ML20206U919
| ML20206U919 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 10/23/1997 |
| From: | NRC (Affiliation Not Assigned) |
| To: | |
| Shared Package | |
| ML20206U878 | List: |
| References | |
| 2.206, 8.11-02, 8.11-2, NUDOCS 9905260058 | |
| Download: ML20206U919 (39) | |
Text
O Review Process for 10 CFR 2.206 Petitions Directive 8.11 O
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Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Directive 8.11 Contents Policy..........................................................
1 j
Obj ec ti ves......................................................
1 Organizational Responsibilities and Delegations of Authority..........
2 1
Executive Director for Operations (EDO)................................
2 Office of the General Counsel (OGC)..................................... 2 Director, Office of the Chief Information Officer (0C10).................... 2 Office Directors.......................................................2 t
Regional Ad ministrators................................................
3 2.206 Petition Review Board Chainnan (Each program office has a board chairman, generally division director or above.)....................
4 Associate Director for Projects, Office of Nuclear Reactor Regulation (NRR)...
4 e
Applica bili ty.................................................... 4
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Ha n d book...................................................... 4 De fi ni t io ns.............................................................. 4 Refe re nces...................................................... 5 J
Approved: September 23,1994 (Revised: October 23,1997)
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Review Process for 10 CFR 2.206 Petitions Directive 8.11 Policy (8.11 - 01)
It is the policy of the U.S. Nuclear Regulatory Commission under Section 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206) to provide members of the public with the means to request action to enforce NRC requirements. The Commission may deny or grant a request for enforcement action, in whole or in part, and (n
may take action that satisfies the safety concerns raised by the requester, but that is not necessarily enforcement action. Requests that raise health and safety and other issues without requesting enforcement action will be reviewed by means other than the 10 CFR 2.206 process. It is also the policy of NRC to ensure prompt and appropriate action upon receipt of petitions under 10 CFR 2.206, and to provide for public participation in NRC's decision-making process on 10 CFR 2.206 petitions.
Objectives (8.11 - 02)
To provide the public with a means to bring to the NRC's attention potential health and safety issues requiring NRC enforcement action. (021)
To ensure the public health and safety through the prompt and e
thorough evaluation of any potential safety problem addressed by a petition filed under 10 CFR 2.206. (022)
To provide for meaningful participation by the petitioners and the e
public in the activities of NRC and the licensees related to the 10 CFR 2.206 petition process. (023)
To ensure effective communication with the petitioner on the status of the petition, including provision of relevant documents and Q
notification of NRC and licensee interactions on the petition. (024)
Approved: September 23,1994 3
(Revised: October 23,1997)
Vclume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Directive 8.11 Organizational Responsibilities and Delegations of Authority (8.11 - 03)
Executive Director for Operations (EDO)
(031)
Receives and assigns action for all petitions filed under 10 CFR 2.206.
Omce of the General Counsel (OGC)
(032)
Gives advice to the Executive Director for Operations (EDO),
e office directors, and staff on all 2.206 matters. (a)
Assigns a case attorney for each petition to participate in the petition review board and the petition process.
Director, Office of the ChiefInformation Officer (OCIO)
(033)
Provides hardware, software, and communication services support on the NRC Home Page for making information publicly available on the status of the petitions.
Office Directors (034)
Have overall responsibility for assigned petitions. (a) e Deny a petitioner's request for immediate action. (b) e Sign all director's decisions and any acknowledgment letters. (c) e Determine whether criteria for informal public hearings are e
met. (d)
Provide input to the periodic status report on all assigned petitions, e
including the total number of staff hours expended on each open petition; ensure that this information is made publicly available in the Public Document Room and on the NRC Home Page; or their designees, ensure that sensitive information, protected from disclosure, will not be included in the monthly report. (e)
Approved: September 23,1994 2
(Revised: October 23,1997)
Volume 8, Licensee Oversight Programs
' Review Process for 10 CFR 2.206 Petitions Directive 8.11
(
Office Directors (034)(continued)
Appoint a petition review board coordinator for the office. (f) e Designate a petition manager for each petition. (g) e Concur, as appropriate, with each extension request from the e
petition manager and fonvard the extension request to the OEDO for approval. (h)
Notify the Commission through the EDO once a determination is e
made that a 2.206 petition meets the criteria for an opportunity for an informal public hearing. (i)
Ensure that the Office of Investigations (OI) or the Office of the e
Inspector General (OIG)is promptly notified of any allegations of suspected wrongdoing by the licensees or NRC contained in any petitions they may receive. (j)
Obtain Office of Enforcement (OE) review on all proposed s/
director's decisions that involve compliance issues or alleged violations. (k)
Ensure in the director's decision that the evaluation of the petition
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adequately reflects information presented at the informal public hearing to the extent that such information was useful. (1) j Regional Administrators j
(035) i Refer any 2.206 petitions they may receive to the EDO. (a) e Ensure that OI or OIG is promptly notified of any allegations of e
suspected wrongdoing contained in petitions they may receive. (b)
As needed, provide support and information for the preparation of an office director's response to a 2.206 petition. (c)
Ensure the petition manager is made aware of information that is received or that is the subject of any correspondence relating to a pending petition. (d)
O Approved: September 23,1994 (Revised: October 23,1997) 3
Vclume 8, Lic nsee Oversight Programs Review Process for 10 CFR 2.206 Petitions Directive 8.11 2.2'06 Petition Review Board Chairman (Each program office has a board chairman, generally division director or above.)
(036)
Ensures appropriate review of all new petitions in a timely e
manner. (a)
Ensures appropriate documentation of petition review board e
meeting minutes. (b)
Chairs periodic meetings with the petition managers to discuss the status of open petitions and to provide guidance for more timely issue resolution. (c)
Associate Director for Projects, Office of Nuclear Reactor Regulation (NRR)
(037)
Issues periodic reports to the EDO on petition status, age, and e
resource expenditures. (a)
Appoints the agency 2.206 coordinator, NRR. (b)
Applicability (8.11 - 04)
The policy and guidance in this directive and handbook apply to all NRC employees.
Handbook (8.11 - 05)
Handbook 8.11 specifies the procedures for the review process for petitions.
Definitions (8.11 - 06)
A 10 CFR 2.206 Petition. A written request filed by any person to institute a proceeding to modify, suspend, or revoke a license, or for any other enforcement action that may be proper and that meets the criteria for review under 10 CFR 2.206 (see Part III of Handbook 8.11).
