ML20096H593

Public Petition Process

ML20096H593
Person / Time
Issue date:	12/31/1995
From:	NRC OFFICE OF PUBLIC AFFAIRS (OPA)
To:
References
NUREG-BR-0200, NUREG-BR-0200-R01, NUREG-BR-200, NUREG-BR-200-R1, NUDOCS 9601290130
Download: ML20096H593 (4)

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4 U.S. NUCLEAR REGULAT'ORY COMMISSION

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Introduction Offering, under certain circu mstances, an infor-mal public hearing to a petitioner.

He U.S. Nuclear Regulatory Commission (NRC)

. ng c p es o au patinent wrcpn-r es established in 1975 to protect public health and safety in the civilian use of nuclear power and materi-dence to all participants involved in a petit,on is-i,

als in the United States. As part of its responsibilities, NRC is interested in assessing all potential health Identifying a single agency contact for each peti-g nd safety issues related to licensed activities and en-tion.

o courages members of the public to bring serious is-sues to its attention.

Keeping the petitioner informed of the status within every 60 days.

Section 2.206 ofRic 10 of the CodeoffederalRegula-Establishing an c!cctronic bulletin board to pro-tions (10 CFR 2.206) describes the petition process-vide the status of all pending petitions to the the primary mechanism for the public to request en-pubhc.

forcement action by NRC in a public process.' This process permits anyone to petition NRC to take en-The Petitiori Process forcement action related to NRC licensees or li-

%c 2.206 process provides a simple, cifcctive mecha-censed activitics. Depending on the results ofits eval-nism for anyone to request enforcement action and uation, NRC could modify, suspend, or revoke an obtain NRC's prompt, thorough, and objective evalu-NRC-issued license or take any other appropriate en-forcement action to resolve a problem. Requests that ation of underlying safety issues. It is separate and distinct from the processes for rulemaking and licens-raise health and safety issues without requesting en-forcement action are reviewed by means other than ing, although they too allow the public to raise safety concerns to NRC.

the 2.206 process.

Under the 2.206 process, the petitioner submits a re.

In 1993, NRC reassessed the 2.206 petition process to quest in writing to NRC's Executive Director for Op-determine whether it was effective, understandable, crations, identifying the affected licersee or licensed and credible. As part of its reassessment, the agency activity, the requested enforcement action to be tak-held a public workshop and obtained extensive com-en, and the facts the petitioner believes provide suffi-ments from citizens' groups, the nuclear industry, cient grounds for NRC to take enforcement action.

former petitioners, and State and local governments.

Unsupported assertions of " safety problems," gener.

As a result, NRC made improvements to the 2.206 al opposition to nuclear power, or identification of process to increase opportunities for meaningful safety issues without seeking enforcement action are public participation and to improve communications not considered sufficient grounds for consideration between the petitioner and NRC.

as a 2.206 petition.

Rese improvements include-After receiving a request, NRC determines whether (1) the request qualifics as a 2.206 petition,(2) an in.

• The NRC also has an allegation process in which individu-vestigation of potential wrongdoing is appropriate, als who raise potential salety concerns for N RC review are and (3) an informal public hearing is warranted. The afforded a degree of protection of their identity. Specific r,uidance on the atlet,ation process is contained in NRC NRC sends an acknowledgment letter to the pctition-Management Directive 8.8. -Management of Allega-cr and a copy to the licensee. If the request is ac-tions, and described in a separate pamphlet available ccptcd for review as a 2.206 petition, NRC publishes a from the Office of Public Affairs. Other processes for pub-he invohement are listed at the end of this pamphlet.

notice in the Federa/ Register. If the request is not ac-cepted, NRC notifies the petitioner of its decision n

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and indicates that the petitioner's underlying safety a significant safety issue not previously evaluated 'or l

concerns will be considered outside the 2.206 process.

provides a new approach or information on a signifi-i cant safety issue previously evaluated by NRC. No in-On the basis of an evaluation'of the petition, the ap.

formal public hearing is offered if the petition in-f propriate office director issues a decision and,if war.

volves sensitive information such as safeguards, facil-ranted, NRC takes appropriate enforcement action.

ity security, proprietary, or confidential commercial Throughout the evaluation process, NRC sends co-information. The NRC publishes a notice in the Fed-pies of all pertinent correspondence to the petitioner g

eral Register 30 days in advance of each informal pub-j cnd the affected licensee. In most cases, NRC places 3

lic hearing.

correspondence in the Public Document Room l

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(PDR) in Washington, D. C., as well as the appropri.

De informal public hearing is usually hcid near the

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ate local Public Document Room (LPDR) near the affected facility or,ifIhe petition raises generic issues affected facility.110 wever, the agency withholds in-covering facilitics nationwide, in the Washington, formation that would compromise an investigation or D.C., area. To the extent practicable, the informal ongoing enforcement action relating to issues in the public hearing is scheduled during the evening hours petition.The NRC also sends the petitioner other in.

and should last no longer than three hours.The NRC.

formation such as pertinent generic letters and bulle.

does not offer any preliminary decisions during the

tins, informal public hearing. Although not adjudicatory in nature, the informal public hearing is transcribed.

