ML19305A908
| ML19305A908 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 02/06/1980 |
| From: | Kirshen A, Lima P KIRSHEN, A.H., METROPOLITAN AREA PLANNING AGENCY, OMAHA, NE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML19305A905 | List: |
| References | |
| RULE-PRM-2-10 PRM-2-10, NUDOCS 8003180568 | |
| Download: ML19305A908 (9) | |
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f-md UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In re Petition for Rule Making)
Docket No.
pursuant to 10 CFR S 2.802
)
PETITION FOR RULE MAKING COMES NOW the Citizens Advisory Board of the Metropolitan Area Planning Agency, and for its Petition for Rule Making states as follows:
1.
The Citizens Advisory Board of the Metropolitan Area Planning Agency 04APA) was created by said Agency, a council of public officials in the Omaha, Nebraska-Council Bluffs, Iowa metropolitan area, to serve in an official advisory capacity to that body in the planning of matters of concern to the metropolit*n area, and to provide a means of review and citizen input with respect to matters of community or regional concern, independent of official MAPA action or position.
2.
By virtue of the public interest in its safety and well-being, and by virtue of recent events which have caused public concern about the safety and reliability of nuclear energy facilities, and by virtue of the growing Governmental recognition of the desirability of public input into Govern-mental decisionmaking processes, as exemplified by the large number of statutes and regulations requiring citizen advisory boards and/or public hearings as a part of the administrative 800318
process, including particularly the Administrative Procedure Act and 5 U.S.C.
S 554(c) thereof, an informal public hearing should be required in every instance of issuance, amendment, modification, suspension or revocation of a facility operating license; provision should be made for any interested person to be permitted to request a formal hearing pursuant to 10 CFR S 2.105, without being required to intervene and make the showings required by 10 CFR S 2.714; all interested persons should be permitted to participate in a limited manner in all aspects of a proceeding for issuance, amend-ment, modification, suspension or revocation of a facility operating license; and all interested persons should have the opportunity to observe all aspects of a licensing pro-ceeding by the scheduling of such proceedings at a place reasonably proximate to the facility in question.
3.
To the ends of establishing a procedure for an informal public hearing, Petitioner proposes as follows:
a.
10 C.F.R. S 2.105 should be amended as follows:
a.
If a formal hearing is not required by the Act or this chapter, and if the Commission hes not found that a formal hearing is in the public interest, it will, prior to acting thereon, cause to be published in the FEDERAL REGISTER a notice of proposed action with respect to an application for:
(1)
A license for a facility; (2)
A license for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee; or; (3)
An amendment of a license specified in paragraph (a) (1) or (2) of this section and which involves a significant hazards consideration;
i y
(4)
Any other license or amendment as to which the Commission determines that an opportunity for an informal public hearing should be afforded, or as to which a hearing is requested by 5 or more persons.
In the case of an application for an operating license for a facility of a type described in S 50.21(b) or S 50.22 of this chapter or a testing facility, a notice of opportunity for hearing shall be issued as soon as practicable after the application has been docketed.
b.'
The notice of proposed action will set forth:
(1)
The nature of the action proposed; (2)
The manner in which a copy of the safety analysis and of the ACRS report, if any, may be obthined or examined.
cs The notice of proposed action will provide thi
, within thirty (30) days from the date of pub J, cation of the notice in the FEDERAL REGISTER, or such lesser period authorized by law as the Com-mission may specify:
(1)
The applicant may file a Request for a Formal Hearing; and (2)
Any person whose interest may be affected by the proceeding may file a petition for leave to intervene; and (3)
Any five (5) persons whose interest may be affected by the proceeding may file a Request for a Formal Hearing.
d.
If no request for a fcJ c1 hearing is filed within the time prescribed in the notice, the Director of Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as eppropriate, will cause to be published in one or more newspapers of general circulation reasonably proximate to the facility or site of waste disposal, a Notice of Informal Public Hearing (or other Notice reasonably calculated to apprise all interested parties), which will set forth the nature of the action proposed, together with the time, date and place of an informal public hearing on said proposed action, at which all interested persons may appear, ease questions, obtain answers and make comments to the licensee, other appropriate repre-sentatives of vendors and/or consultants of the licensee, the staff of the Commission.
The time and place of said informal public hearing shall be established to make same reasonably accessible to the majority of persons potentially affected by the action proposed.
i
i e.
An informal public hearing will be reported under the supervision of the presiding officer by the..
best practicable means.
Following a brief presen-i tation by the licensee and other appropriate representatives of vendors and/or consultants of the licensee with respect to the action proposed, the staff of the Commission may make such presen-tation as the circumstances shall warrant.
There-after, all interested persons shall have the opportunity to ask questionc. obtain answers to the best of the ability of the 1icensee, represen-tatives of vendors and/or consultants, and the staff of the Commission, as appropriate, and to make comments; provided, however, that such questions and comments shall be germane to the action proposed.
Such questions and comments shall be considered by the Commission and its staff, and by Atomic Safety and Licensing Appeal Boards in their respective delib-erations.
Any such questions or comments which are not germane shall not be considered.
f.
If a request for a formal hearing is filed within the time prescribed, as hereinabove set forth, the Commission or an atomic safety and licensing board designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel will rule on the request and/or petition and the Secretary or the designated atomic safety and licensing board will issue a notice of hearing or an appropriate order.
If such request for formal hearing shall be denied, the Director of Nuclear Reactor Regulation or the Director cf Nuclear Material Safety and Safeguards shall proceed to convene an informal public hearing in accordance with this Section.
g.