Approved: September 23,1994 4
(Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Directive 8.11 Definitions (8.11-06) (continued)
Informal Public Hearing. The informal public hearing held by the NRC to provide an opportunity to the petitioner to supply information to assist the NRC staff in the evaluation of petitions that raise new significant safety issues, as defined in Part III(C)(4)(a) of Handbook 8.11, or that provide new information or approaches for the evaluation of significant safety issues previously evaluated.
References (8.11 - 07)
Code ofFederal Regulations -
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10 CFR 2.206," Requests for Action Under this Subpart."
10 CFR 2.790, "Public Inspections, Exemptions, Requests for Withholding."
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NRC Enforcement Manual, Office of Enforcement.
--, General Statement of Policy and Procedure for NRCEnforcement Actions," NUREG-1600.
--, Investigative Procedures Manual (Office ofInvestigations), revised January 1989.
NRC Management Directive (MD) 3.5,"Public Attendance at Certain Meetings Involving the NRC Staff."
-- MD 8.8," Management of Allegations."
--- Memorandum of Understanding Between the NRC and the Department of Justice, December 12,1988.
--- Nuclear Regulatory Commission Issuances," published quarterly as NUREG-0750.
f3 e
V Approved: September 23,1994 (Revised: October 23,1997) 5
O Review Process for 10 CFR 2.206 Petitions Handbook 8.11 O
l m
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Parts I - V d
Contents
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Part I In t rod u c tio n..........................................................
1 Title 10 of the Code ofFederal Regtdations, Section 2.206 (A).................
1 NRC's Receipt of a Petition (B).......................................
1 Purpose of the Handbook (C)...........................................
2 Part II Initial S taff Actions....................................................
3 Assignment of Staff Action and 2.206 Petition Review Board (A).............
3 Office of the Executive Director for Operations (OEDO) (1).............
3 Agency 2.206 Coordinator, Office of Nuclear Reactor Regulation (NRR) (2)..........................................
3 i
Assigned Program Office (3)........................................
3 f.s
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3 V
Assigned Office Action (B).............................................
5 Office Directors (1)................................................
5 Pe tition Manage r (2)...............................................
5 OG C Case Att orney (3)...........................................
7 Reporting Requirements and Updating the Status of Petitions on the NRC Home Page (C)...............................................
8 Part III Criteria for Petition Evaluation.........................................
10 Criteria for Reviewing Petitions Under 10 CFR 2.206 (A)..................
10 Criteria for Consolidating Petitions (B)..................................
11 Criteria for Informal Public Hearings (C).................................
12 Part IV Procedures for Conducting an Informal Public Hearing................
14 Informal Public Hearing Location (A)...................................
14 Notice of Informal Public Hearing (B)...................................
15 Informal Public Hearing Chairperson (C)................................
15 Informal Public Hearing Format (D)....................................
15 Approved: September 23,1994 (Revised: October 23,1997) m
V lume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Parts I - V i
i Contents (continued)
Part V S t a ff Ac ti o n s...........................................................
17 G e n e ral (A)..........................................................
17 S ch e d ule ( 1 )......................................................
17 Petition M anager Actions (2)........................................
17 Director's De cision (B)................................................
18 Granting the Petition (C)...............................................
20 Denying the Petition (D)...............................................
20 Issuance of Director's Decision (E)......................................
21 Distrib u tio n (F).......................................................
21 Followup Actions (G)..................................................
23 Commission Actions (H)...............................................
23 Report on the Age and Resource Expenditures Associated with 2.206 Pe titio ns (I).......................................................
24 Exhibits 1
Sample Acknowledgment Letter...................................
25 2
Sample Federal Register Notice......................................
27 3
Sample Distribution List for Completed Director's Decision............
28 4
NRC Form 573, " Nuclear Regulatory Commission Issuances (NRCI)
Transmission Record".............................................
29 O
Approved: September 23,1994 iv (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs p
Review Process fer 10 CFR 2.206 Petitions h
Handbook 8.11 Part I Part I Introduction Title 10 of the Code ofFederal Regulations, Section 2.206 (A)
This section has been a part of the Commission's regulatory framework since the Commission was established in 1975. Section 2.206 permits any person to file a petition to request that the Commission institute a proceeding to take enforcement action. (1)
(m n
Section 2.206 provides a formal procedure that allows any person to file a request to institute such a proceeding and requires that the petition be s
submitted in writing and provide sufficient grounds for taking the proposed action. General opposition to nuclear power or a general assertion of a safety problem, without supporting facts, should not be treated as a formal petition under 10 CFR 2.206. These requests should be treated as routine correspondence. The petition must request that a license be modified, suspended, or revoked, or that other appropriate enforcement action be taken and must provide sufficient facts that constitute the bases for taking the particular action. (2)
NRC's Receipt of a Petition (s)
After NRC receives a petition, it is assigned to the director of the appropriate program office for evaluation and response. The filing of a petition does not automatically initiate a hearing. The official response is a written decision of the office director that addresses the issues raised in the petition. The director's decision can grant, partially grant, or deny the petition. The Commission may, on its own initiative, review l
the director's decision to determine if the director has abused his or her discretion, but no petition or other request for Commission review of the director's decision will be entertained by the Commission.
,OT U
Approved: September 23,1994 (Revised: October 23,1997) 1
Volume 8, Licensee Oversight Programs
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Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part I Farpose of the Handbook (C) l This handbook details the procedures for increasing meaningful participation of the petitioner in the 2.206 process, improving communication between NRC and the petitioner, providing petitioners copies af correspondence related to the petition, and providing petiti scrs an opportunity to participate in NRC-licensee meetings. (1)
The NRC Home Page provides information on the up-to-date status of pending 2.206 petitions, director's decisions issued, and notices of informal public hearings. The NRC Home Page is accessible via the World Wide Web (home page), www.nrc. gov. (2)
A provision will be made for offering the petitioners opportunity for informal public hearings on petitions that meet the criteria specified in Part III of this handbook. (3)
O O
Approved: September 23,1994 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs A
Review Process for 10 CFR 2.206 Petitions l
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Handbook 8.11 Part II Part II Initial Staff Actions Assignment of Staff Action and 2.206 Petition Review Board (A)
Office of the Executive Director for Operations (OEDO) (1)
The OEDO assigns the petition to the appropriate program office for action. The original incoming is sent to the program office and a copy of the petition is sent to the Office of the General Counsel (OGC).
