ML20206A794

Discusses NRR Ofc Ltr 600,Rev 2 Re Procedures for Handling Requests Under 10CFR2.206

ML20206A794
Person / Time
Issue date:	11/07/1988
From:	Murley T Office of Nuclear Reactor Regulation
To:	Office of Nuclear Reactor Regulation
References
2.206, NRRL-600, NUDOCS 8811150261
Download: ML20206A794 (8)

Text

Oc ,

1 -. .

n

1. ps '* %

~\ UNITED $TATES l j' [ j* NUCLEAR REGULATORY COW. MISSION j- a , WASHINGTON D C.20655

% g ,,, November 7, 1988 l

NEMORANDUM FOR; . Al1 NRR Employees j j FROM: Thomas E. Murley, Director Office of Nuclear Reactor Regulation  !

i j

SUBJECT:

NRR OFFICE LETTER NO 600 - REVISION 2 l  :

PRC FDURES FOR HANDLING REQUE5TS  !

UNDER10CFR62.206(DIRECTOR'SDECISIONS)  !

V PURPOSE To establish procedures for ensuring prorapt and a)propriate notification end 1

distribution of actions handled in accordance witi 10 CFR 52.206. This re-vised Office Letter supersedes NRR Office Letter No. 600, Revision 1 dated j March 28, 1988.

1

. DEFINITION J. A 52.206 petition is a request filed by any person, pursuant to 10 CFR 52.206,

requesting a proceeding to redify, suspend, or revoke a license or for such j other action as may be proper. A person need not cite 12.206 in order for it j to be treated as a 52.206 petition, 4

The petition must demand, essentially, license mdification, suspension, revoca-

) tion, or other enforcerent actions. However, it is necessary to distinguish between a request to modify an existing license and a request to deny an initial i] license or a pending amendment. The latter type of request should be handled i in connection with the relevant ifcensing action, not under 10 CFR 12.206.

J j Petitiuns rust specify the action requestr' and set forth with specificity the

! facts that constitute the bases for taking that particular actian. Seneral op-1 pcsition to nuclear power or a general assertion, absen", supporting facts, i should not be treated as a forn.al retition under 10 CFR 52.206. Such letters j should be tre9ted as routine correspondent.e.

l l RESPONSIBILITIES AhD AUTHORITIES l Office of the Executive Director for Operatjons (EDO)

The Administrative and Correspondence Branch, EDO, is responsible for assigning 2

a green ticket to all requests under 10 CFR 62.2C6 and forwarding them to the

, Office of the General Counsel (0GC) for initial revirv. If such requests are

{ inadvertently forwarded by the NRC Mailroom to any hRR Branch or Division, the j recipient should inrediately send the incoming request to the Acministrative

]

arid Correspondence Branch, E00. <j ,[)

C0hTACT:

B. Dalryrple, FMAS /h [y, h

49-21279 8811150261 881107 i PDR ORG NRRB PN1)

I y

l ' Vk I)"

s l

~

AllNRRkmployees November 7, 1988 Office of the General Counsel (0GC)

The Assistant General Counsel for Enforcert.ent, OGC, will review and determine the validity of a $2.206 petition. OGC will prepare the draft letter of acknowledgement to the petitioner and the Federal Register Notice. These documents will then be forwarded to the Director, IER, if OGC deterrnines that ',

NRR is the appropriate office to handle the petition.

Questions on the applicability of 10 CFR 62.206 to a particular letter or i request should be addressed to OGC. Advice on all 10 CFR 62.206 matters should be obtained from the Assistant General Counsel for Enforcement, OGC, before o*af ting any response to the petition. OGC concurrence is required on responset on all correspondence initiated in connection with the petition.

Office of duelear Reactor Regulation (NRR) t The NRR mailroom personnel wi'l determine which Division has the lead responsi-hility for the 62.206 action. The Director, NRR, will sign all documents per-taining to $2.206 actions. No changes will be made in the package after the '

Director, NRR, has signed all documents in the package. i division and Staff lead responsibility for 52.206 actions is assigned to a Project Directorate.

i The lead Project Directorate is responsible for coordinating a?1 62.206 re- -

sponses and for making proper copy distribution until the action is closed.

