ML19081A227
| ML19081A227 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/2019 |
| From: | Ho Nieh Office of Nuclear Reactor Regulation |
| To: | Baker B NRC/OIG/AIGA |
| Buckberg P 415-1383 | |
| References | |
| 2.206, OEDO-19-00132, OIG-17-A-23 | |
| Download: ML19081A227 (5) | |
Text
April 30, 2019 MEMORANDUM TO: Dr. Brett M. Baker Assistant Inspector General for Audits Office of the Inspector General FROM: Ho K. Nieh, Director /RA Michele G. Evans for/
Office of Nuclear Reactor Regulation
SUBJECT:
STATUS UPDATE TO THE OFFICE OF THE INSPECTOR GENERALS AUDIT OF THE U.S. NUCLEAR REGULATORY COMMISSIONS PETITION REVIEW PROCESS UNDER 10 CFR 2.206, REQUESTS FOR ACTION UNDER THIS SUBPART (OIG-17-A-23)
This memorandum updates the status of the U.S. Nuclear Regulatory Commission (NRC) Office of Nuclear Reactor Regulation (NRR) staffs response to your memorandum dated August 22, 2017, transmitting Office of the Inspector General (OIG)-17-A-23, Audit of NRCs 10 CFR 2.206 Petition Review Process (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17234A561). The OIG audit report makes two recommendations for improving the petition review process under Title 10 of the Code of Federal Regulations (10 CFR) 2.206, Requests for Action under This Subpart. Enclosed please find an update to the NRC staffs response to these two recommendations including actual dates of completion.
Since the issuance of the audit report on August 22, 2017, the NRC has completed the following actions:
- On February 10, 2019, the staff issued information paper SECY-19-0018, Changes to the Petition Review Process under Section 2.206 of Title 10 of the Code of Federal Regulations (ADAMS Accession No. ML19038A327), that addresses the five items from Staff Requirements Memorandum (SRM)-M180208, Staff Requirements - Discussion of Potential Changes to the 10 CFR 2.206 Enforcement Petition Process dated February 20, 2018 (ADAMS Accession No. ML18051A998).
- On March 1, 2019, the NRC staff issued the revision to Management Directive (MD) 8.11, Review Process for 10 CFR 2.206 Petitions (ADAMS Accession No. ML18296A043), which includes revised and clarified criteria for reviewing and rejecting 10 CFR 2.206 petitions.
CONTACT: Perry H. Buckberg, NRR/DORL (301) 415-1383
B. Baker
- On April 11, 2019, the NRC staff created Yellow Ticket Y020190171 as a control for periodic evaluations of the effectiveness of the 10 CFR 2.206 petition review process, to support process enhancements and to support future revisions of MD 8.11.
o The NRC staff gave external stakeholders opportunities to provide feedback on the efforts to improve the 10 CFR 2.206 petition process, including (1) a public meeting held in December 2017 to seek external stakeholder feedback on the proposed revision to MD 8.11, and (2) a February 2018 briefing to the Commission by public stakeholders and the NRC staff on potential improvements to the 10 CFR 2.206 petition process. Both the public and NRC staff presentations to the Commission addressed the proposed revisions to MD 8.11.
o The revision to MD 8.11 addresses the external stakeholder feedback obtained during the public meetings and responds to the Commissions direction in SRM-M180208.
Enclosure:
Response to the OIGs Audit of the NRCs 10 CFR 2.206 Petition Review Process (OIG-17-A-23)
Package ML19079A286 Incoming ML19079A285 Audit Report ML19078A123 Status update ML19081A227 via email*
OFFICE NRR/DORL/LPLII-2/PM NRR/DORL/LPLII-2/LA* Tech Editor*
NAME PBuckberg IBetts JDougherty DATE 4/9/19 03/26/19 4/3/19 OFFICE NRR/DORL/LPLII-2/BC NRR/DORL/D NRR/D NAME UShoop CErlanger (GSuber for) HNieh (MEvans for)
DATE 4/9/19 4/11/19 04/30/19 RESPONSE TO THE OFFICE OF THE INSPECTOR GENERALS AUDIT OF THE U.S. NUCLEAR REGULATORY COMMISSIONS 10 CFR 2.206 PETITION REVIEW PROCESS (OIG-17-A-23)
In Office of the Inspector General (OIG)-17-A-23, Audit of NRCs 10 CFR 2.206 Petition Review Process, dated August 22, 2017, the OIG provided two recommendations to the U.S. Nuclear Regulatory Commission (NRC) staff for improving the agencys petition review program under Title 10 of the Code of Federal Regulations (10 CFR) 2.206, Requests for Action under This Subpart. The OIGs recommendations are listed below, followed by the NRC staffs responses, including actual completion dates.
Recommendation 1: Develop controls to ensure formal assessments are performed and are documented for future use.
Response
The staff agrees with the recommendation.
NRC Management Directive (MD) 1.1, NRC Management Directives System, dated December 11, 2018, requires the staff to review and reissue, or to certify as still relevant, all MDs at least every 8 years. Before issuance of the October 2000 version of MD 8.11, Review Process for 10 CFR 2.206 Petitions, the staff performed and documented formal assessments of the 10 CFR 2.206 petition review process as part of the periodic review and revision of MD 8.11. Between 2009 and 2017, the staff performed formal and informal assessments and implemented changes on various portions of the 10 CFR 2.206 petition review process. These assessments supported the revision of the October 2000 version of MD 8.11, which the NRC issued on March 1, 2019.
Action Taken:
The Office of Nuclear Reactor Regulation (NRR) staff informally assesses the 10 CFR 2.206 petition review process during monthly petition status meetings. On April 11, 2019, the staff initiated Yellow Ticket Y020190171 as a control to ensure formal assessments are performed every three years to further evaluate the effectiveness of the 10 CFR 2.206 petition review process, to support process enhancements and to support future revisions of MD 8.11 as required by MD 1.1.
Target date for completion: June 29, 2019 Actual date of completion: April 11, 2019 Recommendation 2: Clarify the criteria for reviewing and rejecting petitions.
Response
The staff agrees with the recommendation.
The NRC staff recognized the need to clarify the criteria for reviewing and rejecting 10 CFR 2.206 petitions as part of the revision to MD 8.11. The staff has developed and incorporated revised criteria and has updated the initial screening criteria in the revision to MD 8.11.
Enclosure
Action Taken:
The NRC staff has implemented revised and clarified criteria for reviewing and rejecting 10 CFR 2.206 petitions in the March 1, 2019, revision of MD 8.11 (Agencywide Documents Access and Management System Accession No. ML18296A043).
Target date for completion: January 31, 2019 Actual date of completion: March 1, 2019