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Agency 2.206 Coordinator, Office of Nuclear Reactor Regulation V'
(NRR) (2)
The agency 2.206 coordinator, NRR (appointed by the Associate Director for Projects), receives copies of all 2.206 petitions from OEDO and is responsible for drafting the 2.206 periodic status report and report on age and resource expenditures associated with 2.206 petitions.
Asrigned Program Office (3)
The office director of the assigned program office will designate a petition manager for each petition. The petition manager is responsible for drafting the acknowledgment lettet and FederalRegister notice (see Exhibits 1 and 2). The petition manager should ensure that the petition is placed in the public document room once it is determined that the petition does not contain allegations or sensitive information. The petition review board coordinator for the 2.206 petition will arrange a meeting to be held within 2 weeks of receipt of the petition. Each program office is responsible for conducting a review board meeting for each petition assigned to its office. The petition review board will consist of-(a)
Review board chairman (division director or above) (i) e k
Petition manager (ii) e Approved: September 23,1994 (Revised: October 23,1997) 3 l
Vclume 8, Licensee Oversight Progrcms Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part II Assignment of Staff Action and 2.206 Petition Review Board (A)(continued)
Assigned Program Office (3)(continued)
OGC case attorney (iii) e Cognizant technical review branch chief, as necessary (iv) e Office of Enforcement (OE) or Office of Investigations (OI) e representative, as needed (v)
The purpose of the petition review board meeting is to-(b)
Determine whether the petitioner's request meets the criteria defined in 10 CFR 2.206 (see Part III(A) of this handbook) (i)
Determine whether the petition meets the criteria for an informal e
public hearing (see Part III(C) of this handbook) (ii) e Ensure that any request for immediate action is promptly addressed (iii)
Address the possibility of issuing partial director's decisions (iv)
Address the need for an independent technical review of the issue, e
separate from the initial review done on the issue that is the subject of the petition (v)
Draft a schedule for responding to the petitioner so that a commitment is made by management, OGC, and the technical review staff to respond to the petition in a timely manner (see Part V(A) of this handbook) (vi)
The appointed petition review board coordinator for each office-(c)
Coordinates 2.206 petition review board meetings for the assigned e
program office (i) l Documents the minutes of the 2.206 petition review board meetings (ii)
O Approved: September 23,1994 4
(Revised: October 23,1997)
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Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions D)
IIandbook 8.11 Part II
\\v Assigned OfHee Action (B)
Office Directors (1)
The assigned office director will sign and issue the final version of the acknowledgment letter and the Federal Register notice for any case in which the staffis denying the petitioner's request for immediate action.
Signature authority for other acknowledgment letters may be delegated. This action should be completed by the date specified by OEDO for the action. The action will remain active until the final director's decision is made. (a)
The office director, or designee, will ensure that the appropriate licensee is sent a copy of the acknowledgment letter and a copy of the incoming request at the same time as the petitioner. If appropriate, the licensee will be requested to provide a response to the NRC on the issues specified in the petition, usually within 60 days. When an unannounced technical inspection or an OI investigation is involved, p) the office director will ensure that the staff does not release
(
information that would (i) indicate to the licensee or the public that an unannounced technical inspection or an OI investigation will be undertaken or (ii) undermine the inspection or the investigation. The decision to release information to the licensee in this case shall be made by the director of the assigned office. All acknowledgment letters that deny a petitioner's request for immediate action are to be signed by the office director. (b)
The director will give special attention to those petitions that would be evaluated by the same staff who previously addressed the matter that is again at issue. In the director's decision, the office director will ensure that the evaluation addresses and is responsive to the concerns and issues expressed in the petition. (c)
Petition Manager (2)
The petition manager-(a)
Briefs the petition review board, drafts the acknowledgment letter e
and FederalRegister notice, serves as the NRC point of contact with the petitioner, works closely with the OGC case attorney, provides input to the periodic 2.206 status report to the EDO, and monitors
(]/
/
the progress of any OI investigation and related enforcement actions (i)
Approved: September 23,1994 (Revised: October 23,1997) 5
Vclume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part II Assigned Office Action (s)(continued)
Petition Manager (2)(continued)
Prepares the initial draft of the decision on the petition for the office director's consideration, including coordination with the appropriate staff supporting the review (ii)
Ensures appropriate documentation of all 10 CFR 2.206 petition e
determinations, including the determination on whether an informal public hearing is offered (iii)
The petition manager is responsible for drafting the acknowledgment letter and Federal Register notice and getting appropriate office concurrences. The petition manager should work closely with the OGC case attorney to get the acknowledgment letter and Federal Register notice issued. (b)
The petition manager should ensure that the petitioner receives copies of all NRCcorrespondence with the licensee pertaining to the petition by placing the petitioner on distribution for all relevant NRC correspondence to the licensee. Additionally, the licensee should be encouraged to place the petitioner on distribution for any responses to the NRC pertaining to the petition. If the licensee is asked to respond, the peth on manager should advise the licensee that the NRC intends to place the licensee's response in the Public Document Room (PDR) and provide the response to the petitioner. If the licensee is asked to respond to the petition, the petition manager should inform the petitioner in the acknowledgment letter and indicate that a copy of the
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licensee's response will be fonvarded to the petitioner when it is received. (c)
Unless necessary for NRC's proper evaluation of the petition, the licensee must avoid using proprietary or personal privacy information that requires protection from public disclosure. If such information is necessary to properly respond to the petition, the petition managerwill ensure the information is protected in accordance with 10 CFR 2.790. (d)
The petition manager also should ensure that the petitioner is placed on distribution for other NRC correspondence relating to the issues raised in the petition, including relevant generic letters or bulletins that are issued during the pendency of the NRC's consideration of the petition. This recommendation does not apply to NRC correspondence or documentation related to an OI investigation, which will not be Approved: September 23,1994 6
(Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions
,O Handbook 8.11 Part II Assigned Office Action (B)(continued)
Petition Manager (2)(continued) released outside NRC channels without the approval of the Director, OI. (e)
Caution: Before issuing the acknowledgment letter, the petition i
manager should inform the petitioner that the 2.206 petition process is
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a public process in which the petition and all the information in it will
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be made public. If the petitioner requests anonymity and that the j
petition not be made public, the petitioner should be advised that,
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because of its public nature, the 2.206 process cannot provide l
protection of the petitioner's identity.The petitioner should be advised that the matter will be handled as an allegation, and that the petitioner should withdraw the petition in writing. (f)
If the petition contains a request forimmediate enforcement action by the NRC, such as a request for immediate suspension of facility O
operation until final action is taken on the request, the V
acknowledgment letter must respond to the immediate action requested. If the immediate action is denied, the staff must explain the basis for the denial in the acknowledgment letter. The petitioner will not be advised of any wrongdoing investigation being conducted by OI. (g)
If the petition can be responded to quickly (within 2 months), then a brief acknowledgment letter should be used.
