NRC Enforcement Manual Revisions Address Licensee Challenges To Enforcement Actions

The NRC recently revised its Enforcement Manual (Manual) to consolidate and expand its guidance on the process for resolving licensee challenges to certain enforcement actions. The biggest change to the Manual is the creation of a new Section 2.8 on "Disputed Violations" that merges into one section the disputed violation resolution process for all enforcement actions other than those associated with NRC orders.

The revised Section 2.8 includes a new Subsection 2.8.3 on "Backfitting Concerns and Appeals," which now requires licensees to formally file a backfit appeal under Management Directive 8.4 (MD 8.4) to have the NRC fully evaluate backfit issues as part of its resolution of the disputed violation. Subsection 2.8.3 also directs the NRC staff to hold the resolution of the disputed violation in abeyance until the backfit appeal is dispositioned using the procedures in MD 8.4.