ML20035C482
| ML20035C482 | |
| Person / Time | |
|---|---|
| Issue date: | 02/22/1993 |
| From: | Remick F NRC |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| 2.206, NUDOCS 9304080020 | |
| Download: ML20035C482 (1) | |
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'o UNITED STATES NUCLEAR REGULATORY COMMISSIDN RELEASED TO T
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ate February 22,1993 OFFICE OF THE COMMISSIONE FI MEMORANDUM FOR: Samuel J. Chilk Secretary of C mmission FROM:
For mick SUBJEQ COMSECY-93-007, R EVI EW OF PRACTICES G OVER NING i
2.206 PETITIONS j
I approve OGC's going forward with a workshop based on this COMSECY. I find the suggestions in Section III of the COMSECY very useful. Before the workshop, I would like to receive an information copy of the materials which will be sent to the participants in the workshop.
I have two comments about the suggestions in Section III. First, we should be careful to make clear that we would prefer not to have 2.206 decisions reviewed in court preciselv because enforcement decisions, in the words of the COMSECY, "necessarily invoive many -
factors of agency discretion." (See p. 8, and Attrchment 3 at page 1.) We do notjust want to stay out of court. As a general matter, I agree with the General Counsel that we should not oppose having our decisions reviewable in court (ree page 1). But we have good reason to avoid judicial review of enforcement decisions. Therefore, when discussing reviewability of 2.206 decisions, I would prefer that we be careful not to represent ourselves as simply wanting to avoid judicial review.
Second, although I am attracted to the suggestion (on p. 8) that we make it our policy to characterize Decisions as partial grants even when the exact relief requested has not been granted, the policy would require care in implementation, to assure that credit is given where due. For example, on page 2 of Attachment 1,it is said that "[t]he most recent case in which a 2.206 petition resulted in regulcatory action which achieved the petitioners' objective, at least in part, is Yankee Rowe." I am not sure that this characterization adequately recognizes the effort which the staff had expended on the Yankee Rowe embrittlement question before the petition was filed.
cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner de Planque OGC EDO 9304080020 930222 PDR 10CFR PT9.7 PDR sf O.