The brief acknowledgment letter should simply inform the petitioner that the staff received the petition. (h)
OGC Case Attorney (3)
The OGC case attorney participates in the review board meeting for the 2.206 the petition and performs the following during the petition process:
Advises on whether the petitioner's request meets the legal threshold for consideration under 10 CFR 2.206 (a)
Advises on whether criteria for informal public hearings are met (b) e Reviews and indicates whether there is a legal objection to the e
/ '
issuance of 2.206 acknowledgment letters and director's
(
decisions (c) l Approved: September 23,1994 i
(Revised: October 23,1997) 7
Vclums 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part II Assigned Office Action (B)(continued)
OGC Case Attorney (3)(continued)
Coordinates with the program office in drafting portions of director's decisions addressing legal issues raised by the petition (d)
Reviews all correspondence written in connection with the petition e
and indicates whether there is a legal objection (e)
Reporting Requirements and Updating the Status of Petitions on the NRC Home Page (C)
On a periodic basis, the agency 2.206 coordinator, Office of Nuclear Reactor Regulation (NRR), will contact all petition managers reminding them to prepare a status report on 2.206 petitions in their office. This report will be made available in the PDR and placed on the NRC Home Page. The status report for each open petition should be, with the exception of sensitive information as described below, electronically mailed to PETITION. The agency 2.206 coordinator, NRR, will combine all the status reports in a periodic report to the Executive Director for Operations (EDO), and will provide a copy of the report to the Web operator for placement on the NRC Home Page.(1)
If the information on the status of the petition is sensitive information that may need to be protected from disclosure (e.g., safeguards or facility security information, proprietary or confidential commercial information, information relating to an ongoing investigation of wrongdoing or enforcement actions under development, or information about referral of matters to the Department of Justice), also the petition manager and agency 2.206 coordinator, NRR, should ensure that this information is protected from disclosure and included in Attachment 3 only of the status report to the EDO. Sensitive information should be handled in accordance with Management Directive 12.6, "NRC Sensitive Unclassified Information Security Program." (2)
The assigned office director, or designee, will provide information when requested on the status and total number of staff hours expended on each open petition to the agency 2.206 coordinator, NRR. The information will be provided upon receipt of the petition and updated, when requested. The petition manager is responsible for electronically Approved: September 23,1994 8
(Revised: October 23,1997)
Volume 8, Licenste Oversight Programs Review Process for 10 CFR 2.206 Petitions O
Handbook 8.11 Part II V
Reporting Requirements and Updating the Status of Petitions on the NRC Home Page (C)(continued) mailing changes in petition status to e-mail address PETITION. The updates willlist all correspondence on the petition and provide a brief statement on the status of the petition. The agency 2.206 coordinator, NRR, serves as the agency focal point for 2.206 petitions and drafts periodic reports regarding the status of each petition for the signature of the Associate Director for Projects, NRR. The agency coordinator
{
also drafts periodic reports regarding the age and number of hours spent on open petitions for the signature of the Associate Director for Projects, NRR. The Associate Director for Projects, NRR, will combine all reports and prepare a periodic status report of all open petitions to the EDO. The Associate Director for Projects, NRR, also will provide a periodic report to the EDO on the timeliness and staff resources associated with open 2.206 petitions. (3)
O The EDO status report on all open petitions will be placed on the NRC
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Home Page. A summary of all petitions closed for each calendar year also will be placed on the NRC Home Page. (4)
The final version of the director's decision will be placed on the NRC Home Page. The petition manager will electronically mail a copy of the signed, dated, and numbered director's decision to NRCWEB for placement on the NRC Home Page. (5)
C\\
V Approved: September 23,1994 (Revised: October 23,1997) 9
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions IIandbook 8.11 Part III Part III Criteria for Petition Evaluation The following criteria will be used for determining whether a petition should be considered under 10 CFR 2.206,if similar petitions should be consolidated, and if informal public hearings should be offered.
Criteria for Reviewing Petitions Under 10 CFR 2.206 (A)
A petition will be reviewed under the requirements of 10 CFR 2.206 if the request meets all of the following criteria: (1)
The request is for enforcement action: a request that NRC impose e
requirements by order; or issue an order modifying, suspending, or revoking a license; or issue a notice of violation, with or without a proposed civil penalty. (a)
The enforcement action requested and the facts that constitute the e
bases for taking the particular action must be specified. The request is not simply a general statement of opposition to nuclear power or a general assertion without supporting facts (e.g., the quality assurance at the facility is inadequate). The petitioner must provide some element of support beyond the bare allegation. The facts stated in support must be credible and sufficient to warrant further inquiry. (b) l There is no evidence that the request is being used to avoid or e
circumvent an available proceeding in which the petitioner is or could be a party. (c)
If a petition does not specifically cite 10 CFR 2.206, the petition manager may attempt to contact the petitioner to determine if the individual wants the request processed pursuant to 10 CFR 2.206. (2)
A petition will not be reviewed under the requirements of 10 CFR 2.206, whether specifically cited or not, in the following circumstances: (3)
Approved: September 23,1994 10 (Revised: October 23,1997)
I
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions A
Handbook 8.11 Part HI V
Criteria for Reviewing Petitions Under 10 CFR 2.206 (A)(continued)
The incoming correspondence does not ask for an enforcement i
action against a licensee or fails to provide sufficient supporting
{
facts to constitute a 2.206 petition but simply alleges wrongdoing, violations of NRC regulations, or existence of safety concerns. (a)
- These assertions will be treated as allegations and referred for
}
appropriate action in accordance with Management Directive (MD) 8.8," Management of Allegations." (i)
- Caution:If a petitioner's request does not meet the criteria for consideration under 10 CFR 2.206, the petition manager will write to the petitioner explaining why the request is not being reviewed under 10 CFR 2.206. (ii)
A request to reconsider or reopen a previous enforcement action e
will not be treated as a 2.206 petition if it does not present i
significant new information that indicates that the previous k
enforcement action was in error as provided in the enforcement g policy (NUREG-1600). (b)
A request under 10 CFR 2.206 should be distinguished from a e
request to deny a pending license application or amendment. The latter type of request should initially be addressed within the relevant licensing action, not under 10 CFR 2.206. (c)
Criteria for Consolidating Petitions (s)
All requests submitted by different individuals will be treated and evaluated separately. When two or more petitions request the same action, specify the same bases, provide adequate supporting information, and are submitted at about the same time, the staff will consider the benefits of consolidating the petitions against the potential of diluting the importance of any petition. If the staff believes that consolidation is appropriate, the assigned office director will determine whether to consolidate the petitions.
