ML19252A340
| ML19252A340 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 02/10/1981 |
| From: | Tedesco R Office of Nuclear Reactor Regulation |
| To: | Koester G KANSAS GAS & ELECTRIC CO. |
| References | |
| NUDOCS 8102240025 | |
| Download: ML19252A340 (4) | |
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ENCLOSURE A i
ilviD UNITE # STATES OF k' ERICA WDCLEAR REGULATORY C0tNIS$10tl
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l' Nunzio J. Palladino. Chairr.an U...
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Victor Gilinsky s
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Peter A. Bradf ord John F. Ahearne p
i in the Matter of J
FENNSYLVAhlA POWER & LIGHT CO. and l 1
ALLEGHENY FLECTRIC COOPERAT!YE, Docket No. 70-?937 J
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(Swsquehan u Steam Electric J
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A ORDER the applicants in this proceeding illed with On December 23, 1980 the Director, Nuclear Materials Safety and Safeguards, an application for authority pursuant to 10 CFR Part 70 *to receive, possess, store, inspect and package for transport nuclear fuel bundles /dssettlics" for The authority use at Unit 1 of tne Susquehanna 5 team Electric Station.
requested would pemit the applicants to store unirradiatec fuel in the reactor building at Susquehinna while the operating license proceeding continues.
Requests for a hearing on the Part 70 application have been submitted by Susquehanna Environmental Advocates (* SEA") and Citizens Against Muclear Dangers PCAND"), both intervenors in the operating The Co:x:ission hereby directs the Chaire.en of the license proceeding.
Atomic Safety and Liceging Board Panel (ASLBP) to designate an atoc;i safety and Ifeensing boerd to review these bearing requests to detennine
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whether the hearing requirecents of Section IB9a. of the Atd.ic Energy Act and the Comission's regulation in 10 CFR 2.714 have been met and, if so, to conduct an appropriate licensing pivceeding under Subpart G of Part 2 and Part 70. /
The Comission delegates to the Aton.it Safety and Licensing Appeal Board authority to exercise the review functions in this Part 70 proceeding which otherwise would have been exercised ar.d performd by the Cocnission.
It is so ORDERED.
For the Cownission
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i Dated at Washington, DC, this 22 day of July,1981.
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Y This Corrr.ission order is made necessary by the Licensing Board's
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order in the operating license proceeding dated May 21, 1981 i
declining to assume jurisdiction over the,Part 70 licensing proceeding.
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ENCLOSURE B NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1 and 2 Jurisdiction of Adjudicatory Boards AGENCY:
Nuclear Regulatory Commission.
A CTION:
Final rule.
SUMMARY
- The Commission is amending its Statement of Organization and Rules of Practice to make explicit the jurisdiction of its adjudicatory boards in certain ancillary licensing matters which may arise in the course of an operating license proceeding for a nuclear power reactor. The amendments clarify the boards' authority to decide issues related to a license application for the receipt of cold fuel at a reactor site prior to issuance of an operating 11 cense.
EFFECTIVE DATE:
(Date of publication in the FEDERAL REGISTER.)
FOR FURTHER Iff 0RMATION CONTACT: Willian M. Shields, Office of the Execu-tive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555. Telephone:
301-492-8693.
SUPPLEMENTARY INF0PJ4ATION:
The Commission has delegated to its adjudicatory boards jurisdiction to preside over reactor operating license proceedings under 10 CFR Part 50. The Atomic Safety and Licensing Boards are broadly empowered to preside "in such proceedings...as the Commission may
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. designate" and te "perfonn such other adjudicatory functions as the Can-mi ssion dee.s appropriate. " See 10 CFR 2.721(a). The Atomic Safety and Licensing Appeal Boards are authorized to perfonn ths Commission's review functions "in (1) proceedings on applications for licenses under Part 50 of this chapter and (2) such other licensing proceedings...as the Commission may s pe ci fy. " See 10 CFR 2.785(a). These delegations are also described in the Commission's Statement of Organization.
See 10 CFR 1.11, 1.12.
Occasionally, during the course of an operating license proceeding, the applica:,t may file a separate license application under 10 CFR Part 70 f or pennission to receive and store cold reactor fuel at the reactor site. This license application may become the subject of a hearing upon the request of a person whose it;terest may be affected.
Such requests have been made in several operating license proceedings over the past several years.
See In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), 3 NRC 73 (1976); In the Matter of Cincinnati Gas and Electric Company et al. (William H. Zimmer Nuclear Station),10 NRC 226 (1979); In the Matter of Pennsylvania Power and Licht Company et al.
(Susquehanna Steam Electric Station, Unit 1), Docket Nc. 70-2937, Cannission Order of July 22, 1981.
The amendments set out below make explicit the jurisdiction of the Commission's adjudicatory boards to hear and decide Part 70 matters arising during the course of an operating license proceeding. The first amendment simply deletes the limiting reference to 10 CFR Part 50 contained in 10 CFR
- 1.12.
This section is intended only to describe the A; peal Board's functions in a general way, and becanes needlessly complex it specific grants or limitations of authority are also included. The second and third amendments expressly confer Part 70 jurisdiction upon the Licensing ano Appeal Boards by revising the relevant sections of the Ccnmiaion's Rules of Practice, 10 CFR 2.721(a) and 2.785(a). The revised text of 2.785(a) will also authorize Appeal Board review '
other types of cases, for example, appeals fra7 board or administrative law judge decisions in enforcement cases, without the need for case-by-case delegation of jurisdiction. The fourth amendment simply confonns a parallel section in Appendix A of Part 2 providing a narrative description of the Appeal Board's jurisdiction.
