ML19336A546
| ML19336A546 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 10/27/1980 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-CPA, NUDOCS 8010300043 | |
| Download: ML19336A546 (5) | |
Text
_ _ _ _ _ _ _
yf o,
UNITED STATES y'e(
)
NUCLEAR REGULATORY COMMISSION 5
.*a b
E o Q. -
rt WASHINGTON. D. C. 20555 October 27, 1980 Ms. C. Jean Bishop, Secretary Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.
20555 In the Matter of NORTHERN INDIANA PUBLIC SERVICE COMPANY (Bailly Generating Station, Nuclear-1)
Docket No. 50-367 (Construction Permit Extension)
Dear Ms. Bishop:
Regarding your letter of October 22, 1980, the Federal Register notice of opportu-nity for hearing in connection with the Bailly construction permit amendment was issued by the Director of Nuclear Reactor Regulation [NRR) pursuant to the prin-cipallicensing functions associated with the construction and operation of nuclear reactors licensed under the Atomic Energy Act of 1954, as amended, which he performs on behalf of the Commission.1) The Director of NRR's authority to issue reactor permits and licenses carries with it the concomitant duty to provide the Federal Register notice of licensing actions, such as construction permit amend-ments, for which a statutory opportunity for hearing exists under Section 1 9(a) of the Atomic Energy Act. Prior notice of opportunity for hearing regardin a
o construction permit amendment may be dispensed with ifit is determined that the amendment involves no significant hazards consideration 2/ as is the case with the present permit extension application. In the instant matter, the Lirector of NRR elected to provide a prior opportunity for hearing as a matter of discretion.
Clearly, his duty to provide the appropriate notice of the proposed action is the lj See Section 203(b)(1) of the Energy Reorganization Act of 1974 and 10 C.F.R.
$ 1.61; see also Chapter 0123 of the Nuclear Regulatory Commission Manual, entitled " Organization and Functions, Office of Nuclear Reactor Regulation,"
which contains the definitive statement of the NRC's delegation of authority to the Office of NRR. 10 C.F.R. f 1.2. Sections 031-0315 of this chapter of the NRC Manual describe the express delegations of reactor licensing authority to the Director of NRR. Section 032 of this chapter delegates him the authority, inter alia, to issue construction permit amendments.
2/
Atomic Energy Act, Section 189(a).
O Q
U O3000/f 3
same as if such prior notice was otherwise required. Indeed,10 C.F.R.
$ 2.105(a)(4) makes this responsibility clear.3/
Pursuant to NRC Manual Appendix 0123, Part II, Section F, the Director, Division of Project Management (now Division of Licensing) within the Office of NRR, was delegated the authority possessed by the Director of NRR to issue construction permit amendments specified in Section C32 of Chapter NRC-0123. Pursuant to the Licensing Project Managers' Handbook, revision 8, dated December 30, 1977, Branch Chiefs within the various divisions of NRR had been delegated the authority to sign all notices to the Federal Register on behalf of the Director of NRR. See Appendix D, page 10-1 (copy attached). This handbook was distributed to the Commission, all Division Directors within the Office of NRR and a copy placed in the Commission's public document room. This delegation of signature authority finds most recent expression in the Director of NRR's Office Letter No. 26, Revi-sion 4, dated October 16,1980 (copy attached). At the time the notice in question was issued, Mr. Lester Rubenstein was an Acting Branch Chief in the Division of Project Management. The Bailly project was assigned to his particular branch and, accordingly, he signed the subject notice.
Sincerely,
/
, Nw NM Steven C. Goldberg Counsel for NRC Staff Alan S. Rosenthal, Esq.
Dr. George Schultz cc:
Dr. John H. Buck John Van Vranken, Esq.
Mr. Thomas S. Moore Mr. Clifford Mezo Herbert Grossman, Esq.
William H. Eichhorn, Esq.
Mr. Glenn O. Bright Diane B. Cohn, Esq.
Kathleen H. Shea, Esq.
Atomic Safety and Licensing Robert J. Vollen, Esq.
Board Panel Edward W. Osann, Jr., Esq.
Atomic Safety and Licensing Robert L. Graham, Esq.
Appeal Board Panel George and Anna Grabowski Docketing and Service Section 3]
This regulation provides, in material part, that the Commission must publish in the Federal Register a notice of proposed action for any amendment as to which it determines that an opportunity for a public hearing should be afforded.
The term " Commission" as used therein means the five-member Commission or any officer to whom has been delegated the appropriate authority pursuant to Section 161(n) of the Atomic Energy Act. 10 C.F.R. $ 2.4(e). The Director of NRR is the officer to whom the Commission's authority to pro-cess and issue construction permit amendments has been delegated.
~
I a
L I
C E
N S
I N
G P
R 0
J EC T
M A
N A
G E
R S
4 H
A N
D B
0 0
K 1
U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Division of Project Management l
May 1, 1973 Revision 1:
September 10, 1973 Revision 2:
December 14, 1973 Revision 3:
May 1, 1974 Ik Revision 4:
October 1, 1974 Revision 5:
May 1, 1975 Revision 6:
December 15, 1975 Revision 7:
September 15, 1976 Revision 8:
December 30, 1977 4
T r -
D-1 DIVISION OF PROJECT MANAGEMENT - SIGNATURE LEVEL AUTHORITY ITEM 1.
Notices to the Federal Register Branch Chief 2.
Safety Evaluctions a.
For CP's and OL's Assistant Director b.
For other licensing actions Branch Chiefs 3.
Power Reactors - Construction Permits, LWA's, Operating license:., PDA's and FDA's Director 1/
4.
All authorizations pennitting iner eases in power level, up to full power Director 1/
5.
Amendments and Orders to Construction Permits and Operating Licenses, Through Full Power Operation, Which Involve Significant Hazards Considerations a.
Those involving changes to the technical specifications, changes in facility procedures, or authorizing the conduct of tests or experiments Assistant Director b.
All Others Director 1/
6.
Amendments and Orders to Construction Permits and Operating Licenses, Through Full Power Operations, Which Involve No Significant Hazards Considerations a.
Those involving changes to the technical specifications, changes in the facility procedures, or authorizing the conduct of tests or experiments Branch Chief b.
All Others Director 1/
Revision 8 December 30, 1977
l D-2 1
ITEM SIGNATURE 7.
Letters to Applicants:
Acceptance Review, Exemption requests, a.
LWA, rejection of application for QA, certifications, and other actions re-flecting Commission final approval or disapprosal position (Memorandum to Director on results of acceptance re-view is signed by the Branch Chief)
Director 1/
b.
All routine correspondence related to the normal processing of applications and related safety reviews (routine questions, site visits, acknowledgement of tendered application)
Branch Chief All Other correspondence (the BC is c.
expected to determine whether the subject matter goes beyond the nor-mal process, and should be signed at a higher level)
Assistant Director 8.
Letters to JCAE Routine transmittals (e.g. reports, a.
Federal Register Notices)
Form Transmittal b.
All other correspondence Director 1/
9.
Letters to Consultants Transmitting Branch Chief (1st Documents trans.) Form Trans.
for subsequent Material 10.
Letters to Governors, State Officials, and Local Officials:
Routine transmittals forwarding copies Branch Chief (1st a.
of SAR and notices trans.) Form Trans.
for subsequent Material b.
Other routine correspondence related to specific cases Branch Chief c.
All other correspordence Branch Chief Revision 8 December 30, 1977
.