ML19309D073
| ML19309D073 | |
| Person / Time | |
|---|---|
| Issue date: | 02/14/1980 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19309D060 | List: |
| References | |
| REF-10CFR9.7, RULE-PRM-2-5, TASK-CC, TASK-SE SECY-80-095, SECY-80-95, NUDOCS 8004100039 | |
| Download: ML19309D073 (107) | |
Text
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e UNITED STATES February 14, 1980_
NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20555 CONSENT cal.ENDAR ITEM For:
The Commissioners Fron:
Howard K. Shapar Executive Legal Director Thru:
William J. Dircks G
Acting Executive Director fo'r Operations
Subject:
DOCKET N0. PRM 2-5.
PETITION FOR RULE MAKING FILED BY THE STATE OF NEW HAMPSHIRE REQUESTING NRC AND SIX OTHER FEDERAL AGENCIES TO CONDUCT JOINT PROCEEDINGS TO ADOPT RULES TO ACHIEVE EFFICIENCY IN LICENSING THE CONSTRUCTION AND OPERATION OF NUCLEAR POWER FACILITIES
Purpose:
To obtain Conmission approval to publish a notice of denial of the petition (Attachre,t A) in the Federal Register.
Catecory:
This paper covers a routine matter requiring Commission consideration.
Discussion:
On October 31, 1978, the State of New Hampshire filed a petitionyorrulemakingwithNRCandsixotherFederal agencies-requesting the agencies to commence "...a joint proceeding to adopt rules designed to achieve efficiency in the grant or denial of all licenses required for the construction and operation of nuclear power facilities."
Sixteen specific objectives were enumerated in the petition.
These objectives ranged from the designation of NRC as the sole depository for all applications, including associated supporting docu-ments, for all licenses or other federal authorizations required for the construction and operation of nuclear power facilities, to the establishment of firm deadlines for all stages of the processing of such applications and provision for an automatic result favorable to the applicant whenever the agency fails to complete a proc-essing stage by the established deadline.
The full text of the petition is set out in Attachment F.
1/
Council on Environmental Quality
~ q0 p, 7 Environmental Protection Agency m
g r) dq])l$ M])l{ljbJU rb r0
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4 4 D
Secretary of the Army 7
Secretary of the Interior Secretary of State Secretary of Transportation
Contact:
J. R. Mapes 492-ssn 8 004100%OW
The Commissioners.
A notice of the filing of the petition was published in the Federal Register on November 30, 1978 (43 FR 56110-56111).
On Februar l
lished (44 FR 6532)y 1, 1979, a second notice was pub-extending the initial comment period to February 28, 1979.
Eleven letters of comment were received. A summary and analysis of these comments are attached (Attachment 8).
None of the other agencies to whom the petition was addressed have expressed much interest in the petition.
The Assistant Legal Adviser for Nuclear Affairs of the
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Department of State and the Director of the Materials Transportation Bureau of the Departmgt of Transporta-tion advised the petitioner directly-that it would be inappropriate for their respective Departments to participate in a joint rule making proceeding t'ecause the Departments are not empowered to license the con-struction and operation of domestic nuclear power plants.
In response to a recent telephone inquiry, the staff of the Council on Environmental Qu'ality has advised us that they do not plan to take any action-on the petition and that they have no objection to NRC action denying the petition.
Informal telephone checks with the staffs of the other Federal agencies named in the petition elicited similar responses.
The proposed Federal Reoister notice of denial of the petition (Attachment A) contains a brief summary of the public comments.
Appendix A to the notice, which will also be published in use Federal Register, lists the sixteen specific "results" sought by the petitioner, associated public comments and NRC staff views.
The proposed notice of denial expresses the Commission's paramount concern that, in addition to being efficient, the licensing process must be one which can be relied upon to adequately proMct the radiological health and safety of the public, cotes that some of the petitioner's objectives can be achieved under existing NRC regulations i
and memoranda of understanding with some of the agencies named in the petition, refers to the impa'ct of recent l
events at Three Mile Island Unit 2 Un the Commission's 4
2_/
See Attachment C for copies of letter dated November 9,1978 from L. D.
Santman, Director, Materials Transportation Bureau, Department of Trans-portation to David William Jordan, Esq., Division of Legal Counsel, Office of the Attorney General of the State of New Hampshire and letter dated
' December 15, 1978 from Ronald J. Bettauer, Assistant Legal Adviser for Nuclear Affairs, Department of State to David W. Jordan, Division of Legal Counsel, Office of the Attorney General of the State of New Hampshire.
I
The Commissioners priorities and states that following review and evalua-tion of lessons learned at TMI-2 changes in NRC licensing requirements and procedures can be expected.
Recommendation:
That the Comminion Approve the attached Notice of Denial of Petition (Attach-ment A) for publication in the Federal Register and close Docket No. PRM 2-5.
Note:
(a) A letter transmitting a copy of the Notice of Denial of Petition will be sent to the State of New Hampshire at the same time that the Notice is dispatched to the Federal Register for publication.
(AttachmentD)
(b) A copy of the Notice of Denial of Petition will be sent to each of the Federal agencies to whom the petition was addressed, i.e., CEQ, EPA, Army, Interior, State and Transportation.
(c)
Publication of the Notice of Denial of Petition does not constitute a major federal action signi-ficantly affecting the human environment.
Accord-ingly no environmental impact statement, negative declarat% or environmental impact appraisal need be prepared.
(d) The House Committees on Interior and Insular Affairs, Interstate and Foreign Commerce, and Government Operations, and the Senate Committee on Environment and Public Works will be informed.
(Attachment E)
(e) A public announcement will not be issued.
Coordina tion:
The Office of Nuclear Reactor Regulation, Office of Standards Development and the Division of Rules and Records in the Office of Administration concur.
DISTRIBUTION
((
) /44, fd Commissioners s
Commission Staff Offices Exec Dir for Operations Howard K. Shapar Regional Offices Executive Legal Director ACRS ASLBP ASLAP Secretariat
ATTACHMENTS A.
Proposed Federal Register Notice of Denial of Petition.
B.
Summary of Letters of Public Comment.
C.
Letter dated November 9,1978 from L. D. Santman, Director, Materials Transportation Bureau, Department of Transportation, to David William Jordan, Esq., Division of Legal Counsel, Office of the Attorney General of the State of New Hampshire.
Letter dated December 15, 1978 from Ronald J. Bettauer, Assistant Legal Adviser for Nuclear Affairs, Department of State, to David W. Jordan, Esq., Division of Legal Counsel, Office of the Attorney General of the State of New Hampshire.
D.
Proposed Letter to the State of New Hampshire.
E.
Proposed Letter for Congressional Committees.
F.
Background Information:
Text of New Hampshire Petition.
Federal Register Notice of Filing of Petition 43 FR 56110-56111, November 30, 1978.
Federal Register Notice extending comment period 44 FR 6532, February 1, 1979.
List of Commenters.
I Commissioner's comments or consent should be provided directly to the Office of the Secretary by cob Tuesday, March 4/ 1980.
Commission Staff comments, if any, should be. submitted to the Commissioners no later than Feb. ' 26,1980_, with an information copy to the Office of the i
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 informed when comments may be expected.
l This paper is tentatively scheduled for affirmation at an Open Meeting during 'the Week of March 10, 1980.
Please refer to the appropriate Weekly Commission Schedule, l
L when published, for a specific date and time.
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