ML19305A270
| ML19305A270 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/22/1979 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19305A269 | List: |
| References | |
| REF-10CFR9.7 SECY-A-79-009, SECY-A-79-9, NUDOCS 7903080608 | |
| Download: ML19305A270 (4) | |
Text
Cr d To yq Qpg UNITED STATES h
NUCLEAR REGULATORY COMMISSION ne sos.
ADJ U D IC ATO RY ITE_M
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Januan 22, 1979 '
CONSENT CALENDAR ITEM For:
The Commissioners From:
James A. Fitzgerald Acting Assistant General Counsel
Subject:
Hearing on Duke Power Company's Appli-cation for a License Amendment to Authorize Receipt and Storage of Spent Fuel from the Oconee Plant at the McGuire Plant
Purpose:
To present for approval an order dele-gating the Commission's review authority and functions in this proceeding to an Atomic Safety and Licensing Appeal Ecard Discussion:
Duke Power Company (Duke) has applied under 10 CFR Part 70 for an amendment to its Special Nuclear Material License No.
SNM-1773 to authorize the receipt and storage of Oconee Nuclear Station spent fuel at the McGuire facility.
43 Fed.
Reg. 32905 (1973).
Several petitions to intervene in the proceeding have been considered by an Atomic Safety and Licensing Board which has granted most of them.
h3 Fed. Reg. 52303 (1973).
However, the Licensing Scard denied the intervention petition filed by Natural Resources Defense Ccuncil (NEDC).
Supplemental Order Ruling on Petitions for Leave to Intervene (January 9, 1979).
NRDC has now =cved the Commission to designate an Appeal Ecard for this proceeding.
Without a specific delega-tion of authcrity 'cy the Ccmmission under 10 CFR 2.785(a), the Atomic Safety and Licensing Appeal Ecard has nc jurisdiction to review any decision by the Licensing Board for this proceeding.
The Appeal Board's existing appellate jurisdiction extends to proceedings en applications for licenses under Part 50
Contact:
Sheldon L. Trubach, GC
-r,-0g'u 7903080 6 0 8 2"
2 and "such other licensing proceedings under the regulations as this Commission may specify."
10 CFR S 2.785 In proceedings arising under Part 70 and other parts of the rules the Commission has delegated its authority on a case-by-case basis.
We recommend that the Commission direct the Chairman of the Atomic Safety and Licensing Appeal Panel to compose an Appeal Board for this proceeding, and that the Commission delegate its review functions in this proceeding as provided for by 10 CFR 2.785(a)(2).
This dele-gation would cover all aspects of the proceeding including any appeal by URDC of the denial of its petition to inter-vene. Appeal Board review appears more appropriate than direct Commission con-sideration of the factual issues which will probably be raised during this proceeding.
The matter has been discussed with Chairman Rosenthal, who anticipates that a delegation will be forthcoming.
One appeal (for an extension of time to appeal) has already been filed with the Appeal Board by NRDC.
A draft order delegating Commission authority is attached.
James A. Fitzgerald Acting Assistant General Counsel
Attachment:
Order
- Commissioners' comments of consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, February 1, 1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT January 26, 1979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of February 5,1979.
Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION:
Commissioners Commission Staff Offices Secretariat
~
UNITED STATES OF AMERICA
~,
NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION
)
In the flatter of
)
DUKE POWER COMPANY
)
)
Docket No. 70-2623 (Amendment to Materials License
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SNM-1773 for Oconee Nuclear
)
Station Spent Fuel Transportation )
and Storage at McGuire Nuclear
)
Station)
).
)
ORDER Pursuant to 10 CFR 2.785(a)(2) the Commission directs the Chairman of the Atomic Safety and Licensing Appeal Panel to appoint an Atomic Safety and Licensing Appeal Board for this proceeding, and authorizes that Board to exercise the authority and perform the functions which would otherwise have been exercised and performed by the Commission in this proceeding, subject to the possibility of later Commission review pursuant to 10 CFR 2.786.
For the Commission SAMUEL J. CHILK Secretary of the Commission Dated at Washington, D.C.
this day of January, 1979.