ML20210T140

Responds to 860825 Requests for Review & Issuance of Director'S Decisions Under 10CFR2.206 Re Plant.Request Denied Due to Lack of Authority to Issue Desired Decisions. Served on 861007

ML20210T140
Person / Time
Site:	Limerick
Issue date:	10/06/1986
From:	Lieberman J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Anthony R ANTHONY, R.L.
References
CON-#486-1005 2.206, NUDOCS 8610080312
Download: ML20210T140 (1)

Text

.,x u e o.s u w.muWg 3f2hN

[,pnur f UNITED STATES g 7",,

"y- .{^gg NUCLEAR REGULATORY COMMISSION UWC WASHING ton, D. C. 20555 0

% . . . . . *# October 6,198686 g -7 21 :06 0FFIN U* - 1 ""' - - - - - -

00CKETIM A WVICI. -

- - ' ~

BRANCH Mr. Robert Anthony Box 186 Moylan, Pa.19065 . SERVED OCT -71996

Dear Mr. Anthony:

This responds to your two letters of August 25, 1986, directed respectively to the Office of the General Counsel (OGC) and to Stephen G. Burns, for-merly also with OGC. You appear to request that the Office of the General Counsel review and issue decisions concerning certain specified Director's Decisions under 10 C.F.R. 2.206 issued by the Director of the Office of Nu- -

clear Reactor Regulation (NRR), regarding the Limerick facility of the Phila-delphia Electric Company.

The Office of the General Counsel cannot grant your request because it lacks the authority to issue the decisions that you desire. Prior to unification of-the NRC's legal offices on July 1, 1986, once a Director issued a decision under 10 C.F.R 2.206, the Office of the General Counsel reviewed the deci-sion and made a recommendation to the Commission regarding whether or not the decision should be reviewed by the Commission itself. The Commission then made the decision whether to review the Director's decision. No other review by the OGC was authorized by the regulations. OGC has already per-formed its review of the decisions issued prior to July 1, 1986 by the Direc-tor of NRR regarding the Limerick facility. The Commission has declined to review these decisions and they have now become final agency actions.

As a result of the unification referred to above, OGC will now review Direc-tor's decisions before issuance. The Commission will continue to have an op-portunity to review a Director's decision following issuance.

j Sincerely, h  %

~

James Lieberman Assistant General Counsel for Enforcement Office of the General Counsel

, cc: Service List l

l 8610080312 861006 2 DR ADOCK 0500 D337