ML20128N042
| ML20128N042 | |
| Person / Time | |
|---|---|
| Issue date: | 01/26/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 2.206, NUDOCS 9302220448 | |
| Download: ML20128N042 (2) | |
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UNITED STATES j'"
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eeeeeeoeeeoeoeoeoeoeeaoe January 26, 1993
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OFFICE OF THE SECRETARY MEMORANDUM FOR:
William C.
Parler General Counsel l
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FROM:
Samuel J.
Chilk, Secretary bECOMMISSION'S
SUBJECT:
SECY-92-415 - REVIEW OF REGULATIONS AND PRACTICE GOVERNING CITIZEN PETITIONS UNDER 10 CFR 2.206 FOR INSTITUTING PROCEEDINGS AGAINST LICENSEES The Commission-(with Commissioners Curtiss, Remick and de Planque agreeing) has.not objected to initiating an evaluation of the NRC 2.206 process, but the Commission should be provided with the opportunity to review the background paper prior to concurring in the plans for a public workshop.
Additionally,--given the extensive attention that has been devoted to the 2.206 process in the context of Part 52, the focus of this evaluation should be limited to enforcement-type 2.206 petitions, explicitly excluding the Part 52 licensing-type 2.206 petitions.
The Chairman and Commissioner Rogers also approved the plans to initiate a review of the 2.206 process and to conduct the workshop but without waiting to review the background paper.
(OGC)
(SECY Suspense:
3/27/93)
The staff should consider the impact any contemplated changes might have on whether denials of 2.206 petitions are presumptively.unrevievable in the Federal Courts of Appeals.
It may not make sense to alter the 2.206 process in a way which-would significantly call'into question the decisions adopted by three Circuits in recent years.
19 125 SECY NOTE:
THIS SRM, SECY-92-415, AND THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10 L
WORKING DAYS FROM THE DATE OF THIS SRM 9302220448 930126 M[
PDR 10CFR V
PT9.7-PDo-
- - ge cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de'Planque EDO OIG Office Directors, Regions, ACRS,.ACIN-'(via E-Mail)
GP, SDBU/CR, ASLBP (via FAX) t
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