ML19260E234
| ML19260E234 | |
| Person / Time | |
|---|---|
| Issue date: | 01/28/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19260E235 | List: |
| References | |
| RULE-PRM-50-25, RULE-PRM-50-25A NUDOCS 8002140239 | |
| Download: ML19260E234 (4) | |
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NUCLEAR REGULATORY COMMISSION
/ Occket No. PRM-50-25 andPRM-50-25af The State of Illinois and the Porter County Chapter of the Izaak Walton League of America, Inc., et al.
Notice is hereby given that the State of Illinois and the Porter ~ounty Chapter of the Izaak Walton League of America, Inc.; Concerned Citizens Against Bailly Nuclear Site; Businessmen for the Public Interest, Inc.;
James E. Newman and Mildred Warner, by petitions cated December 20, 1979, have requested the Nuclear Regulatory Comission (NRC) to amend or rescind subsectioa 50.55(b) of the Comission's regulations in 10 CFR Part 50, " Domestic Licensing of Production and Utilization Facilities."
Subsection 50.55(b) provides the procedure and basis for extending the completion date for the construction or modification of a nuclear generating plant, as outlined below. The petitioners request that 50.55(b) tse anaended or rescinded to pemit consideration of a broad range of issues in a proceeding to
.detemine whether the completion date for a construction period should be extended.
Subsection 50.55(b) provides that if proposed construction or modification of a facility is not completed by the latest completion date allowed by a permit, the pemit will expire. The subsection provides, however, that the NRC will extend the completion date for a reasonable time upon " good cause" for the delay being shown.
As a basis for extending the date, 650.55(b) 'provides that the Commission will consider "... developmental problems attributable to the experimental nature of the facility or fire, flood, explosion, strike, sabotage, domestic violence, enemy action, an act of the elements, and other acts beyond the control of the permit holder...."
8 0 0214 0 2 Fl
2 The petitioners request the Comission to
"...A.
amen [or rescind 10 CFR 550.55(b) and B. promulgate i
a regulation _which requires that a ' good cause' proceeding concerning a requested amendment of a construction permit to extend the latest construction completion date,... consider whether the permittee has shown good cause for the continued construction of the plan /[tj in light of all the-circumstances at the time of considering the application.
The Comission should detennine that ' good cause' should not be limited to the reasons why construction was not completed by the latest completion date in the construction pe mit."
The petitioners note that section 185 of the Atomic Energy Act pemits construction pennit extensions only upon good cause shown. They assert that by limiting consideration to reasons why construction was not completed, the statutory purposes of requiring consideration of " good cause" for the construction would be frustrated and would be a violation of section 185 of the Act.
The petitioners assert also that the application of 550.55(b), if it is interpreted in a way which limits consideration to the reasons why construction was not completed by the latest completion date in the permit, "...would frustrate the statutory purpose of requiring that ' good cause' be shown for an extension." The petitioners request that a rule be established which reflects the statutory purpose of section 185 of the Atomic Energy Act, and that:a regulation which is in violation of this statutory purpose should be rescinded or amended.
. Simultaneously with the filing of the petition, the petitioners filed (a) a Petition for Leave to Intervene in the NRC proceeding which is considering a request of the Northern Indiana Public Service Company (NIPSCO) for an extension of the completion date for Bailly Generating Station, Nuclear 1; and (b) a Petition for Waiver of or Exception to 10 CFR 50.55(b). The petitioners request that if the relief requested by either of these petitions is granted, then the Petition
,for Rulemaking may be considered moot.
If this relief is not granted, the petitioners request suspension of the Bailly proceeding pending disposition of their Petition for Rulemaking.
The petitions from the State of Illinois and the Porter County Chcpter of the Izaak Walton League of America, et al., have been assigned Docket Numbers PRM-50-25 and PPJi-50-25a, respectively.
Copies of the petitions for rulemaking, the petitions to intervene, and the petitions for waiver are available for public inspection in the Comission's Public Document Room,1717 H Street, NW., Washington, DC.
Copies of the petitions may be obtained by writing to the Division of Rules and Records, Office of Administration, U. S. Nuclear Regulatory Comission, Washington, DC 20555.
All persons who desire to submit written coments or suggestions concerning the petitions for rulemaking should send their coments to the Secretary of the Comission, U. S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Service Branch by April 4,1980.
For further information contact: Joseph M. Felton, Director Division of Rules and Records Office of Administration U. S. Nuclear Regulatory Comission Washington, DC 20555 Telephone: 301-492-7211.
Dated at Washington, DC this 28th day of January 1980.
For the Nuclear Regulatory Comission
,_x 6. <
"' Samuel v. Chilk T
I Secretary of tre Comission J
I I