The NRC notifies the petitioner of the petition's sta.

and the text is made public shortly afterwards.

tus every 60 days, or more frequently if a significant -

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action occurs. Monthly updates on all pending 2.206 petitions arc available in the PDR and on an elec-Director's Decision tronic bulletin board, which is available to the public j

through the Internet.

The NRC's official response to a 2.206 petition is a written director's decision that addresses the con-Infirmal Public Hearing cerns raised in the petition. The agency's goal is to is-sue a decision wthin 120 dys from the date of the ac-An informal public hearing serves not only as a knowledgment ietter. liow ever, additional time may source of potentially valuable information for NRC be needed to conduct an investigation, hold an infor-to evaluate a 2.206 petition, but also affords the peti-mal public hearing, complete an inspection, or ana-tioner substantive involvement in the review and lyze particularly complex technicalissues. lf the goal decision-making process through direct discussions is not met, the NRC staff will promptly inform the pe-titioner of a schedule change.

with NRC and the licensee. An informal public hear-ing is offered only if the petition meets certain re-

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quirements, it is not offered automatically or solely at The director's decision includes Ihe professional the petitioner's request. Note that an informal public staff's evaluation of all pertinent information from hearing can be offered at any time during NRC's re-the petition, correspondence with the petitioner and vie s of a petition, the licensee, information from any informal public hearing, results of any investigation or inspection, To qualify for an informal public hearing, the petition and any other documen'ts related to petition issues.

must present newinformation that raises a significant The director's decision is provided Io Ihe petitioner safety issue or alleges violation of NRC require-and the licensec and is published in the TcdcraIRegis.

ments. Information is considered "new"if it presents ter.

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i Director's decisions may bc issued as follows:

(PC) and a modem, by calling 1-800-303-%72 (com-munication parameters 8-N-1-F). %c FedWorld A decision granting a petition, in full. cxplains bulletin board can be accessed via the Internet:

the basis 'or the decision and grants the action request.:d in the petition (e.g., NRC issuing an Tbinet Access fedworld. gov (192.239.93.3) order : a modify, suspend, or revoke a license).

Fl? Site Access - ftp.fedworld. gov A decision denying a petition, in full, provides WWW the reason for the denial and discusses all mat-(H me I ge) -

http://www.fedworld. gov ters raised in the petition.

A partial director's decision may be issued Files on public petitions can be found in the NRC-when-PUB library that can be sc!ceted from any FedWorld he NRC decides not to grant the enforce.

file system.There are PCs located at the main PDR j

e ment action requested in the petition but and several LPDRs which are available to the public.

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takes other appropriate enforcement action Call 202-634-3273 for information about PC access at l

(e.g., requesting facility or procedural modi.

the PDR and call 1-800-638-8081 for the LPDRs.-

fications) to resolve the identified safety concerns, thus partially denying the petition; or Other Processes for Public Involvement Some of the issues associated with the peti-In addition to the 2.206 petition pocess, NRC has i

e tion can be completed and significant sched-several other ways that permit the public to express

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ule delays are anticipated before resolution concerns on matters related to the NRC's regulatory of the entire petition.

activitics.

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. He Commission will not entertain requests for re-The NRC's allegationprocess affords individ uals

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view of a director's decision. However, on its own, it who raise safety concerns a degree of protection may review a decision within 25 calendar days. After-of theiridentity.

wards, NRC writes to the petitioner indicating wheth.

Under the provisions of 10 CFR 2.802, NRC cr the Commission has reviewed the decision and provides an opportunity for the public to peti-sends copies to the licensec and PDR.

tion the agency regarding its rulemaking activi-ties.

NRC Management Directive 8.11. " Review Process ne NRC's licensingprocess offers members of e

for 10 CFR 2.206 Petitions," contains more detailed information on citizen petitions. For a free copy of the pubhc, who are specifically affected by a li-the directive, writc to the Superintendent of Docu-censing action, to formally participate in licens-ments, U. S. Government Printing Office, P. O. Box mg pr ccedings.This process apphes not only to 37082 Washington, DC 20013-7082, or call the mitial licensing actions but also to license j

amendments and other activitics such as decom-202-512-1800.

missioning and license renewals.

For major regulatory actions involving prepara-Electronic Access to Petitions tion of environmentalimpact statements, NRC De NRC's electronic bulletin board on 2.206 peti-offc" wparate opportunitics for public partici-tions may be accessed. using a personal computer pato a its environmentalproceedings.

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The public can attend a number of meetings in.

e ciuding open enforcement conferences, period-ie media briefings by Regional Administrators, and special meetings held near the affected faci-j lities to inform kical communities and resp (md i

to their questions.

More information on these activities can be found in NRC's pamphlet entitled, "Public Involvemen t in t he Nuclear Regulatory Process."

Office of Public Affairs U. S. Nuclear Regulatory Commission

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Washington, DC 20555-0001 Telephone 301-415-8200 or 1-800-368-5642 12055513o531-US NRC-0ADM 1 1 A0 DIV FOIA TDS-POR-NUREGt PURLICATIONS SVCS 2VFN-GE7 WASHINGTON l

s DC 20555 I

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NUREG/BR-0200, Rev.1 i

December 1995 l

Gm3 1996 - 167-970 OL2

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