The NRC’s Enforcement Policy includes
the circumstances in which the NRC may grant a NOED. On occasion,
circumstances arise when a power plant licensee’s compliance with a
Technical Specification (TS) Limiting Condition for Operation or
any other license condition would involve an unnecessary plant
shutdown or transient. Similarly, for a gaseous diffusion plant,
circumstances may arise where compliance with a Technical Safety
Requirement (TSR) or other condition would unnecessarily call for a
total plant shutdown, or, compliance would unnecessarily place the
plant in a condition where safety, safeguards, or security features
were degraded or inoperable. In these circumstances, a licensee
or certificate holder may request that the NRC exercise enforcement
discretion, and the NRC staff may choose to not enforce the
applicable TS, TSR, or other license or certificate condition. This
enforcement discretion is designated as a NOED. A licensee or
certificate holder seeking the issuance of a NOED must document and
submit to the NRC by letter, in accordance with the implementation
guidance in the NRC Enforcement Manual, 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, and does not involve
adverse consequences to the environment, and any other information
the NRC staff deems necessary before making a decision to exercise
discretion.
The burden has decreased from
1,492 hours to 680 hours, the decrease is due to the staff
reviewing the historical data of the last three clearance cycles
which supports reducing the annual estimate of NOED submittals to
4; a decrease of 3 power plant licensees and no expected submittals
from Gaseous Diffusion Plant certificate holders; additionally, the
fee rate has changed from $272 to $265 per hour for this clearance
cycle.
$42,400
No
No
No
No
No
No
Uncollected
G. Edward Miller 301 415-2481
ed.miller@nrc.gov
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.
3150-0136 Final NOED Supporting Statement amended for nonsubstantive change request.docx
Notices of Enforcement Discretion (NOEDs) for Operating Reactors and Gaseous Diffusion Plants (GDP)