How does a performance deficiency (as defined in the ROP) relate to license renewal conditions and commitments? Does the ROP minor criterion apply?
In accordance with IMC 0612 , “Power Reactor Inspection Reports,” a “performance deficiency” is an issue that is the result of a licensee’s failure to meet a requirement or standard, where the cause was reasonably within the licensee’s ability to foresee and correct, and which should have been prevented. A performance deficiency may exist if a licensee fails to meet a self-imposed standard [such as a licensee commitment] or a standard required by regulation. Accordingly, the failure to meet a license renewal commitment would constitute a performance deficiency. If a requirement is identified, the performance deficiency would be a potential finding involving a violation. If no requirement can be identified, the standard would clearly be the commitment that is written to the agency, and the performance deficiency would be a potential finding without a violation. In all cases, a review would be conducted to classify the deficiency as “minor” or “greater than minor.” All performance defici
