ML19344B496
| ML19344B496 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/15/1980 |
| From: | Fahner T, Sekuler S ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8010210282 | |
| Download: ML19344B496 (6) | |
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g DO* EED 9-J UNITED STATES-OF AMERICA USNRC' NUCLEAR REGULATORY COMMISSION D
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BEFORE T3E SAFETY AND LICENSING BOARD Branch In the Matter of
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GENERAL ELECTRIO COMPANY
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Docket No. 70-1308
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Renewal of SNM-1265 GE dorris Spent Fuel Storage Facility)
JTION TO STAY PROCEEDINGS Intervenor, the PEOPLE OF THE STATE OF ILLINOIS, by its attorney TYRONE C.
FAHNER, Attorney General, moves this Board to stay all proceedings, including discovery, in the above-captioned
,cause of actionLuntil 30 day days past the effective date of 10 C.F.R. Part 72.
In support of its motion Intervenor states as follows:
1.
On June 4, 1980 the Board issued its ORDER RULING
-ON CONTENTIONS OF THE PARTIES in this proceeding [ ORDER].
2:.
The Order designated the scope of the license renewal hearing and the issues or contentions to be discussed in the hearing.
3.
The Order and the contentions admitted by the Board reflect the Board's decision not-to consider any insues referencing or alluding to 10 CFR Part 72 of the NRC Rules 2.
'bgulations.
Th'e Board stated in its Order:
8 010210 GLTR
. As has been frequently pointed out, this 4
proceeding involves an application to renew an' existing license to continue present activities. 10 C.F.R. Part 72 is a: proposed rule, Storage of Spent Fuel in an Independent Spent Fuel Storage Installation (43' Fed. Reg. 46390).
Whether-the Morris facility will. ultimately comply with a proposed regulation is not material to this proceeding. Order at'9.
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4.
Therefore the existing proceeding will not provide a forum in which any aspect of Proposed Rule 72 and its relation to Mctris :may be considered.
5.
On September 19, 1980_the Nuclear Regulatory Commission 4
approved a new Part 72 entitled " Licensing Requirements for the j
Storage of Spent Fuel in an Independent Spent Fuel Storage Icstal-i i
lation."
This final Rule is to be published in the Federal Register in early October and will become effective 45 days from publication.
The Board has!had notice that the rule was finally promulgated.
See Letter of Richard G. Bachmann to P0ard Members dated September 25, 1980 attached hereto as Exhibit A and incorporated herein by reference.
6.
In promulgating the new rule the Commission provided that Rule 72-would apply to the license renewal proceeding for Morris.
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3-l The advance copy of the regulation provided to the NRC Staff stated:
An application for renewal of the license for the G.E.-Morris facility under 10 CFR Part 70 was received on February 27,.1979 and has been unde r review since that time.
As 10 CFR Part 72 has become effective prior to completion of this licensing action, such licensing action l
will proceed pursuant to 10 CFR Part 72 which is specifically designed to cover spent fuel storage in an ISFSI.
This is expected to result in some procedural delays in the G.E.-
Morris proceedings.
7.
Following the notice of the new rule the NRC Staff informed this Board that due to the new Rule a delay in issuance of the Safety Evaluation Report for Morris was anticipated.
See Letter from Richard G. Bachmann to Board Members dated September 26, 1980 attached hereto as Exhibit B and incorporated by reference herein.
8.
Promulgation of the rule makes it necessary for the Applicant to remssess its application and to make necessary revisions l
as required by the new Rule.
l 9.
'As the contentions now in issue in this proceeding do not reflect the new Rule, time is needed by the Board, the Applicant, the Staff and the Parties to receive and analyze the Rule and to l
determine how it applies to the proceeding as a whole.
Such delays were anticipated by the Commission (See Paragraph 6 above)
. 10.
Until issues are redefined discovery in this proceeding cannot progress.
WHEREFORE, Intervenor, the PEOPLE OF THE STATE OF ILLINOIS requests this noard to stay these proceedings until 30 days after the effective date of Rule 72 in order to allow all parties to familiarize themselves with the rule and take any necessary action dictated thereby.
