ML20289A436
| ML20289A436 | |
| Person / Time | |
|---|---|
| Issue date: | 10/20/2020 |
| From: | Perry Buckberg NRC/NRR/DORL/LPL2-2 |
| To: | |
| Buckberg, Perry | |
| References | |
| 2.206 | |
| Download: ML20289A436 (27) | |
Text
Please log into both webinar and bridgeline. Visuals will be 10 CFR 2.206 Petition through WebEx and audio will be through the bridgeline.
Review Process Webinar Link Public Meeting -Bridgeline:
- US: 1-877-917-3616 Will Begin *Passcode: 1862685 Shortly Public Meeting Slides are available at ML20289A436 For technical support contact:
Undine Shoop Undine.Shoop@NRC.gov Bridgeline US: 1-877-917-3616 Passcode: 1862685 1
10 CFR 2.206 Petition Review Process Public Meeting October 20, 2020 2
Bridgeline US: 1-877-917-3616 Passcode: 1862685
Agenda OVERVIEW OF THE 2.206 BACKGROUND ON THE PROPOSED STAFF PETITION REVIEW EXPERT EVALUATION ACTIONS PROCESS TEAM FEEDBACK RECEIVED DURING THE AUGUST 18, ADDITIONAL FEEDBACK OTHER STAFF PROPOSED IMPROVEMENTS 2020 PUBLIC MEETING Bridgeline US: 1-877-917-3616 Passcode: 1862685 3
- Discuss proposed revisions to the 10 CFR 2.206 petition review process and Welcome guidance and
- Obtain stakeholders and Meeting's public feedback and perspectives on Purpose the proposed revisions 4
Bridgeline US: 1-877-917-3616 Passcode: 1862685
Introductions
Meeting Facilitator
- Andrea Russell, NRR Bridgeline US: 1-877-917-3616 Passcode: 1862685 5 This Photo by Unknown author is licensed under CC BY.
- Meeting audio is through bridgeline Meeting Logistics
- Participants are in listen-only mode until the Q&A period
- This is a Category 1 public meeting to provide information and receive public feedback
- This meeting is being transcribed and will be publicly available
- No regulatory decisions will be made at today's meeting Bridgeline US: 1-877-917-3616 Passcode: 1862685 6
- The 2.206 process gives anyone a mechanism to request enforcement-related action including modifying, suspending, or revoking a license.
- Petitioner must:
Filing a
- Submit concerns in writing to the NRCs Executive Director for 10 CFR 2.206 Operations.
- Identify the licensee, the licensed Petition activity, and the enforcement action requested
- Include supporting evidence.
- Additional information is available in the Enforcement Petition Brochure at https://www.nrc.gov/docs/ML1907/ML19070A037.pdf 7
Bridgeline US: 1-877-917-3616 Passcode: 1862685
Current
- The current staff guidance is in Guidance NRCs Management Directive for 10 CFR 8.11 and Desk Guide issued in March 2019 (MD 8.11):
2.206 - Streamlined the 2000 version of Petition MD 8.11
- Incorporated lessons learned Review since 2000
- Created detailed Desktop Guide for staff use 8
Bridgeline US: 1-877-917-3616 Passcode: 1862685
Current Process Overview and Steps Initial Screening to The need for Appoint Chairman and determine if petition Petition is received immediate action is assemble PRB evaluated can be entered into members 2.206 process PRB Initial Accept PRB reviews petitioner PRB Recommendation Assessment to concerns and to Office Director Proposed Directors determine petition requested Decision acceptance for enforcement action review Non-Accept Inform Office of the Public Comment Final Directors Petition Closed Secretary of Directors Period Decision Decision 9
9 Bridgeline US: 1-877-917-3616 Passcode: 1862685
Petition Screening - MD 8.11
- Petition is better suited for a different NRC Process - for example:
- Allegation Process
- Rulemaking Process
- Request for Hearing Opportunity
- Petition does not meet minimum evaluation requirements such as:
- Not in writing to the EDO
- General assertion without facts
- A request for anonymity
- Not likely to lead to enforcement
- Outside of NRC jurisdiction
- Request for Information Bridgeline US: 1-877-917-3616 Passcode: 1862685 10
2.206 Petition Timeline Upon Petition Receipt
- Identify any needed immediate action
- Begin screening process 90 Days After Petition Receipt
- Issue Final PRB Assessment
- Closure letter - ends petition evaluation
- Acknowledgement letter - process continues 120 Days after Acknowledgement Letter
- Proposed Directors Decision 60 Days after Proposed Directors Decision
- Final Directors Decision Bridgeline US: 1-877-917-3616 Passcode: 1862685 11
Expert Team Recommendations and Proposed Revisions to the current process Bridgeline US: 1-877-917-3616 Passcode: 1862685 12
Office of the Inspector General Event Inquiry (16-024)
- Office of the Inspector General (OIG) received concerns from a citizen who filed a 2.206 petition regarding the NRCs oversight of a 42-inch natural gas pipeline proposed to traverse Indian Point Energy Center (IPEC) property
- OIGs event inquiry examined NRCs inspection report and underlying analysis used to determine that Entergy appropriately concluded the 42-inch gas pipeline would not introduce significant risk to safety-related systems, structures, and components 13 Bridgeline US: 1-877-917-3616 Passcode: 1862685
OIG Event Inquiry Findings THE 2.206 PROCESS PRESENTED AN NRC DID NOT THOROUGHLY REEXAMINE OPPORTUNITY FOR THE NRC TO THE UNDERLYING PREMISES OF ITS REEVALUATE AND CONFIRM WORK ANALYSES AND DID NOT ACCURATELY PREVIOUSLY CONDUCTED COMMUNICATE ITS ANALYTICAL WORK PERFORMED Bridgeline US: 1-877-917-3616 Passcode: 1862685 14
NRCs Expert Evaluation Team
- The NRC Executive Director for Operations (EDO) tasked team to independently review the IG findings
- Team found that Indian Point remained safe, but several NRC processes could be improved
