ML19269D529
| ML19269D529 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 04/13/1979 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Krueger O AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19269D530 | List: |
| References | |
| NUDOCS 7906040199 | |
| Download: ML19269D529 (4) | |
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UNITED STATES y.
471 NUCLEAR REGULATORY COMMISSION S
j. @b@h[, 5 WASHINGTON, D. C. 20555
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Mr. Orville E. Krueger Route 1, Box 384B Two Rivers, Wisconsin 54241
Dear Mr. Krueger:
Thank you for your letter of February 28, 1979, containing a petition on "NRC imposed gatehouse security processing of regular plant employees" at the Point Beach Nuclear plant. This letter has been referred to me s
for response
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There are several ways the concerns you express in the letter and the petition can be considered. They can be processed either as a modification J
to the Point Beach Nuclear Plant license (security plan) a change to the regulations of Title 10,10 CFR 73.55, or considered in connection with possible amendments to Section 73.55 that the staff has presently under consideration.
If a change to the security plan is being sought, I will forward your petition to the Director of Nuclear Reactor Regulation ',o that he may
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consider it under that part of our regulations dealing with requests to modify the licenses.
Such a request is governed by Section 2.206 of 10 CFR Part 2 (copy enclosed).
In accord with that regulation you should supply further details on the action you request and facts supporting that request.
If a change to the regulation is being requested, I will send your commu-nication as a " Petition for Rulemaking" to the Secretary, U. S. Nuclear Regulatory Commission, in accordance with Section 2.802 of 10 CFR Part 2 (copy enclosed).
That section states that "The petition shall state the substance or text of any proposed regulation or amendment, or shall specify the regulation the rescission or amendment of which is desired, and shall state the basis for the request."
In this regard, it would be best if you also addressed more explicitly the requirements in that section of the regulations.
For example, it is not clear whether you would propose to eliminate searching of regular employees with a
" hands-on" search "when the licensee has a well-grounded suspicion that the individual may be carrying firearms, explosives or incendiary devices."
Similarly, the basis for your request should be developed more fully.
Finally, as you may be aware the staff has under consideration possible amendments go Section 73.55.
Your comments can be considered in connection with any rev'ision that may be made to Section 73.55 rather than a petition under Section 2.206 or 2.802.
2259 224
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Mr. Orville E. Krueger If you wish to discuss this issue before filing under Section 2.206 or Section 2.802, the staff of the Division of Operating Reactors in the Office of Nuclear Reactor Regulation is willing to meet with you and the regular plant employees of the Point Beach Nuclear Power Plant at a r.utually convenient time in the vicinity of the plant.
Arrangements for such a meeting can be made by contacting Mr. Charles Trammer (301-492-7070).
As you are aware the specifics of the Point Beach Nuclear Plant security system is considered proprietary information under 10 CFR 2.790(d) and as such is withheld from public disclosure.
Discussions of the issue must be held within this context.
Phase let us know how you wish to proceed in this matter.
If you have any questions on this please call Gerald L. Hutton, Division of Rules and Records (301-492-7086).
Sincerely, I
y seph M. Felten, Director Division of Rules and Records Office of Administration
Enclosures:
As stated 2259 225
'I y
Tillo 10-Ener0Y.
Chapter 1-Nuclear Regulatory Commission 9 't.402 ton, D.C., or (2) by mall or telegram h
addressed to the Director of Nuclear Itcactor llegulation, Director of Nucle-g
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sr Material Safety and Safeguards, Dl-t O
rector, Office of Inspection and En-1 forcement, as appropriate, U.S. Nucle-ar Hegulatory Commission. Washing-g ton, D.C. 20555. The requests shall N
specify the action requested and set N
forth the facts that constitute the t
basis for the request.
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. (b) Within a reasonable time after a Lf")
1 f
request pursuant to paragraph (a) of L.
thic section has been received, the DI:
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rector of Nuclear Reactor llegulation.
Director of Nuc! car Material Safety and Safeguards, Director Office of In-spection and Enforcement, as appro-le priate shall either institute the re-quested proceeding in accordance w!Lh this subpart or shall advise the person who made the request in writing that no proceedirig will be instituted in
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whole or in part, with respect to his request, and the reasons therefer.
(c)(1) Director's decisions under this section will be filed with the Office of the Secretary. Within twenty (20) days after the date of a Director's de-clsion under this section that no pro-k<
ceeding will be instituted or other i
setton taken in whole or in part, the
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Connmission may on its own motion
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review that deelston, in w. hole or in part, to determ:ne if the Director has
.I g 2.206 Itequeste for action under tids sul abused his discretion. This review P"
- power does not limit In any way either (a) Any person map, file a request for.
the Conuniss!on's supervisory power the Director of Nuclear Reactor Regu.
'I over delegatul Staff actions or the lation, Director of Nuclear Material -
Ccmmission's power to consult with Safety and Safet:uards, Director, the Staff on a formal or Informal basis Office of Inspection and Enforcement,}
regarding Institution of proceedings under this section.
as appropriate, to institute a proceed,s
.l ing pursuant to g 2.202 to modify, sus,
pend or revoke a license, or for auch
(2) No petition or other request for other action as may be proper. Such a.
Commission review of a Director's de-cision under this section will be enter-reques* shnll be addressed to the Dl, ;
rector of Nuclear Itcactor llegulation..
talned by the Commission.
1)lrector of Nucicar Materini Safety.,
and Safeguards, Director, Of fice of In-(sec. 201 as amended l'ub. I 93 438 es.
2 spection and Idnforcement, as appro,.
g, gg 3,ub. t 04-79. ce stu. 413'<42 3
. tmc. 68 81H palate, nnd shall be filed either (!) by. 1 delivery to the l'uhlic Document.