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Approved: September 23,1994 (Revised: October 23,1997) 11
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V:lume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part III Criteria for Informal Public Hearings (C)
For petitions meeting the criteria specified in this section, the NRCwill offer the petitioner an opportunity for an informal public hearing. An informal public hearing, which is a resource for the NRC in evaluating the petition, also will afford the petitioner, the licensee, and the public an opportunity for enhanced involvement in the Commission's decision-making process. (1)
The offer of an informal public hearing will be based on a determination that the criteria are met. The staff will offer the petitioner an opportunity for an informal public hearing and, if accepted, issue a Fedeml Register notice notifying the public of the hearing. Petitions not initially offered for informal public hearings may, after further review, be deemed candidates for informal public hearings. An NRC determination to offer an opportunity for a public hearing will be expeditiously communicated to the petitioner. (2)
The informal public hearing is not automatic and will not be offered simply at the petitioner's request. If the NRC offers the petitioner the opportunity for an informal public hearing, the petitioner then has the option to accept or reject the offer. If the petitioner rejects the offer, an informal public hearing will not be conducted and the review of the petition will continue. If the petitioner accepts the offer for an informal public hearing, the licensee will be requested to fully participate in the hearing. (3)
Using the following criteria, the staff will determine if an opportunity for an informal public hearing is to be offered to the petitioner. Either one of the first two elements, (a) or (b) listed below, must be met; the last element, (c), must always be met. (4)
The petition provides new information with reasonable supporting e
facts that raises the potential for a significant safety issue. For nuclear reactors, a significant safety issue is an issue that, if validated, could lead to an occupational exposure dose equivalent exceeding 10 rem, could cause significant core damage, or could otherwise result in a significant reduction of protection of public health and safety. For nuclear materials licensees, a significant safety issue is an issue that, if validated, could result in an occupational exposure dose equivalent exceeding 10 rem, or could othenvise result in a significant reduction of protection of public health and safety. The information is considered "new"if one the following applies: (a)
Approved: September 23,1994 p-(Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions
(]
Handbook 8.11 Part III U
Criteria for Informal Public Hearings (C)(continued)
- The petition presents a significant safety issue not previously l
evaluated by the staff. (i)
- The petition presents new information on a significant safety issue previously evaluated. (ii)
- The petition presents a new approach for evaluating a significant safety issue previously evaluated and, on preliminary assessment, the new approach appears to have merit and to warrant reevaluation of a significant safety issue previously evaluated. (iii)
The petition alleges violations of NRC requirements involving a e
significant safety issue for which new information or a new approach has been provided and presents reasonable supporting facts that tend to establish that the violation occurred. These violations usually would include nearly all Severity Level I, most U
Severity Level II, and possibly some Severity Level III violations under the Commission's enforcement policy. (b)
Informal public hearings will not be held if to do so will compromise
" sensitive" information that may need to be protected from disclosure, such as safeguards or facility security information, proprietary or confidential commercial information, or information relating to an ongoing investigation of wrongdoing.
The petition manager should ensure that an informal public hearing will not compromise the protection of this information j
before offering the petitioner the opportunity for an informal i
public hearing. (c) j l
/o V)
I l
Approved: September 23,1994 (Revised: October 23,1997) 13 1
Volume 8, Licensee Overaight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part IV Part IV Procedures for Conducting an Informal Public Hearing After the staff determines that a petition meets the criteria for an informal public hearing, set forth in Part III (C) of this handbook, and the petitioner accepts the offer of an informal public hearing, the petition manager will contact the petitioner to schedule a mutually agreeable date for the hearing. The petition manager also will request the licensee to fully participate in the informal public hearing to present its position and will coordinate the schedules and dates with the licensee.
Informal Public Hearing Location (A)
As much as practicable, the informal public hearing location should be selected on the basis of the appropriate geographical area covered by the petition. For example, if a single facility is the focal point of the petition, the informal public hearing should be held in the vicinity of the facility; if more than one facility is covered but the focal point of the petition concerns facilities within a single region, the informal public hearing should be held in that region; if the focal point of a petition raises generic issues covering facilities nationwide, the informal public hearing should be held in the Washington, D.C., area. (1)
To the extent practicable, informal public hearings held outside the l
Washington, D.C., area should be scheduled for evening hours to facilitate public attendance. As a general rule, the hearing should not exceed 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />. (2)
O Approved: September 23,1994 14 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions tO Handbook 8.11 Part IV Notice ofInformal Public Hearing (B)
The NRC will publish a notice of the informal public hearing in the Federal Register 30 days in advance of the hearing. The notice also will be placed on the NRC Home Page for access by interested members of the public. The NRC petition manager should electronically mail a copy of the Federal Register notice to NRCWEB for placement on the NRC Home Page. (1)
The petition manager also will ensure that the scheduled informal public hearing is included in the Public Meeting Notice System, as provided in Management Directive (MD) 3.5,"Public Attendance at Certain Meetings Involving the NRC Staff," and will notify the Office of Public Affairs. (2)
All informal public hearings will be transcribed, and the transcript will be publicly available. (3) g Informal Public Hearing V
Chairperson (C)
The informal public hearing will be chaired by the NRC office director responsible for addressing the petition, or by his or her designee. (1)
The informal hearing will be a public meeting, the purpose of which is to obtain additional information from the petitioner, the licensce, and the public for NRC staff use in evaluating the petition. It is not a forum for the staff to offer any preliminary decisions on the evaluation of the petition. The chairperson will have the final authority to determine the conduct of the hearing. (2)
Informal Public Hearing Format (o)
The NRC staff representative who chairs the informal public hearing will provide a brief summary of the 2.206 process, the purpose of the informal public hearing, and the petition. Following the opening statement-(1)
The petitioner will be allowed a reasonable amount of time (approximately 30 minutes) to articulate the basis for the petition. (a)
The NRC staff will have an opportunity to ask the petitioner e
Q questions for purposes of clarification. (b)
Approved: September 23,1994 (Revised: October 23,1997) 15
)
Vclume 8, Licensee Oy:rsight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part IV Informal Public Hearing Format (o)(continued)
The licensee will then be allowed a reasonable amount of time (approximately 30 minutes) to address the issues raised in the petition. (c)
The NRC staff will then have an opportunity to ask the licensee questions for purposes of clarification. (d)
If necessary, time will be provided to allow a general discussion by the NRC staff, the petitioner, and the licensee on the issues raised in the presentation. (2)
An opportunity for public comment will be provided before the conclusion of the hearing. (3)
O O
Approved: September 23,1994 16 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs
/s Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part V Part V StaffActions General (A)
{
Schedule (1)
A review board meeting of the 2.206 petition should be held by the assigned program office within 2 weeks of receipt of the petition. The review board will help determine the appropriate schedule as well as how best to respond to the petitioner's concerns. (a)
Q The goal is to issue the director's decision or partial director's decision i,
/
within 120 days from the date ofissuance of the acknowledgment letter.
