[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Pages 63411-63413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24304]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION


Solicitation of Public Comments on the Implementation of the 
Reactor Oversight Process

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for public comment.

-----------------------------------------------------------------------

SUMMARY: Nearly 5 years have elapsed since the U.S. Nuclear Regulatory 
Commission (NRC) implemented its revised Reactor Oversight Process 
(ROP). The NRC is currently soliciting comments from members of the 
public, licensees, and interest groups related to the implementation of 
the ROP. This solicitation will provide insights into the self-
assessment process and a summary of the feedback will be included in 
the annual ROP self-assessment report to the Commission.

DATES: The comment period expires on December 16, 2004. The NRC will 
consider comments received after this date if it is practical to do so, 
but is only able to ensure consideration of comments received on or 
before this date.

ADDRESSES: Completed questionnaires and/or comments may be e-mailed to 
<a href="/cdn-cgi/l/email-protection#2d435f4e5f485d6d435f4e034a425b"><span class="__cf_email__" data-cfemail="543a2637263124143a26377a333b22">[email protected]</span></a> or sent to Michael T. Lesar, Chief, Rules and Directives 
Branch, Office of Administration (Mail Stop T-6D59), U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Comments may also be 
hand-delivered to Mr. Lesar at 11554 Rockville Pike, Rockville, 
Maryland, between 7:30 a.m. and 4:15 p.m. on Federal workdays.
    Documents created or received at the NRC after November 1, 1999, 
are

[[Page 63412]]

available electronically through the NRC's Public Electronic Reading 
Room on the Internet at http://www.nrc.gov/reading-rm.html. From this 
site, the public can access the NRC's Agencywide Documents Access and 
Management System (ADAMS), which provides text and image files of the 
NRC's public documents. For more information, contact the NRC's Public 
Document Room (PDR) reference staff at 301-415-4737 or 800-397-4209, or 
by e-mail at <a href="/cdn-cgi/l/email-protection#afdfcbddefc1ddcc81c8c0d9"><span class="__cf_email__" data-cfemail="c0b0a4b280aeb2a3eea7afb6">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Ms. Serita Sanders, Office of Nuclear 
Reactor Regulation (Mail Stop: OWFN 7A15), U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001. Ms. Sanders can also be reached 
by telephone at 301-415-2956 or by e-mail at <a href="/cdn-cgi/l/email-protection#287b707b1d68465a4b064f475e"><span class="__cf_email__" data-cfemail="c4979c97f184aab6a7eaa3abb2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Program Overview

    The mission of the NRC is to regulate the civilian uses of nuclear 
materials in the United States to protect the health and safety of the 
public and the environment, and to promote the common defense and 
security by preventing the proliferation of nuclear material. This 
mission is accomplished through the following activities:
    <bullet> License nuclear facilities and the possession, use, and 
disposal of nuclear materials.
    <bullet> Develop and implement requirements governing licensed 
activities.
    <bullet> Inspect and enforce licensee activities to ensure 
compliance with these requirements and the law.
    While the NRC's responsibility is to monitor and regulate 
licensees' performance, the primary responsibility for safe operation 
and handling of nuclear materials rests with each licensee.
    As the nuclear industry in the United States has matured for more 
than 27 years, the NRC and its licensees have learned much about how to 
safely operate nuclear facilities and handle nuclear materials. In 
April 2000, the NRC began to implement more effective and efficient 
inspection, assessment, and enforcement approaches, which apply 
insights from these years of regulatory oversight and nuclear facility 
operation. Key elements of the Reactor Oversight Process (ROP) include 
NRC inspection procedures, plant performance indicators, a significance 
determination process, and an assessment program that incorporates 
various risk-informed thresholds to help determine the level of NRC 
oversight and enforcement. Since ROP development began in 1998, the NRC 
has frequently communicated with the public by various initiatives: 
conducting public meetings in the vicinity of each licensed commercial 
nuclear power plant, issuing FRNs soliciting feedback on the ROP, 
publishing press releases about the new process, conducting multiple 
public workshops, placing pertinent background information in the NRC's 
Public Document Room, and establishing an NRC Web site containing 
easily accessible information about the ROP and licensee performance.

