ML19161A161
| ML19161A161 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/2019 |
| From: | Patricia Holahan Office of Nuclear Material Safety and Safeguards |
| To: | Skov J - No Known Affiliation |
| Jill Shepherd-Vladimir 301-415-1230 | |
| References | |
| PRM-2-15 | |
| Download: ML19161A161 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Jeffrey M. Skov 1321 Cavalier Lane San Luis Obispo, CA 93405
Dear Mr. Skov:
This letter is in reference to your petition for rulemaking, dated May 17, 2019 (NRCs Agencywide Documents Access and Management System (ADAMS) Accession No. ML19161A159). The petition requests that the U.S. Nuclear Regulatory Commission (NRC) amend its regulations in Part 2 of Title 10 of the Code of Federal Regulations (10 CFR) to require the NRC to (1) request that the D.C. Circuit Court of Appeals appoint a Special Master in certain defined circumstances to investigate and provide oversight to the NRC, (2) recommend actions to the Special Master that the NRC would undertake to notify the public during the oversight period, and (3) add multiple new definitions involving shortcomings in the NRC regulations as part of a tiered approach to describing such scenarios that would trigger the appointment of a Special Master.
The NRC has carefully reviewed the petition for rulemaking including the referenced documents and concluded that the NRC does not have the authority to implement the requested changes.
The NRCs authority stems from statutes such as the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the Nuclear Waste Policy Act of 1982, as amended, and the Uranium Mill Tailings Radiation Control Act of 1978, as amended, among others. Because the NRC does not have the authority to implement the requested changes, and because the request would be inconsistent with Congresss delegation of authority to the Commission over matters within its jurisdiction and the requirement in Article III of the Constitution that judicial power extend solely to cases or controversies presented to courts, the NRC is not docketing the petition pursuant to 10 CFR 2.803(b)(2).
To the extent the reference to the NRCs prior denial of PRM-2-15 in the proposed definition of Conduct toward the execution of U.S. law that is patently in mala fide is a challenge to or request for reconsideration of the NRCs previous denial of PRM-2-15, the NRC does not have a formal process for seeking reconsideration of a Commission action on a petition for rulemaking. As noted in the NRCs prior correspondence with you on this subject, the Commissions denial in that notice constitutes the NRCs final action on PRM-2-15.
The NRC is not docketing the petition for rulemaking dated May 17, 2019, for the reasons described above. Separately, the NRC notes that this request appears to misapprehend the basis for the denial of PRM-2-15. The denial of PRM-2-15, as detailed in the associated Federal Register notice (83 FR 50535; October 9, 2018) was based on the fact that PRM-2-15 did not identify shortcomings in the NRCs current regulations, did not demonstrate a need for the requested changes, and did not present a practical process for agency accountability. The NRC also noted in its reasons for denying PRM-2-15 that the NRC already has the tools in place to provide for independent evaluation of agency actions. However, the petition dated May 17, 2019, appears to attribute the denial to the fact that PRM-2-15 failed to identify August 8, 2019
J. Skov shortcomings in the NRCs regulations. See, e.g., the petition for rulemaking dated May 17, 2019, page 1, footnote 4. This petition also makes assertions based on assumptions and conclusions that are outside the scope of the specific requested changes. Although the NRC is not addressing these assertions in detail here, this should not be interpreted as NRC agreement with or acceptance of such assertions.
Sincerely,
/RA/
Patricia K. Holahan, Director, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission.
ML19161A151 (package)
OFFICE NMSS/DRM/RASB/RT NMSS/DRM/RASB OGC D:NMSS/DRM NAME J. Shepherd-Vladimir C. Bladey J. Ezell P. Holahan DATE 8/2/19 7/31/19 7/23/19* and 8/7/2019*
8/8/19
- concurrence by e-mail