This date is tracked by the Office of the Executive Director for Operations (OEDO), and any change of the date requires approval by the OEDO. When more time is needed (e.g., when an investigation by the Office of Investigations (OI) is required or an informal public hearing is indicated), the assigned office director should determine the need for an extension of the schedule and request the extension from the OEDO. (b)
If the director's decision cannot be issued in 120 days, then the office director or a designee will promptly contact the petitioner explaining the reason (s) for the delay and will maintain a record of such contact.
The reasons for the delay will not address matters of wrongdoing unless approved by the Director, OI. If there is suspected wrongdoing on the part of licensees, their contractors, or their vendors, OI should be notified immediately. If there is suspected wrongdoing involving an NRC employee, NRC contractors, or NRC vendors, the Office of the Inspector General (OIG) should be notified immediately. (c)
Petition Manager Actions (2)
The petition manager is responsible for drafting the acknowledgment letter and Federal Register notice, for coordinating all information p
required from the professional staff within his or her organization and (j
other organizations and from OI and/or OIG if a wrongdoing issue is Approved: September 23,1994 (Revised: October 23,1997) 17
V:lume 8, Licensee Oversight Progrcms Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part V General (A)(continued)
Petition Manager Actions (2)(continued) under consideration, and for working closely with the Office of the General Counsel (OGC). (a)
In addition, the petition manager is responsible for ensuring that the petitioner is notified at least every 60 days of the status of the petition, or more frequently if significant actions occur. The status report to the petitioner will not indicate-(b)
An ongoing OI investigation, unless approved by the Director, OI(i)
The referral of the matter to the Department of Justice (ii) e The specific enforcement action taken (iii)
Director's Decision (s)
The staff may prepare a partial director's decision when some of the issues associated with the 10 CFR 2.206 petition are resolved in advance of other issues and if significant schedule delays are anticipated before resolution of the entire petition. If a wrongdoing investigation is being conducted in relation to the petition, the staff will consider the results of the OIinvestigation, if available, in completing its action on the petition. (1)
Management Directive (MD) 8.8, " Management of Allegations,"
provides agency policy with regard to notifying OI of wrongdoing matters, as well as initiating, prioritizing, and terminating investigations. The petition manager should become familiar with the current version of MD 8.8 and follow the policy outlined therein when dealing with issues requiring OI investigations. (2)
All information related to an OI wrongdoing investigation, or even the fact that an investigation is being conducted, will receive limited distribution within NRC and will not be released outside NRC without the approval of the Director, OI. Within NRC, access to this I
f information should be limited to those having a "need-to-know."
Regarding a 2.206 petition, the relevant program office director will maintain copies of any documents required, but no copies of documents related to an OI investigation will be placed in the docket j
file, the Nuclear Management Document System (NUDOCS), the l
Approved: September 23,1994 18 (Revised: October 23,1997)
I
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part V Director's Decisioll (B)(continued)
Public Document Room (PDR), or the Local Public Document Room (LPDR) without the approval of the Director, OI. (3)
The petition manager will brief the petition review board on the petitioner's request (s), any background information, the need for an independent technical review, and a proposed plan for resolution (including target completion dates). The petition manager should work closely with the OGC case attorney on the proposed plan for resolution. OGC or the assigned program office petition review board coordinator will provide, upon request, several issued director's decisions as models for the appropriate level of detail and format. If appropriate, before completing an entire decision on all issues, the petition manager will submit a partial decision on one or several issues for review by office management and OGC. If a different approach, format, or level of detail is appropriate, these issues can be resolved at this early stage rather than after the entire decision is prepared. (4)
('
When these initial concerns have been satisfactorily addressed, the petition manager will submit a completed decision to his or her management for review. After management's review, the petition manager willincorporate any proposed revisions in the decision. If the decision is based on or references a completed OI investigation, OI must concur with the accuracy and characterization of the OI findings and conclusions that are used in the decision before OGC reviews it.
The petition manager will submit a complete decision to the OGC case attorney for legal review. (5)
The petition manager will incorporate revisions to address OGC's comments and submit the revised decision to his or her management and the OGC case attorney for final review. OGC's finding of"no legal objection" is required before the decision is signed by the assigned office director. (6)
Any differences between the assigned office and OGC regarding the scope, format, level of detail, or other issues must be identified and resolved early in the process of preparing a decision. If the petition manager and the OGC case attorney cannot resolve a matter, it should be presented to the management of the assigned office and OGC for resolution. (7) m Approved: September 23,1994 (Revised: October 23,1997) 19
Volume 8, Lic:nsee Oy:rsight Progrcms Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part V Director's Decision (B)(continued)
No changes will be made to the package after the office director has approved and/or signed all documents in the package. (8)
The petition manager will obtain the Office of Enforcement (OE) management's review of the draft director's decision for potential enforcement implications when allegation or compliance issues are involved. (9)
Granting the Petition (C)
Upon granting the petition, in whole or in part, the petition manager should prepare a " Director's Decision Under 10 CFR 2.206" for the office director's signature. The decision should explain the bases upon which the petition has been granted and identify the actions that the staff has taken or will take to grant all or that portion of the petition.
