Annual Cost Burden (Dollars) 14 0 0 0 14 0
No
No
The burden has decreased from 1,705 hours to 1,492 hours, a decrease of 213 hours for the following reasons: • Based on the number of NOEDs received annually during the last clearance period, staff is reducing its estimate of expected NOEDs from nine to seven, resulting in a decrease in burden of 333 hours. • The number of anticipated NFPA-805 letters has increased from one to four, resulting in an increase in burden of 120 hours.

$87,040
No
No
No
No
No
Uncollected
Sheldon Stuchell 301 415-1847

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
08/27/2014


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