The staff contact responsible for preparing the decision should coordinate the l activity and york closely with the OGC case attorney. The lead Project Direc-  ;

torate Licensing Assistant is responsible for review of the $2.206 package be-fore it is sent to the NRR Mailroom and before dispatch. Technical division staff are not to dispatch $2.2C6 packages.

l BASIC REQUIREMENTS A letter of acknowledgcrent is prepared and sent to the petitioner upon receipt of a 52.206 request. The Director's Decision is prepared within a reasonable -

t time thereaftar. (See enclosures for sanple corres m dence.)

I t A. gknowlecgementofRequest t After its review for appropriate handling, OGC will forward, by a memoran-

]' dun tc the Director, NRR, the original $2.206 request, and drafts of the letter of acknowledgerent and the Federal Register Notice.  !

The lead NRR Project Directorate will issue final versions by the date l specified on the green ticket. The  :

final decision (Director's Decision) green ticket remains active until a is made.

i The lead Project Directorate will ensure that the appropriate licensea is notified of the 12.206 request. Notification is made to the licensec  !

1 via copy ("cc" of the letter of acknowledgement a' .: a copy of the incoming i i

I

Ali NRR Employees November 7, 1988

$2.206 request). The licensee may be asked to respond to the petition; in the letter of acknowledgment the petitioner should be informed of this request for response.

If the $2.206 request asks for imediate action by the NRC (e.g., ime-diate sus sensicn of reactor operation pending final action on the re-quest), t1e letter of acknowledgerent must respond to the imediate ac-tion mentioned. If such imediate action is denied, the let'tr of acknowledgement must explain the basis for the denial.

B. Director's Decision After receipt of the $2.206 petition, effort should begin imediately to evaluate the petition and prepare the Directcr's Decision. The project manager retains lead responsibility for coorcinating all inputs required from (4her divisions or branches and working closely with the OGC case attorney. The Director's Decision is due 90 days from the issue date of the letter of acknowledgement. This date is the revised due date that is issued by the ED0's office. The OGC case attorney must be in'ormed of this date.

If the petition is denied in whole or in part, NRR will prepare a "Director's Decision Under 10 CFR 62.206," explaining the basis for the denial and responding to all matters raised by the petitioner in support of the request. A letter is sent to the petitioner transmitting the Director's Decision along with a Federal Register Notice explaining that the request has been denied. The licensee and individuals on the service list are informed of the denial by copy of the transmittal letter. It is imperative that extreme care be taken not to issue the licensees and service list copies before the petitioner's copy has been dispatched.

If a portion of the petition is granted, the Director's Decision should explain the actions that the staff has taken or will take to grant the petition. If the petition is granted in full, no Director's Decision is issued. Generally, an Order under 10 CFR 52.202 or 10 CFR 62.204 will be issued. It may be appropriate to cite the petitioner's request (for such an Order) in aay Order that is issued.

!f the request is granted by issuance of an Order, a letter is sent to the licensee transmitting the Order. Another letter is prepared for the petitio er which explains that the 52.206 request has been granted. A copy of that Order is also included with the petitioner's letter.

C. Distributier, A denial under 10 CFR $2.206 consists of a letter to the petitioner, the Director's Decision, and the Federal Register Notice. After issuance (when all signatures are obtained), the lead Project Directorate contacts the OGC enforcement attorney responsible for that case to obtain a

All NRR Employees November 7, 1988 Director'sDecisionnumber(e.g.,DD-YEAR-00). This number is assigned ,

to each Director's Decision in rumerical sequence. This number is typed on the letter to the petitioner, the Director's Decision, and the 4

Federal Register Notice.

The following requirements are to be carried out on the day the Director's Decision is issued.

1. Immediately HANvCARRY to the following:

Christine Cater. SECY 16-H-21 WF 5 copies of the Director's Decision 2 cour'.esy copies of entire Decision package I copy of incoming request

!! arty Malsch, OGC 17-D-13 WF '

1 copy of the Director's Decision (and other documents i referenced in Decision)

I copy of incoming request i

Lawrence Chandler, OGC 16-D-19 WF l 1 copy of Director's Decision 1

2. Telephone the following individuals to aavise them that the Director's Decision has been issued:

itarty Maisch, OGC 49-21740 Christine Cater, SECY 49-21679 Emile Julian, SECY 49-21665 It is imperative that these requirements are followed pronptly, because, af ter filing the Director's Decision with the Office of the Secretary, the Comission has 25 days from the date of issuance to determine whether the Director's Decision reeds to be reviewed.