The Commission may not only grant a request for enforcement action, in whole or in part, but also may take action to satisfy the safety concerns raised by the petition, although such action is not necessarily enforcement action. A petition will be characterized as being granted in part when NRC did not grant the action as asked but took other action to address the underlying safety problem. If the petition is granted in full, a director's decision will be issued to explain the bases j
for granting the petition and will state that the Commission's action resulting from the director's decision is outlined in the Commission's order or other appropriate communication. (1)
If the request is granted by issuing an order, the petition manager will prepare a letter to transmit the order to the licensee. The petition manager will prepare another letter to explain to the petitioner that the petition has been granted and will enclose a copy of the order. Copies of the Director's Decision and Federal Register notice to be sent to the licensee and individuals on the service list will be dispatched simultaneously with the petitioner's copy. (2)
Denying the Petition (D)
Upon denial of the petition, in whole or in part, the petition manager should prepare a " Director's Decision Under 10 CFR 2.206" for the office director's signature. The decision should explain the basis for the denial and discuss all matters raised by the petitioner in support of the request. The office director will send a letter to the petitioner transmitting the director's decision, along with a Federal Register notice explaining that the request has been denied. (1)
Approved: September 23,1994 20 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions A
Handbook 8.11 Part V
~
Denying the Petition (D)(continued)
Caution: If an OI investigation is completed either before granting or denying the petition, the petition manager should contact OI and OE to coordinate NRC's actions when the wrongdoing matter has been referred to the DOJ. It may be necessary to withhold action on the petition in keeping with the memorandum of understanding with DOJ. (2)
Issuance of Director's Decision (E)
A decision under 10 CFR 2.206 consists of a letter to the petitioner, the director's decision, and the Federal Register notice. The petition manager or administrative staff will contact the OGC enforcement attorney's office (415-1681) to obtain a director's decision number (i.e.,
DD-YEAR-00). A director's decision number is assigned to each i
director's decision in numerical sequence. This number is typed on the letter to the petitioner, the director's decision, and the FederalRegister notice. (1)
/^\\
The Federal Register notice will be signed by the assigned office director.
Q After the FederalRegister notice is signed, it should be forwarded to the Rules and Directives
- Branch, Office of Administration (ADM/DAS/RDB), for transmittal to the Office of the Federal Register for publication. (2)
Distribution (F)
The administrative staff of the assigned office will review the 10 CFR 2.206 package before it is dispatched and will properly distribute copies. The administrative staff also will perform the following actions on the day the director's decision is issued: (1)
Telephone the Rulemakings and Adjudications Staff, Office of the e
Secretary of the Commission (SECY), to advise the staff that the director's decision has been issued. (a)
Immediately hand-carry the listed material to the following offices: (b)
- Rulemakings and Adjudications Staff, SECY (i)
~
Five copies of the director's decision (a) e Two courtesy copies of the entire decision package including e
the distribution and service lists. Ensure that documents
(]
referenced in the decision are publicly available in the NRC Q
Public Document Room (b)
Approved: September 23,1994 (Revised: October 23,1997) 21
Vclumn 8, License 2 Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part V Distribution (F)(continued)
. Two copies of the incoming petition and any supplement (s) (c)
Petitioner (ii)
Signed original letter (a)
Signed director's decision (b) e A copy of the Federal Register notice (c)
Chief, Rules and Directives Branch (T-6D55) (iii)
Original signed Federal Register notice (a) e A copy of the reformatted director's decision (Questions e
regarding format should be directed to RDB on 415-7162.) (b) 5 paper copies of the notice (c)
These requirements must be fulfilled promptly because the Commission has 25 calendar days from the date of issuance to determine whether or not the director's decision should be reviewed. (2)
Although 2.206 actions are controlled as green tickets, use the following guidelines when distributing copies internally and externally (see Exhibit 3 for sample distribution list): (3)
The original 2.206 petition and any enclosure (s) will accompany the e
Docket or Central File copy of the first response (acknowledgment letter). Copies are issued to the appropriate licensees and individuals on their docket service lists. (a)
When action on a 2.206 petition is completed, the petition manager e
should ensure that all publicly releasable documentation is placed in the PDR, LPDR, and NUDOCS. (b)
The distribution list should include appropriate individuals and offices as determined by the assigned office. (c) 1 O
Approved: September 23,1994 22 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions b('
Handbook 8.11 Part V Followup Actions (o)
The following actions should be completed within 2 working days of issuance of the director's decision:
Provide one paper copy of the director's decision to the Deputy Assistant General Counsel for Enforcement, OGC. (1)
The final version of the director's decision is copied onto a diskette e
in Wordperfect. This diskette and two paper copies of the signed director's decision are sent to the NRC Issuances (NRCI) Project Officer, Electronic Publishing Section, Publications Branch, Office of the Chief Information Officer, Mail Stop T-6 E7, along with an NRC Form 573, " Nuclear Regulatory Commission Issuances (NRCI) Transmission Record" (see Exhibit 4). NRC Form 573 can be obtained from the NRC supply room. Other documents referenced in the decision need not be sent to the NRCI Project Officer, but advise the NRCI Project Officer that these documents are publicly available in the NRC PDR. (2)
()
When writing opinions, footnotes, or partial information (such as e
errata) on the diskette, be sure to identify the opinion, the director's decision number, and the month ofissuance at the beginning of the diskette. Clearly identified information on the diskettes will help to avoid administrative delays and improve the technical production schedule for proofreading,
- editing, and composing the documents. (3)
Forward an electronic copy of the director's decision to the NRC Home Page by electronically mailing a signed, dated, and numbered copy of the director's decision only to NRCWEB. (4)
Commission Actions (H)
SECY willinform the Commission of the availability of the director's decision. The Commission, at its discretion, may review the director's decision within 25 days of the date of the decision and may direct the staff to take some other action than that in the director's decision. If the i
Commission does not act on the director's decision within 25 days, the director's decision becomes the final agency action and a SECY letter is sent to the petitioner informing the petitioner that the Commission has taken no further action on the petition.
s
[%
Approved: September 23,1994 (Revised: October 23,1997) 23
Vclume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Part V Report on the Age and Resource Expenditures Associated with 2.206 Petitions (1)
As a result of commitments made in a memorandum from the Executive Director for Operations to the Chairman, " Tracing of Agency 2.206 Petitions," dated September 6,1996, the Office Director, NRR, or designee, will report, on a periodic basis, the number of petitions opened and closed during the period as well as the age and total number of staff hours expended on each open petition. The following steps will be taken to ensure accurate reporting:
At the end of the period, the agency 2.206 coordinator, NRR, will e-mail each NRC office director, or designee, assigned a petition, and OGC requesting the total number of staff hours spent on each open 2.206 petition. (1)
The office director, or designee, and OGC will e-mail the total e
number of hours spent on each petition to the agency 2.206 coordinator, NRR. Hours will be reported for each petition. (2)
The agency 2.206 coordinator, NRR, will combine the various e
responses into one memorandum from the Associate Director for Projects, NRR, to the EDO. (3)
The report on the age and resource expenditures associated with e
2.206 petitions should be sent to the EDO at the same time as the 2.206 status report. (4) l I
O Approved: September 23,1994 24 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions y)
Handbook 8.11 Exhibits Exhibit 1 Sample Acknowledgment Letter
[ Petitioner's Name]
[ Petitioner's Address]
Dear M:
I have received your petition dated [ insert date], addressed to the [ insert addressee]. The petition requests [ state petitioner's requests]. As the basis for your request, the petition states that [ insert basis for request).
