ML19344B495
| ML19344B495 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/15/1980 |
| From: | Fahner T, Sekuler S ILLINOIS, STATE OF |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-OLA, NUDOCS 8010210279 | |
| Download: ML19344B495 (7) | |
Text
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.O In the Matter of g# a y,
General Electric Company (GE Morris Operation Spent Fuel Storage Facil y
gQ Docket No. 70-1308 (Amendment to SNM-1265C O
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PETITION FOR PROCEEDING AND HEARING IN S'
REFERENCE TO GENERAL ELECTRIC COMPANY'S-N APPLICATION FOR AMENDMENT TO LICENSE SNM-1265 AND MOTION FOR CONSOLIDATION The People of the State of Illinois by its Attorney General, TYRONE C. FAHNER, pursuant to 42 U.S.C. S2239 and 10 C.F.R.
S2.206 petitions the Director of the Division of Fuel C 'c.1 and Material Safety [ Director] United States Nuclear Regulatory Commission to order a proceeding and hearing be held in reference to an amendment sought _by General Electric Company [GE] to its license No. SNM-1265 for operation of the Morris Spent Fuel Storage Facility [ Morris].
1 Illinois further moves for consolidation of said hearing with the hearing already pending in regard to the renewal cc license No. SNM-1265.
i The Morris license, which grants permission to GE to receive, store, use and transfer spent nuclear fuel expired in August, 1980.
Since that date the Morris facility has continued to_ operate and presently operates under license No. SNM-1265 as u
provided by the timely application rule of the liministrative
-Procedure 5 U.S.C. 5558 (c) (2).
At the.present. time a i
proceeding is ongoing to determine wh;ther License No. SNM-1265 t
fj 8 010210_ g7q
- 7. -
+ will.be renewed. - A hearing is.pending before the Atomic Safety and Licensing Board to review issues relevant to renewal of the license and continued operation of Morris under that license.
After-the expiration of License No. SNM-1265.and after the-decision to~ hold a hearing in reference to the license renewal, General Electric. Company applied to the Director on_
l January 23, 1980 for a license amendment, designated " Revision C2",
which "would authorize the applicant to make changes in the Morris Operation facility and procedures, and perform tests and experiments
-without obtaining. prior approval from the Commission..."
[ Application of January 23, 1980 at 2].
The basis for this amendment 4
was. cited as 10 C.F.R..550.59, a'part of the regulations which does not apply _to away from reactor storage facilities, [AFRs] and proposed rule 10 C.F.R.
S72.
4, which, when and if finally promulgated would1 regulate AFRs, 3
-At-the time the' proposed amendment was requested it appeared that the licensing board inLthe license renewal proceeding would not consider the issues raised.by Revision C-2 because the Board had.
limited the scope of the_ renewal' proceeding so as to exclude contentions that would rely on the proposed Rule 72.
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_ Since the filing.of;the amendment request a change of circumstances, 1the~ final promugation.ofnPart2.72, has.alteredithe scope of the f
i LBoard's jurisdiction-in the-renewal.-proceeding.
An advance
-Lcopy of : the regulation. supplied to - the ' NRC ' Staf f states :
l An application for' renewal of the license for.the I
G.E.
Morris facility under 10 C.F.R. Part 70 was rec'eived on. February l 27,.1979 and-has been under review since that time.
As 10 C.F.R. Part 72 has becomeLeffective prior to; completion of this licen-
' sing action, such licensing action will proceed pursuant to 10 C.F.R. Part 72 which is specifically designed:to cover spent fuel storage in an ISFSI.
The Commission's supplement to the new--regulation clearly indicates that the amendment currently under consideration byLthe staff:should be reviewed instead'by the Board...Without Board review i
i there is no means by which-the public and intervenors admitted '.n I
j the license renewal proceeding'may. raise issues relevant to the i
continued. operation of Morris under a renewed license which'would
' incorporate any-amendment granted by the Director-prior to the 1:
renewal of the license by the ASLB.
As a Board decisionLto renew i
l Lthe G.E.
