ML19220D000
| ML19220D000 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/09/1979 |
| From: | Gray J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 7905160158 | |
| Download: ML19220D000 (3) | |
Text
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,9-J,6 4/9/79 Internal paper prepared by J. Gray for discussions with S. Treky and L. Chandler 0
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7905 119 141
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gy 50-32C y/9/77 Options for Authorizing New Mode of Operation for T'11-2 (1) 10 CFR 9 2.202 - Order To Show Cause To Modify Or Susnend OL or For Such Other Action As May Be Annropriate (a)(1) must allege violations or potentially hazardous conditions giving rise to action (f) may be immediately effective when the appropriate director finds that the public health, safety or interest so requires. (opportunity for hearing would be nrovided but hearing would be after the fact if this is immediately effective)
Would be issued by Director of NRR, NMSS or I&E as appronriate
'In this case, since it's not primarily punitive or as a result of a violation, but instead is for the purpose of bringing the facility to, and maintaining it in, a cold shutdown candition, it appears that Directcr of NRR is the appropriate official.
(2) 10 CFR 2.204 - Order For Mocification Of License Commission may modify a license by issuing an amendment on notice to licensee that he may demand a hearing as to any or all parts of amendment within 20 days.
When Commission finds that the public health, safety or interest so requires, the order may be effective immediately.
(opportunity for hearing would be provided but hearing would be after the fact if this is immediately effective)
Order for modification under 2.204 can be issued by appropriate c~ rector - again Director of NRR
[2.204 uses words " Commission may modify.." 2.4 defines Commission as the 5 member body or quorum thereof or any officer to whom authority has been delegated. Authority to issue orders for modification of license has been delegated to Directors of NRR, NMSS, I&E. See e.g. NRR Manual, Chapter 1
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{3) 10 CFR SS 50.90 and 50.91 Approval of application to amend OL would make Licensee do the work on selecting parts of OL to be suspended and new parts to take effect but would probably take longer than (1) or (2). In addition, there is no provision in these regulations for immediate effectiveness.
Thus, prior opportunity for hearing would be required if the amend-ment involves significant hazards considerations and the amendment would not be effective until (1) the period for intervention has expired and no petitions to intervene are filed, or (2) petitions to intervene are granted and the licensing board issues an order authorizing the amendment.
In either event, a minimum of 30 days from prenotice in the Federal Register would have to clapse before the amendment could beccme effective if significant hazards considerations are involved. The actual time would probably be somewhat longer. This approach, therefore, appears to be impractical and useless and cannot be considered a viable option.
Other 10 CFR $ 50.100 Comraission may revoke, suspend or modify OL because of conditions revealed by any report, record, inspection or other means which would warrant Com:nission to refuse to grant OL on an original application. It is not clear what the purpose of this is or what procedure would be.
Really appears to back up 2.202 and 2.204.
10 CFR s 50.102 Comraission can order that possession be taken of facility and that it be operated by Commission (subject to pa*f ng just cempensatien) when i
Commission finds that public convenience and necessity requres it.
This appears to apply to those situations involving war or natienal emergency where the public convenience and necessity requires con-tinued production of clectricity or where "F.RDA" (aee 10 CFR 5 50.2) programs require contirued production of SNM. It does not appear to apply to the T..II-2 situation.
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