NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, DC 20555-001 E-mail: opa@nrc.gov

Web Site: http://www.nrc.gov/OPA

No. 00-172 October 31, 2000

NRC ANNOUNCES ADDITIONAL IMPROVEMENTS

TO PUBLIC PETITION PROCESS

The Nuclear Regulatory Commission has made significant improvements in its procedures for

effectively handling petitions submitted by the public requesting that the agency modify, revoke or

suspend a license it has issued.

Section 2.206 of Title 10 of the Code of Federal Regulations provides the primary mechanism

for the public to request enforcement-related action by NRC in a public process. Depending on its

evaluation, the NRC could take appropriate enforcement action and may grant the petitioner’s request

in whole or in part, or deny the request.

The changes to the public petition process are a result of an ongoing effort to improve the

process and are based on staff experience as well as comments and recommendations made by

petitioners and other stakeholders at public meetings and in writing. The changes are designed to

increase opportunities for meaningful participation by the petitioner and to ensure the petitioner’s

concerns are fully understood and evaluated by the NRC.

The latest revision includes three significant improvements:

(1) The provision of an opportunity for the petitioner to meet with the NRC’s Petition

Review Board (PRB) after it has discussed the petition. This is in addition to a

similar existing opportunity afforded the petitioner prior to Board discussion. The post-PRB

meeting will allow any relevant additional explanation and support for the petitioner’s request

to be offered in light of the Board’s recommendations regarding whether the petition meets the

criteria for review under Section 2.206, and whether any requested immediate action should be

taken. The licensee is also invited to participate in these meetings.

(2) The elimination of criteria that must be satisfied before a technical meeting can

be offered during the staff’s review of the petition.

(3) The provision of a copy of the proposed director’s decision to the petitioner and the

licensee for comment before it is issued in final form. This allows the petitioner and

licensee the opportunity to identify any potential errors or issues that have not been

addressed by the staff.
Under the 2.206 process, a member of the public may submit a request in writing to the

Executive Director for Operations, specifying the requested enforcement action and the basis for the

request. Unsupported assertions are not considered grounds for consideration as a 2.206 petition.

If the petition is accepted for review, NRC publishes a notice in the Federal Register, notifying

the public of the matter to be reviewed. The NRC’s official response to a 2.206 petition is a written

director’s decision that includes the technical staff’s evaluation of the issues raised in the petition,

results of any NRC investigation or inspection, and a decision on the petitioner’s request for agency

action. Depending on its evaluation, the agency could modify, suspend or revoke an NRC-issued

license or take any other appropriate enforcement-related action to resolve a problem. The NRC

receives about 20 such petitions annually.

All directors’ decisions and the “Review Process for 10 CFR 2.206 Petitions” are available in

the NRC’s Agencywide Documents Access and Management Systems (ADAMS), the agency web site,

at http://www.nrc.gov/NRC/PUBLIC/2206/index.html , or the Public Document Room in Rockville,

Maryland (telephone 301-415-4737). A brochure reflecting the recent changes, NUREG/BR-0200,

Rev. 4, October 2000, will be available shortly by calling the agency’s Office of Public Affairs, at 301-

415-8200.

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