[If necessary, add] Your request to [ insert request for immediate action] at [ insert facility name] is [ granted or denied] because [ staff to provide explanation].
Your petition has been referred to me pursuant to 10 CFR 2.206 of the Commission's regulations. As provided by Section 2.206, action will be taken on your request within a reasonable time. If necessary, add: I have referred to the NRC Office of the Inspector k
General (OIG) those allegations of NRC wrongdoing contained in your petition. I have i
enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information a pamphlet on the public petition process. [available from OPA]
Sincerely,
[ Office Dinctor]
Enclosures:
Federal Register Notice Pamphlet re: Petition Process cc: [ Licensee (w/ copy ofincoming 2.206 mquest) & Service List]
OV Approved: September 23,1994 (Revised: October 23,1997) 25
Vclume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Exhibits Exhibit 1 (continued)
Sample Distribution For Acknowledgment Letter Distribution:
Docket File (50-XXX,72-XXX) or Central File (w/ original incoming letter)
PUBLIC (w/ incoming letter)
EDO#
EDO Reading i
Project Directorate, Branch, or Section Reading File Office Director Deputy Office Director Associate Director for Projects [NRR only]
Division Director Deputy Division Director Project Director, Branch Chief, or Section Chief Licensing Assistant Petition Manager (for NRR: if Petition Manager is different than Project Manager also put Project Manager on distribution]
w/ incoming) (0-12G18) [NRR only)
Division Director Secretary Deputy Assistant General Counsel for Enforcement, OGC Region, DRP* [ reactors) or DNMS [ materials]
Include names of people that received a copy of the incoming shown on Green Ticket indicated under ROUTING (to the right) and Assigned Office ROUTING (to the left) and everyone that concurred in the letter.
' Appropriate contact at the region; if one is not known use Director for Reactor Projects.
O Approved: September 23,1994 I
26 (Revised: October 23,1997)
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions f
Handbook 8.11 Exhibits k
Exhibit 2 4
Sample FederalRegister Notice U.S. NUCLEAR REGULATORY COMMISSION Docket No(s).
License No(s).
1
[Name of Licensee]
RECEIPT OF PETITION FOR DIRECTOR'S DECISION UNDER 10 CFR 2.206 Notice is hereby given that by petition dated [ insert date],[ insert petitioner's name]
(petitioner) has requested that the U.S. Nuclear Regulatory Commission (NRC) take action with regard to [ insert facility or licensee name). Petitioner requests [ state petitioner's requests].
As the basis for this request, petitioner states that [ state petitioner's basis for request),
i The request is being treated pursuant to 10 CFR 2.206 of the Commission's regulations. The request has been referred to the Director of the Office of [ insert action office). As provided by Section 2.206, appropriate action will be taken on this petition within a reasonable time. [If necessary, add] By letter dated
, the Director (granted or denied) petitioner's request for [ insert request for immediate action] at [ insert facility / licensee name). A copy of the petition is available for inspection at the Commission's Public Document Room at 2120 L Street, N.W., Washington, D.C. 20555.
FOR THE NUCLEAR REGULATORY COMMISSION
[ Office Director]
Dated at Rockville, Maryland i
This day of
,1997.
Approved: September 23,1994 (Revised: October 23,1997) 27
Vclume 8, Lic:nsee Ovarsight Programs Review Process for 10 CFR 2.206 Petitions Handbook 8.11 Exhibits Exhibit 3 Sample Distribution List For Completed Director's Decision Distribution:
Docket File (50-XXX,72-XXX) or Central File l
PUBLIC EDO#
EDO Reading (if signed by EDO)
Project Directorate, Branch, or Section Reading File EDO Office Director / Deputy Office Director Associate Director for Projects
[NRR only]
Director, OI [as appropriate]
Individuals listed on Green Ticket and SECY Control Ticket Division Director Deputy Division Director Project Director, Branch Chief, or Section Chief Licensing Assistant Petition Manager OPA OCA NRR Mail Room (EDO#
) (0-12G18) [NRR only)
Division Director Secretary Deputy Assistant General Counsel for Enforcement, OGC* [1 copy of decision]
ASLBP *
- Director, OCAA ACRS *
NRCI Project Officer, PUB * [2 paper copies of decision only]
l Rulemaking and Adjudications staff, SECY * [5 paper copies of decision l
only/2 courtesy copies of enthe decision package]
E-mail to NRCWEB the decision only after filling in date, decision #,
and " ORIGINAL SIGNED BY" cc:
Licensee & Service List To be handcarried by administrative staff on day of issuance.
Copies must be made from the letterhead copy.
- Appropriate contact at the region; if one is not known use Director for Reactor Projects.
Approved: September 23,1994 28 (Revised: October 23,1997) o
l l
Volume 8, Licensee Oversight Programs Review Process for 10 CFR 2.206 Petitions
>O Handbook 8.11 Exhibits Exhibit 4 NRC Form 573, " Nuclear Regulatory Commission Issuances (NRCI) Transmission Record" woRusn u.s.nucuan neoutArony commassam NUCLEAR REGUL.ATORY COMMISSION ISSUANCES (NRCI)
TRANSMISSION RECORD SUP OPINION OPINION / DECISION HEADNOTE 3%y,"y7, s 5 DEclS M, PAGES NR ONTRACT BY:
TRAN ION NR ONTRACT SY:
10N cowraep'tr nunnm awxerame ousemmum Ov l
1 nac poo. srs i6 ws puxTro on accredo papr.a i
Approved: September 23,1994 (Revised: October 23,1997) 29
_ - _ _ _ _ - _