Itomn at 1717 11 Street NW., Washing.
in Fit 12353. Apr. 6,10% as amended at 42 Fit 3024D. July 14. toril
Title 10-Energy Chapter I-Nuclear Regulatory Commisalon Q 2.000 Sub O't H-Rule Making I" W I"38 J".'y 28.1972, P
ha amended at mission may grant addltlonal renson-3S FIL 35332. Ot t l.1914; 42 Fil 56951. Oct.
nble opportunity for the submission of 9 2.P00 Scope of rule making.
c mments.
This subpart governs the issuance,
! !.803 Determination of petition.
(b) The Commission mny hold Infor-p nmendment and repent of regulations No hearing will be held on the pett.
In which participation by interested tion unless the Commission deems it sons may be heard, adopting proci N
, persons is prescribed under section 553 ndvisable. If the Commission deter-dures which in Ita judgment will besN of title 5 of the United States Code.
entnes that sufficient reason exists, it serve the purpose of the hearing.
,(35 Fil ll459. Ji y g.
will publish a notice of proposed rule 9 2.806 Commlulon mellon.
rnaktng. In any other case, it will deny W
l2Mt Inittadon M ruie mnginr Y
the petition and will notify the pell.
The Commission will incorporate In tloner with a simple statement of the the notice of adoption of a regulat!on Rule making may be init!nted by the y
grounds of dental.
a concise general statement of its basisN Commlssion at its nwn instance, on '
and purpose, and will cause the notice the recommendation of another
{ 2.808 Notlee of proposed ride making.
and regulation to be published in the agency of the United States, or on tiu pet lttort of any other interesteb (n) When the Commission proposes FrnrnAL ItrotsTrn or served upon af-to adopt. amend, or repeal n regulatlon Iceted persons.
person.
It will cause to be published in the I 2.802 petitlan for rule making.
lrDrnAL ItroISTER a notice of proposed g tm mem date.
rule making, unless all persons subject The nottee of adoption of a regula.
Any interested person may petition to the notice are named and either nre tion will specify the effective date.
the Commission to issue, amend, or re-personnlly served or otherwise have Publication or service of the notice i
scind nny regulation. The petition actual notice in accordnnce with Inw.
nnd regulation, other thnn one ginnt.
should be nddressed to the Secretary.
(b) The notice willinclude:
Ing or recognizing exemptions or re,
U.S. Nuctent flegulatory Commission,
.j (1) Either the terms or substance of Ileving from restrictions, will be made f Washington, D.C.
20555. Attention; c : the ptoposed rule, or n specif tention of not less than thirty (30) days prior tol Chief, Docketing and Service Section..
the subjects and issues tnvolved; the effective date unless the Commis-The petition shall state the substance (2) The manner and time within slon directs otherwise on good cause or text of any proposed regulation or, which Interested members of the found nnd published in the notice of amendment, or shall speelfy the regu-public mny comment, and n statement rule making.
Intion the rescission or amendment of that copies of commenta mny be exam-which !s desired, nnd shall state the Ined in the Public Document Itoom; 9 2.803 Authority of the Secretary to rule basis for the request. The petitloh (3) The authority under which the on procedurnt matters.
may request the Commission to sus-regulation is proposed; pend all or part of any licensing pro-(o The time, place, and nature of When laicis, modons or @n ceeding to which the petitioner is n i
the public hearing,if any; pnpers listed herein are subm!tted to party pending disposition of the pett-(5) If a henring is to be held, destg-the Commission itself. as opposed to tion for rule innking. The Secretary nation of the presidhig officer and any offlects who have been delegated nu-will assign n docket number to the pe-special direct!ons for the conduct of thority to act for the Cornmission the tition. deposit n copy in the public doc.
l
. the hearing; and Secretnry or the Assistnut Secretary ument room, and cause notice of the (0) Sach exp!nnatory statement as are nut.horized to:
filing of the petition to be published in the Commiss!on may consider appro.
(n) I'rescribe schedules for the filing the PEDrnAr. ItEGrsTEn. Pubilcallon Wll)
- pglnte, of statements. inrormation, bricfs. mo-be limited by the requirements of sec-L ' (c) The publication or service of tions, responses or other plendings, tion 181 of the Act and may be limited.
,s. notice will be made not less than fif.
where such schedules may differ from by order of the Commission. The Dl-l teen (15) days prior to the time fixed those elsewhere prescribed in these rector, Division of Itutes and Records, for henring,if any, unless the Commis. rules or where these rules do not pre.
Of fice of Administration. or his desig-ston for good enuse stated in the scribe n schedule; nee. will prepare on n quarterly basis n
- notice provides otherwlse.
(b) Itule on motions for extensions summary of petitions for rulemaking of time; pending before the Commission, ln.
12.805 participatton by Interested per.
(c) Iteject motions, briefs. plendings, cluding the status thereof. A copy of sons-nnd other doemnents filed with the the report will be available for pubtle B
(n) The Commission will nfford in.
Commission Inter than the thne pre.
Inspect!nn and copying: f n the Commla-f g,erested t
persons nn opportunity to ticribed by the Secretary or the Assht-slon's Public 1)ocument floom, 1111 11 ntlicipnte in rule innking through the nut Secretnry or estnblished by nn' Street NW., Wnshinnton. D.C.
submission of stntements, information, order. rule, or regulation of the Com-(See 201 l'uh. I,. 93 43R, M Stat. 1243 (42 opInlons, and arguments In the rulssion unless good enuse is shown for g.h ggi9 rnanner stated in the notice. The Com.
the Inte filing; and I