Applications for facility licenses under section 103 of the Act and for facility operating licenses under section 104b of the Act as to which any person intervened or sought by timely written notice to the Commission to intervene in the construction permit proceeding to obtain a determination of antitrust considerations or to advance a jurisdictional basis for such determination are also subject to the provisions of SS 2.101(b) and 2.102 (d).
b.
In Sections 2.750, 2.751, Title 10, CFR the word " formal" should be inserted before the word " hearing" wherever it appears.
c.
10 CFR S 2.757 should be modified to add the following:
(e)
The provisions of this Section shall be applicable to informal public hearings as well as formal hearings.
4.
To the end of permitting interested persons to request for a formal hearing without being require.d to intervene and make formal showings, Petition proposes as follows:
a., 10 CFR S 2.105 should be modified as hereinabove set forth, b.
10 CFR S 2.714 (a) (2) should be modified as follows:
" A Petition for Leave to Intervene shall set forth with particularly the interest of the petition in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to intervene, with particular reference to the factors in paragraph (d) of this Section, and the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
A request for formal hearing shall set forth generally the interest of the requestor in a formal hearing, the reasons why an informal hearing is insufficient in the premises; the specific aspect or aspects of the subject matter of the proceedings as to which a formal hearing is sought; and, if no petition for leave to intervene has been filed, the reasons why a formal hearing should be held in the absence of any petition for leave to intervene.
c.
10 CFR S 2.714 (e) should be modified to add the following:
(4)
Avoiding evidence and argument not related to the specific aspect or i
aspects of the subject matter of the pro-ceeding for which a formal hearing has been sought or as to which a petition for leave to intervene has been directed.
l
In the absence of any intervenors, a formal hearing should proceed in accordance with Section 2.715, of this Title.
5.
To the end of permitting all interested persons to participate in a limited manner in all aspects.of a proceeding, Petitioner proposes as follows:
a.
10 CFR S 2.715 should be modified as follows:
(1) A person who is not a party sh'all be permitted to make a limited appearance by making an oral or written statement of his position on the issues at any session of the hearing, prehearing conference or special prehearing conference, within such limits and on such conditions as may be fixed by the presiding officer.
He may, in the discretion of the presiding officer, be permitted to otherwise participate in the proceedings within such limits and on such conditions as may be fixed by the pre-siding officer.
(2)
The Secretary will give notice of all hearings, pretrial conferences, special pretrial conferences, oral arguments and any informal proceedings to any person who requests it prior to the issuance of the notice, and will furnish copies of all such notices to any persons who so request thereafter.
The Secretary shall further furnish copies of a31 pleadings and papers of record to any person who requests same, and shall l
further furnish copies of all papers as they become of record to any person who so requests.
All memoranda of forthcoming meetings between Commission staff and l
representatives of a licensee and/or representatives of vendors and/or consultants of licensees, and all minutes of such meetings, shall be transmitted to the Secretary for inclusion in the record of such pro-ceedings, and may be transmitted directly by Commission personnel to interested persons who have made a request, in lieu of transmittal by the Secretary.
l 6.
To the end of permitting all interested person to have the opportunity to be informed as to all aspects of a proceeding for license issuance, amendment, modification, suspension or revocation, and to the end of permitting public access to all aspects of such proceedings, Petition proposes the following:
a.
10 CFR S 2.715 should be modified as hereinabove set forth.
b.
10 CFR S 2.751 should be modified as follows:
(a)
Except as may be required by the Act, all ir, formal hearings, formal hearings, pretrial conferences, special pretrial confer-ences, oral arguments, and all informal pro-ceedings, including meetings between Commission staff and representatives of the licensee and/or representatives of consultants and/or vendors for the licensee shall be public.
All hearings shall be held at a site and time reasonably calculated to make same reasonably accessible to the majority of persons potentially affected by the action proposed, which should normally be proximate to the facility concerned.
All pretrial conferences, special pretrial conferences, and informal proceedings shall, upon the request of any interested party, similarly be held at a site and time reasonably calcu-lated to make some reasonably accessible to the majority of persons potentially affected by the action proposed.
Notice of such pro-ceedings shall be disseminated sufficiently in advance of same as to allow time for such a request to be made, and such proceedings re-scheduled if required.
7.
Petitioner asserts that the foregoing request for rule making are in the public interest and should be handled in accordance with Subpart H, Part 2, Title 10, Code of Federal Regulations, 10 C.F.R.
S 2.801 et sea.
\\
WHEREFORE, your Petitioner prays that the Commission initiate rulemaking procedures in accordance with the foregoing Petition for Rule Making.
Respectfully submitted, METR POLI ~ VISORY BOARD CITIZ W.
i AREA PLANNING AGENCY
/.
hE 772L
/
Peter M.
Lima, Chairman A1)N rshen, Chairman Citizens Advisory Board Natural Resources Committee Ci:izens Advisory Board Alan H. Kirshen, Attorney in fact for said Citizens Advisory Board Creighton University School of Law 2133 California Street Omaha, NE 68178 e
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In re Petition for Rule Making)
Docket No.
pursuant to 10 C.F.R. S 2.802 )
CERTIFICATE OF SERVICE I hereby certify that copies of the Petition for Rule Making in the above-captioned proceeding have been served on the following by deposit in the United States Mail, first class, postage prepaid, to the following persons:
Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Harry H. Voigt, Esq.
Le Boeuf, Leiby & Macdae, 1333 New Hampshire Avenue, N.W.
Washington, D.C.
20036 Joseph R. Gray, Esq.
Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Lloyd C. Shalla General Manager Omaha Public Power District 1623 Harney S treet Omaha, NE 66102 Harold Denton, Esq.
Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission
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Washington, D.C.
20555 j
',j, u A 'f W -
Ilan H. Kirshen, Attorney March 13, 1980 I
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