-license would allow-G.E. to operate Morris as specified t
4
-by-.the license and any amendments that may exist at the' point'in time Lth'eirenewaliwas granted,j it is-contraryfto legislative intent to
, remove consideration'of the' issues: involved'in the proposed amendment
< from ihe ;public chearing;on the renewal of -the license as a whole.
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. Illinois is entitled by right to a proceeding on request in respect to the proposed amendment by 42 U.S.C.
S2239.
Subject to the limitations of 10 C.F.R.
S S 2. 714 (a) and 2.715 Illinois is also entitled by right to a hearing on these same issues.
To effectuate this Illinois further moves to ' ave the proceeding on the proposed amendment consolidated with the ongoing proceeding which is addressing the renewal of the license as 1 whole.
As the amendment would merely modify the existing license which is already under consideration it would be illogical to convene an entirely separate Board and to necessitate the initiation of the full panoply of proceedings necessary to review a single, separate issue.
Obviously all parties seeking to intervene in the amendment proceeding should be afforded an opportunity to file petitions to intervene.
And those intervenors already admitted should be allowed to amend their petitions to include any contentions which might address the proposed amendment.
These functions can be economically and efficiently incorporated Anto the existing proceeding.
WHEREFORE, the PEOPLE OF THE STATE OF ILLINOIS respectfully requests the Director to suspend the current staff consideration of the proposed amendment to License No. SNM 1265, to order a proceeding to consider whether the amendment to said license applied for on January 23, 1980 should be granted, and to consolidate said proceeding
. and any hearing with the ongoing proceeding to consider renewal of:
General Electric Company's license No. SNM-1265.
Respectfully submitted,
_TYRONE C.
FAHNER Attorney General State of Illinois 0
BY:
SOSAN N.
SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph, Suite _2315
' Chicago, Illinois 60601 (312) 793-2491 OF COUNSEL:
GEORGE WM.-WOLFF l
Chief, Environmental Control Division JOHN VAN VRANKEN Chief, Northern Region Environmental Control Division l
ANNE RAPKIN
(
' Assistant Attorney General l
Environmental Control Division
'188 West Randolph, Suite 2315
-Chicago, Illinois 60601 (312) 793-2491' l
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l CERTIFICATE ~OF SERVICE I hereby certify that on this l5d1 day.of October, 1980 I served copies of the. foregoing Petition for Proceeding and Hearing in Reference to General Electric Company's Application l
for Amendment to License SNM-1265 and Motion for Consolidation dated October 15, 1980 upon each of the persons named on the attached Service List, by causing copies to L? icr: sited in j
-the U.S. Mail, in envelopes properly addressed and sealed, first class postage prepaid.
^
s A
BUSAN N.
SEKULER i
c i
,~
I SERVICE LIST l
r Andrew C. Goodhope, Esq.
Everett Jay Quigley.
~
l Chairman
~
R.R.
1 Box 378 3320 Estelle Terrace Kankakee, Illinois 60901 Wheaton, MD 20906 Mrs. Elaine Walsh (Patrick)-
Dr.-Linda W.
Little 33 Pheasant Trail 5000 Hermitage-Drive Wilmington, Illinois 60481 Raleigh, NC 27612 Ronald Szwajkowski, Esq.
Dr. Forrest J. Remick Mayer, Brown & Platt 305 E. Hamilton Avenue 231 South LaSalle Street State College, PA 16801 Chicago, Illinois 60604 Bridget.Little Rorem Robert Cushmar.
Essex, Illinois 60935 Cherry, Flynn & Kanter One IBM Plaza Edward Firestone, Esq.
Chicago, Illinois 60611 Legal Operation General Electric Company 175 Curtner Ave.,
Mail Code 822 San Jose, CA 95125 Atomic Safety & Licensing Board Panel l
U.S.
Nuclear Regulatory Commission l
Washington, D.C.'20555 Docketing & Service Section Office of the Secretary U.S.
Nuclear. Regulatory Commission l
Washington, D.C.
20555 Marjorie Ulman Rothschild Office of the Legal Director U.S. Nuclear Regulatory ~ Commission Washington,;D.C. 20555 1
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