ML19254D140
| ML19254D140 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 09/26/1979 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Leslie Hill SAVE ENERGY NOW TO SAVE THE ENVIRONMENT |
| References | |
| NUDOCS 7910220434 | |
| Download: ML19254D140 (3) | |
Text
en atc,q4 UNITED STATES v!"~~
NUCLEAR REGULATORY COMMISSION WASHINGTON D. C. 20555
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7 Ms. Lola Hill, Spokesperson h
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Environment (SENSE) 208 Birch Drive 3'N g(({'
Joliet, IL 60435 In the Matter of General Electric Company (GE Morris Operation Spent Fuel Storage Facility)
Docket No. 70-1308 (Renewal of SNM-1265)
Dear Ms. Hill:
I am pleased to respond to your letter of August 31, 1979, to the Secretary of the Commission, which has been referred to me for reply.
Your letter refers to a notice of hearing concerning the General Electric (GE) Company's Morris Operation Spent Fuel Storage Facility.
In your letter you also ex-pressed SENSE's objection to operation and expansion of the facility and requested information regarding the format your objections must take.
Finally, you requested to be informed of the exact dates and locations of any hearings to be conducted with respect to the GE Morris facility.
The notice of hearing you refer to in your letter was issued on August 13, 1979, by the Atomic Safety and Licensing Board (ASLB) established to rule on petitions for leave to intervene and requests for hearing with respect to the application by GE for renewal of its license for the Morris Operation Spent Fuel Storage Facility.
On August 20, 1979, the notice was published in the Federal Recister, 44 Fed. Reg. 48830.
The notice provides that, pursuant to a not :e to be published in the Federal Reaist:r, a Special Prehearing Conferer.ce will be held in the vicinity of Morris, Illinois, at a time and place to be set by the ASLB in the near future.
As the notice indicates, the ASLB has not established any dates for the evidentiary hear-ing. Although your letter refers to the expansion of the GE Norris Operation, you should be aware that the action which will be the subject of these hearings is the proposed renewal of GE's license for the Morris operation, which would authorize cc..tinued operation, but not expansion, of the facility.
With respect to your inquiry regarding the format of SENSE's objections to the GE Morris Operation, there are essentially two methods for a member of the public or organization to participate in NRC proceedings.
One method is to become a party to the proceeding, which requires filing a petitien for leave to intervene.
As the notice of hearing indicates, a notice was pub-lished in the Federal Reaister on April 25, 1979, which provided that any person whose interest may be affected by the GE license renewal application 3
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Ms. Lola Hill J may file a petition for leave to intervene and request for hearing by fiay 25, 1979. Thus, the period for submitting petitions for leave to intervene has expi red.
In the event that SErlSE wishes to participate as a party in the hearing relating to the license renewal application for the GE liorris Opera-tion, a petition for leave to intervene must be filed which satisfies the requirements of Title 10 of the Code of Federal Regulations (CFR) 9 2.714 with the presiding ASLB in the proceeding.
Since the period for submitting petitions for leave to intervene has expired, any petition filed now would be considered an untimely petition under 10 CFR S 2.714 and would not be entertained absent a detennination by the presiding ASLB that the petition should be granted, based on a balancing of the factors in 10 CFR S 2.714(a)(1),
(i)-(v) and 'O CFR @ 2.714(d).
If a person or organization is admitted as a party to NRC proceedings, that person or organization may participate through presentation of testimony, cross-examination of the other parties' witnesses, and the filing of motions and any required pleadings in the proceeding.
Another method by which a member of the public may participate in Commission proceedings is by making a limited appearance pursuant to 10 CFR 9 2.715.
A person making a limited appearance may make an oral or written statement of position on the issues in the proceeding. The presiding ASLB has broad discretion as to the receipt of limited appearance statements.
In practice, the presiding officer usually inquires early on the first day of the hearing or the initial prehearing conference in the proceeding whether there are any individuals in attendance who wish to make limited appearance statements.
The notice of hearing issued by the ASLB on August 13, 1979, describes the specific procedure to be followed by members of the public who wish to make limited appearances at the GE Morris Special Prehearing Conference.
Enclosed for your use and information are copies of the April 25,1979 and August 20, 1979 Federal Reqister ilotices. To assure that you will be advised of the dates of the Special Prehearing Conference and evidentiary hearings, I am requesting that your name be added to the distribution list for the notices to be published in connection with the conference and the hearing.
Copies of these notices will be sent to you.
Alsu enclosed is a copy of 10 CFR Part 2, " Rules of Practice for Domestic Licensing Proceedings," which includes information regarding intervention and limited appearances.
Appen-dix A of 10 CFR Part 2 explains in detail the Rules of Practice in Part 2.
If I can be of any further assistance, please feel free to direct any further inquiries you may have to me.
Si ncerely, f f'N.
4 Howard K. Shapar Executive Legal Director
Enclosures:
See page 3 2 l34
' Ms. Lola Hill.
Enclosures:
- 1. Eederal Renister Notices dated 4/25/79 and 8/20/79
- 2. 10 CFR Part 2 cc w/o enclosures:
Service List 2
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