Respectfully submitted, TYRONE C.
FAHNER Attorney General State of Illinois BY:
GN1 SUSAN N.
SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315 Chicago, Illinois 60601 (312) 793-2491 OF COUNSEL:
GEORGE NM. WOLFF Chief, Environmental Control Division JOHN VAN VRANKEN Chief, Northern Region i>
Environmental Control Division ANNE RAPKIN Assistant Attorney General Unvironmental Control Division 188 West Randolph, Suite 2315 Chicago, Illinois 60601 (312) 793-2491
CERTIFICATE OF SERVICE t
I, hereby certify that.on this 15th day of October,
- 1980 I. served. copies of the foregoing Motion to stay Proceedings upon each of the persons. named-on the attached Service List, by causing. copies to be : deposited in the -U.S.
Mail, in' envelopes properly addressed and sealed, first class postage prepaid.
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_O SUSAN N.
SEKULER 1
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1 SERVICE LIST 4
Andrew C. :Goodhope, Esq.
Everett Jay Quigley Chairman R.E.
1 Box 378 3320 Estelle Terrace Kanksk'e, 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 Cushman Essex, Illinois 60935 Cherry, Flynn & Kgnter 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
[U.- S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing & Service Section Office of the Secretary a
U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Marjorie Ulman Rothschild
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Nuclear Regulatory Commission Washington, D.C.
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Sepi.emb er 25, 1980 Andrew C. Goodhope, Esq., Chairman Dr. Linda W. Little Atomic Safety and Licensing Board 5000 Hermitage Driva//lLLIAM J. SCO i i 3320 Estelle Terrace Raleigh, NC 27612 ATTORNEY GENERAL Wheaton, MD 20906 Dr. Forrest J. Remick 305 East Hamilton Avenue State College, PA 16801 In the Matter of General Electric Company (GE Morris Operation Spent Fuel Storage Facility Docket No. 70-1308 (Renewal of SNM-1265) dear Members of the Board:
This is to advise the Board that, in an affirmation session on September 19, 1980, the Commission approved a new Part 72 to Volume 10 of the Code of Federal Regulation entitled " Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation." The regulation in its final form, to be published in the Federal Register, has not yet been distributed.
When it becomes available, the Staff will forward copies to the service list in this proce2dit.g.
It should be noted that in an advance copy of the regulation, the Supplenantary information states:
An application for renewal of the license for the G.E. -
Morris facility under 10 CFR Part 70 was received on February 27, 1979 and has been under review since that time.
As 10 CFR Part 72 has become effective prior to completion of this licensing action, such licensing action will proceed pursuant to 10 CFR Part 72 which is specifically designed to cover spent fuel storage in an ISFSI.
This is expected to result in some procedural dealys in the G.E. - Morris pro-ceedings.
The Staff anticipates publication of this regulation in early October, 1980.
The effective date is to be 45 days after publication.
Sincerely, es J
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.ichard G. Bac.mann Counsel for NRC Staff cc:
Service List btAp c_
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RECEIVED
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OCT 21980 September 26, 1980 WILLIAM J. SCOTT ATTORNEY m m Andrew C. Goodhope, Esq., Chairman Dr. Linda W. Little Atomic Safety and Licensing Board 5000 liermitage Drive 3320 Estelle Terrace Raleigh, NC 27612 Wheaton, MD 20906 Dr. Forrest J. Remick 305 East Hamilton Avenue State College, PA 16801 In the Matter of General Electric Company (GE Morris Operation Spent Fuel Storage Facility Docket No. 70-1308 (Renewal of Sri-1265)
Dear Members of the Board:
This is to inform the Board that, due to the recent Commission approval of Part 72, noted in my letter of September 25, 1930, the Staff anticipates a dalay issuing the Safety Evaluation Report for the Morris Operation.
The Staff is currently reviewing material in its possession in light of the new regulation.
Since it may be necessary to require additional information from the applicant, a firm date'for the issuance of the report cannot new be given.
The Staff will inform the Board and parties as soon as a cemple-tion date is established.
Sincerely, c
Richard G. Eachmann Counsel for NRC Staff cc:
Service List froo43Oo9E7
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