ML21130A041

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2.206 Petition Process Questions 4-20-2021 (2)
ML21130A041
Person / Time
Issue date: 04/20/2021
From: Perry Buckberg
NRC/NRR/DORL/LPL2-2
To: Blanch P
- No Known Affiliation
Buckberg P
References
Download: ML21130A041 (2)


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From:

To:

Subject:

Date:

Buckberg, Perry Paul 2.206 Petition Process Questions Tuesday, April 20, 2021 2:18:00 PM Mr. Blanch, Some of the questions you submitted to Tilda Liu on February 9, 2021, are process questions that Id like to respond to. Below, my responses are in bold after each of your process questions.

Apologies for the delay!

Thanks, Perry Buckberg Senior Project Manager / Agency 2.206 Petition Coordinator U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation office: (301)415-1383 perry.buckberg@nrc.gov Mail Stop O-8B1a, Washington, DC, 20555-0001 1.

According to MD8.11, a rejection letter will state Reasons for the staffs action will be documented in the closure or acknowledgment letter.

That sentence (from MD 8.11 Section III.E.3) applies if the staff takes an immediate action that differs from the immediate action requested in the a petition.

2.

What is the process for appealing the proposed rejection of the acceptance of a petition? Specifically, how long does the petioner have to appeal the rejection of the petition?

There is no agency appeal process related to the PRB decision on accepting a petition.

13.

MD 8.11 states: If the staff plans to take an action that is contrary to an immediate action requested in the petition before issuing either the closure letter or acknowledgment letter, the petition manager should informally notify the petitioner promptly by telephone and/or e-mail of the pending staff action. Reasons for the staffs action will be documented in the closure or acknowledgment letter.

Why has the NRC staff failed to provide this information?

This relates to the answer for question 1 above. The 10/13/2020 Public Watchdogs petition did not request any immediate action and the staff determined that no immediate action was warranted related to the petition.

14.

Over the past 7 years, how many 2.206 petitions have been rejected from consideration by the Nuclear Regulatory Commission?

The merits of every petition received are considered by the NRC staff assigned to evaluate the petition. A Petition Review Board determines the acceptability only after careful consideration of the petition content.

The 2.206 Petition Periodic Status Reports available on this linked webpage date from 1998 to the present and will include the information you requested.