The fif th amendment adds a new subsection to 10 CFR 2.717. This subsection provides that when a request for hearing has been ieteived in connection with a Part 70 cold fuel application, the existing operating license board will decide whether a hearir.g is warranted, and, if necessary, conduct a Part 70 hearing and decide the issues presented.
Because the amendments relate solely to matters of internal agency procedure and do not change any s.bstantive practice, notice of proposed rulemaking and public procedure thereon are not required by 5 U.S.C. 553, and, for the same reason, the Commission has found that gocd cause exists for making the amendments effective upot, publication in the FEDERAL REGISTER.
A Regulatory Flexibility Act statenent is not necessary because that Act
. does not apply to final rules where notice of proposed rulemaking is not r eq ui r ed. The rule contains no recordkeeping or reporting recuirements subject to the Paperwork Reduction Act.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorgani-zation Act of 1974, as amended, and Sections 552 and 553 of the United States Code, the Casmission hereby amends Parts 1 and 2 of Chapter 1, Title 10 of the Code of Federal Regulations as follows:
1.
Section 1.12 of Part 1 is amended to read as follows:
The Atomic Safety and Licensing Appeal Panel is the organiza-tional group fran which Atomic Safety and Licensing Appeal Boards are selected.
Under powers delegated by the Commission, these three-member Boarts exercise the authority and perform the regu-latory review functions which would otherwise be exercised and pe rf o n ed by the Comni ssi on. They perform these functions in p r es e ed i n g s.gn. lice n s e s.w nd e r.10.GF.R.Pa rt.50,.a nd su ch 6the r licensing proceedings as the Cannission may specify, reviewing initial decisions and other issuances of Atomic Safety anc:
Licensing Boards and other presiding officers. The Panel shall be comprised of a Chief Administrative Judge who shall be Chairman and such other Administrative Judges as may be appointed members cf the Panel.
4 2.
Section 2.721(a) of P. art 2 is amended to read as follows:
(a) The Commission or the Chairman of the Atomic Safety and Licensing Board Panel may fr un time to time establish one or more atomic safety and licensing boards, each canprised of three nembers, one of whom will be qualified in the conduct of adminis-trative proceedings and two of whom shall have such technical or other qualifications as the Commission or the Chairman of the Atomic Safety and Licensing Board Panel deems appropriate to the issues to be decided, to preside in such proceedings for granting, suspending, revoking, or amending licenses or authorizations as tne Commission may designate, includina proceedinas on applica-tions for licenses under Parts 50 and 70 of this chapter, and to perfonn such other adjudicatory functions as the Commission deems appr opri ate. The members of an atomic safety and licensing board shall be designated from the Atomic Safety and Licensing Board Panel established by the Canmission.
3.
Section 2.785(a) of Par
- 2 is amended to read as follows:
(a) Tne Canmission has authorized the Atomic Safety and Licensing Appeel Boards to exercise the authority and perform the review functions which would otherwise have been exercised and performed by the Commission, including, but not limited to, those
. under 9 2.760, 2.771, 2.912, and 2.913. The Appeal Boards are authorized to exercise this authority with respect to all decisions rendered by Atomic Safety and Licensino Boards or by administrative law juds_es, unless the Commission directs otherwise in a specific case or class of cases.
4.
Section IX(a) of Appendix A to 10 CFR Part 2 is amended to read as f ollows:
(a) An Atcmic Safety and Licensing Appeal Board, composed of three members assigned from the Atomic Safety and Licensing Appeal Panel, designated by the Canmission, reviews all initial decisions rendered by Licensino Boards or by administrative law judoes, unless the Commission directs otherwise in a specific case or class of cases.
In such proceedings, an Atomic Safety and Licensing Appeal Board performs the functions and exercises the authority of the Cannission described in sections 1(e), V(f)(4), and VI(f), except as their context may requi re otherwise. The Atomic Safety and Licensing Appeal Board is required to decide each matter before it in accordance with the rules and regulations, case precedent, and established policies of the C ommi ssi on.
In a proceeding on an application for an operating license, if the Atomic Safety cnd Licensing Appeal Board determines that a serious safety, environnental, or conmon defense and security
matter has not been raised by the parties, it has the authority to give appropriate consideration to that matter.
It has no responsibility or authority for issuing rules or r eg ul a tions. The Appeal Board for a particular proceeding is composed of three members assigned from the Atomic Safety and Licensing Appeal Panel and possessing qualifications deemed appropriate to the issues to be decided. The Chairman of the Appeal Board for a particular proceeding shall be qualified in the conduct of adninistrative proceedings.
5.
A new subsection (c) is added to Section 2.717 of Part 2, to read as f ollows:
(c) When a request for hearing has been filed with respect to a Part 70 application for the receipt of cold fuel at a facility for which
- an operating license proceeding is pending, +,he presiding officer for that proceeding vill rule on the request, and, if a hearing is determined to be necessary, will conduct the hearing and decide the issues presented.
(Sec.161, Pub. L.83-703, 68 Stat. 948, etc. )
FOR THE NUCLEAR REGULATORY COMMISSION Samuel J. Chilk Secretary of the Commission Dcted this day of September,1981, at Washington, D.C.