- EDO endorsed all the teams recommendations Bridgeline US: 1-877-917-3616 Passcode: 1862685 15
Expert Evaluation Recommendations 1 2 3 4 Modernize petition Provide for Conduct detailed Document analysis review boards independent reviews after supporting petition (PRBs) petition reviews petition acceptance decisions Bridgeline US: 1-877-917-3616 Passcode: 1862685 16
Modernize Petition Review Boards
- Centralize the 2.206 process to improve consistency and effectiveness
- Designate standing members for certain Expert Evaluation roles Team Recommendations Proposed Staff Action:
and Proposed Staff Action 1/4
- Designate full time petition managers
- PRB chair would be selected from a small pool of SES managers that would have additional training
- Technical staff would still be drawn from the office for which the petition relates Bridgeline US: 1-877-917-3616 Passcode: 1862685 17
Expert Evaluation Team Recommendations and Proposed Staff Action 2/4 Expert Evaluation Team Proposed Staff Action:
recommendation:
Provide for Independent Petition Reviews To the extent practicable, assign staff to the PRB that are independent from previous staff decisions on the issues raised in the petition Staff previously involved will continue to provide historical and technical input to the PRB Bridgeline US: 1-877-917-3616 Passcode: 1862685 18
Expert Evaluation Team recommendation:
- Accept petitions for review if detailed analysis will be needed to review the issues raised Expert Evaluation Team Proposed Staff Action:
Recommendations
- Consider changes to the Management and Proposed Staff Directive and Desk Guide to accept the Action 3/4 petition if it is determined that a detailed analysis would be required to complete the initial assessment
- Consider updating the Management Directive and Desk Guide to provide additional information on status to the petitioner, throughout the review process would address this concern Bridgeline US: 1-877-917-3616 Passcode: 1862685 19
Expert Evaluation Team recommendation:
- Any staff analysis or calculations used to support a 10 CFR 2.206 petition decision should be rigorously Expert Evaluation documented Team Recommendations and Proposed Staff Proposed Staff Action:
Action 4/4
- Make changes to the Management Directive and the Desk Guide to provide specific documentation steps
- Focus on documentation of the information needed to support PRB decisions and recommendation Bridgeline US: 1-877-917-3616 Passcode: 1862685 20
Consider improvements to 2.206 petition screening process Other Staff-Proposed Improvements Complicated petitions with multiple concerns and action requests may benefit from a holistic review that considers the requested actions in the aggregate, and ensures that the cumulative impact of the petitioner concerns have been evaluated Bridgeline US: 1-877-917-3616 Passcode: 1862685 21
Format of public meeting not conducive to public involvement Difficult to find petition related information Feedback received Level of rigor needed by petitioners to prove a safety issue exists during the No petitions have been accepted into 2.206 August 18, process 2020 Level of documentation unclear public Petition evaluation timeline too long meeting Improve transparency of process Bridgeline US: 1-877-917-3616 Passcode: 1862685 22
Enhance public engagement through periodic public meetings Clarify petition documentation Response to requirements in an easy to find Public location Feedback Revise petition timeline Update and modernize the 2.206 website to improve ease of use and access to information Bridgeline US: 1-877-917-3616 Passcode: 1862685 23
Key Messages There is a benefit to having dedicated positions within the PRB to promote consistency in the process PRBs independent technical conclusions on the issues raised in the petition will increase public confidence in the decision-making process Petitions identified as requiring detailed analysis during the initial assessment should be accepted for review and communication with the petitioner should be a priority Proper documentation of all calculations and analysis used in the petition decision-making process is critical for openness and transparency Bridgeline US: 1-877-917-3616 Passcode: 1862685 24
Additional Feedback
- Do you have any questions or feedback on the proposed staff actions that are specific to the areas of interest identified by the Expert Evaluation Team?
- Do you think the proposed changes will improve the process?
- Are there other areas that could be improved?
- Are there any gaps in the process that can challenge implementation?
- Are there unintended consequences of these changes?
Bridgeline US: 1-877-917-3616 Passcode: 1862685 25
If you have questions/comments
- 1. Press *1 from your phone
- 2. Unmute your line and speak clearly when prompted to say your name.
- 3. Press # after saying your name to hear the meeting again.
- 4. If you want to withdraw question: press *2
- 5. Try and keep comments to 3-5 minutes Any follow-up questions will need to proceed back through the process
+Make sure you speak your name clearly Bridgeline US: 1-877-917-3616 Passcode: 1862685 26
Contact Information Scott Burnell Scott.Burnell@nrc.gov Perry Buckberg Perry.Buckberg@nrc.gov Jonathan Evans Jonathan.Evans@nrc.gov Andrea Russell Andrea.Russell@nrc.gov Undine Shoop Undine.Shoop@nrc.gov Gregory Suber Gregory.Suber@nrc.gov Bridgeline US: 1-877-917-3616 Passcode: 1862685 27