The NRC issued an update to Management Directive 8.11 (MD 8.11), Review Process for 10 C.F.R. § 2.206 Petitions on March 1, culminating an on-again, off-again review process that began almost a decade ago. In issuing the updated MD 8.11, the NRC also issued a corresponding update to Directive Handbook 8.11 (DH 8.11), but pushed the detailed staff guidance that was previously in MD 8.11 to a publicly available Desktop Guide. In short, the review process in the updated MD 8.11 and DH 8.11 is not markedly different from the prior versions, but the changes also reduce some of the opportunities for licensees to directly seek clarification from a petitioner about the issue being raised and allow the NRC staff to “save” what might otherwise be deficient petitions. The updated MD 8.11 also does not resolve questions as to whether the ability to submit a Section 2.206 petition is restricted to only external stakeholders.

In a rare legal challenge related to fees the NRC charges nuclear licensees for its services, the US Court of Federal Claims recently held that the costs of certain NRC services provided in connection with Confirmatory Orders (COs) are not recoverable via hourly bills to individual licensees. The court held that COs are essentially enforcement orders, and thus cannot be viewed as conveying an “individual benefit” to licensees.

At the end of January, the US Nuclear Regulatory Commission (NRC) issued a complete rewrite of Inspection Manual Chapter (IMC) 1240 on unescorted access authorization for NRC employees and contractors. The most major change from the prior version is that the NRC will no longer issue letters to licensees requesting unescorted access for NRC employees. Instead, the NRC will implement and maintain a Site Access List that identifies NRC employees and contractors whom the NRC has certified for unescorted access. Consistent with this change, the revised inspection manual chapter provides information on how the NRC will determine the suitability of its employees and contractors for unescorted access. The revisions also change how behavioral observation and fitness for duty programs apply to NRC employees and contractors and how they should be reported.

The US Nuclear Regulatory Commission (NRC) issued a revised version of Inspection Manual Chapter (IMC) 0620 (Inspection Documents and Records) on January 28. These revisions add clarifying guidance on marking, handling, and transmitting—internally and externally—inspection documents and records to ensure that all such materials are appropriately controlled and handled by NRC inspectors. These revisions could affect how the NRC Staff maintains and shares NRC inspection documents and records.