The final version of the Director's Decision is then promptly transmitted electronically via the IBM 5520 system to Herner and Company, a contracting firm responsible for reproducing Comission and Eoard decisions in Nuclear Regulatory Commission Issuances. Use node name NRCADMP and local address i

NRCI when transmitting. Any corrections may be telephoned to the Policy l and Publications Management Branch, ARM on X28925. ll When transnitting data, opinions, footnotes, or partial information i (errata), be sure to identify the opinion and month of issuance at the beginning of the transmission. Clearly identified transmissions will ,

help to avoid administrative delays and inprove the technical production ,

schedule for proofre d ng, editing, and composing the issuance.

l  !

)

i t

I

l

. 1 All NRR Employees November 7, 1988 After transmission, two copies of the Director's Decision (and other  !

documents referenced in the Decision), along with a completed HRCI Transmission Record form, are forwarded to NRCI, Mail Stop P-210. ,

Forns can be obtained from the stock room or from Yicki Yanez, Policy '

and Publications Management Branch, X28925. The document should be I archived from the 5520 system to a floppy diskette and then deleted from the 5520 system.

Although 62.206 actions receive a green ticket control, use the follow- i

ing guidelines when distributing copies internally and externally. l The original 52.206 petition and any enclosure (s) will accompany the  !

Docket / Central File copy of the first response (letter of acknowledge-ment). Copies are provided to the appropriate licensee and individuals on the service list, if deemed necessary by the lead licensing assistant.

The Distribution List should include the following individuals:

Distribution Docket or Central Files (w/ incoming C. Cater, SECY* '

request and enclosures) M. Malsch, OGC*

NRC PDR L. Chandler, 0GC-WF* ,

LOCAL PDR ASLAB l EDO Readitg File ASLBP V. Stello, EDO ACRS (10) [

M. Bridgers, EDO (EDO# ) V. Yanez, ARM (v/2 cys of i T. Murley, NRR Director's Decision and l D. Crutchfield, NRR NRCI Transmittal Form) t D. Mossburg, NRR (EDO# )

Appropriate Project Director Appropriate Project Manager  ;

Appropriate Licensing Assistant Other individuals listed on concurrence i

b 1

• Handcarry i

l l

i

__._.____.,_______.E

All hRR Employees 6- November 7, 1988 EFFECTIVE DATE This Office Letter is effective imediaMiy.

Original signed by James H. Snic

ek Tkomas E. Murley, Director Office of Nuclear Reactor Regulation

Enclosures:

Sarnples: Letter of Acknowledgement and the Federal Reaister Notice Director's Decision (granted)

Director's Decision (denied) and the Federol Reoister Notice NRCI Transmitta' Form i

cc: See next page i

j i Distribution

" Central Files PDT55 Rdg H5mith BDalrymple DNash

, CThomas NRC PDR Extra Copy FGillespie TMurley _

f; jhf Qs ow

arc seisty , :PT ~, -

[M5B  : Pisa :FFA5 ,

N R,k  :

..  :.. ~ .:..... ......:...,..... .: .. .. .....:...........

l 1 . . . . . : .y .

f NAME .Da e :DN s :H5mith  : .

ie : '

ley  :

.....:.. ........:............:............:.......... ~ ...........:. .......:...........

, DATE :10/.77/88 :10/>1/'38 :10/ /88 :9>/M83 v/ /J/Pa  :!) / 7 /88  :

OFFICIAL REC 080 COPY Ik[

i

All NRR Errployees 1

cc: V. Stello, EDO J. Taylor. EDO S. Ebneter. OSP B. Hayss, 01

d. Lieberman, OE W. Mcdonald, ARM P. Bird, OP H. Thoir.pson, NitSS E. Beckjord, RES H. Denton, GPA S. Connelly, OIA W. Russell, R-I Malcom Ernst Acting, R-Il A. Davis, R-!!!

R. Martin, R-IV  ;

2 J. Martin, R-Y ,

f SECY OGC NRC PDR  !

M. G. Malsch J. P. Murray L. J. Chandler M. Bridgers V. Yanez j L

i I

3 1

l i

i l

I.

l 1 i

• ^ d 'dc f) li s

. . . (7 Fo vi Notice NRR Office letter No. 600 Revision 2 P

P Please retain the enclosures issued by the initial office letter k

I l

l I ,

r h

l l

1