NRC Public Stakeholder Comments

    The NRC continues to be interested in receiving feedback from 
members of the public, various public stakeholders, and industry groups 
on their insights regarding the CY 2004 implementation of the ROP. In 
particular, the NRC is seeking responses to the questions listed below, 
which will provide important information that the NRC can use in 
ongoing program improvement. A summary of the feedback obtained will be 
provided to the Commission and included in the annual ROP self-
assessment report.
    This solicitation of public comments has been issued each year 
since ROP implementation in 2000. In previous years, the question had 
been free-form in nature requesting written responses. Although written 
responses are still encouraged, we have added specific choices to best 
describe your experience to enable us to more objectively determine 
your level of satisfaction.
    In addition, we are asking for feedback under distinct time frames 
to enable us to trend your level of satisfaction: During the initial 
year of ROP implementation (2000), and current ROP implementation. In 
future years, we will ask for feedback only for current ROP 
implementation.

Questions

    As previously discussed, we are asking for feedback under distinct 
time frames to enable us to trend your level of satisfaction. The 
questionnaire has been modified to benchmark the results. In responding 
to these questions, please consider your experiences using the NRC 
oversight process during initial implementation (first year of ROP) and 
current ROP implementation.
    Shade in the circle that most applies to your experiences as 
follows: (1) Very much (2) somewhat (3) neutral (4) somewhat less than 
needed (5) far less than needed
    If there are experiences that are rated as unsatisfied, or if you 
have specific thoughts or concerns, please elaborate in the 
``Comments'' section that follows the question and offer your opinion 
for possible improvements. If there are experiences or opinions that 
you would like to express that cannot be directly captured by the 
questions, document that in question number 20.

Questions Related to Specific ROP Program Areas

    (As appropriate, please provide specific examples and suggestions 
for improvement.)
    (1) Does the Performance Indicator Program promote plant safety?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (2) Does appropriate overlap exist between the Performance 
Indicator Program and the Inspection Program?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (3) Is the reporting of PI data efficient?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (4) Does NEI 99-02, ``Regulatory Assessment Performance Indicator 
Guideline'' provide clear guidance regarding Performance Indicators?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (5) Is the information in the inspection reports useful to you?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (6) Does the Significance Determination Process yield equivalent 
results for issues of similar significance in all ROP cornerstones?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (7) Does the NRC take appropriate actions to address performance 
issues for those licensees outside of the Licensee Response Column of 
the Action Matrix?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (8) Is the information contained in assessment reports relevant, 
useful, and written in plain English?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]

[[Page 63413]]

 
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    Questions related to the efficacy of the overall Reactor Oversight 
Process (ROP) (As appropriate, please provide specific examples and 
suggestions for improvement.)
    (9) Are the ROP oversight activities predictable (i.e., controlled 
by the process) and reasonably objective (i.e., based on supported 
facts, rather than relying on subjective judgement)?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (10) Is the ROP risk-informed, in that the NRC's actions are 
graduated on the basis of increased significance?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (11) Is the ROP understandable and are the processes, procedures 
and products clear and written in plain English?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (12) Does the ROP provide adequate regulatory assurance when 
combined with other NRC regulatory processes that plants are being 
operated and maintained safely?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (13) Does the ROP improve the efficiency, effectiveness, and 
realism of the regulatory process?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (14) Does the ROP ensure openness in the regulatory process?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (15) Has the public been afforded adequate opportunity to 
participate in the ROP and to provide inputs and comments?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (16) Has the NRC been responsive to public inputs and comments on 
the ROP?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (17) Has the NRC implemented the ROP as defined by program 
documents?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (18) Does the ROP reduce unnecessary regulatory burden on 
licensees?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (19) Does the ROP minimize unintended consequences?

                                                           1  2  3  4  5
Initial ROP Implementation...............................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
Current ROP..............................................  [  [  [  [  [
                                                           a  a  a  a  a
                                                           l  l  l  l  l
                                                           l  l  l  l  l
                                                           ]  ]  ]  ]  ]
 

    Comments:
    (20) Please provide any additional information or comments related 
to the Reactor Oversight Process.

    Dated at Rockville, Maryland, this 25th day of October 2004.

    For the U.S. Nuclear Regulatory Commission .
Stuart A. Richards,
Office of Nuclear Reactor Regulation, Division of Inspection Program 
Management, Inspection Program Branch.
[FR Doc. 04-24304 Filed 10-29-04; 8:45 am]
BILLING CODE 7590-01-P


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