ML20010C317
| ML20010C317 | |
| Person / Time | |
|---|---|
| Issue date: | 08/17/1981 |
| From: | Stephen Burns NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108190346 | |
| Download: ML20010C317 (5) | |
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- e UNITED STATES OF AMERICA NUCLEAR REGULATORY C0ftMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the iht.ter ei
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Docket No.35-100 ALL TELETHERAPY LICENSES
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NRC STAFF RESPONSE TO JULY 27, 1981 f G A +;#
y FILING 0F MC-AAPM
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y, On May 7,1980, the Director of th' Division of Fuel Cycle
/j g Material Safety, Office of Nuclear Material Safety & Safeguards, issued identical immediately effective orders to all teletherapy licensees which modified their licenses to require, inter alia, installation of radiation monitors in each teletherapy room. The Midwest Chapter of the American Association of Physicists in 11edicine (MC-AAPM), u non-licensee, requested a hearing. On February 25, 1981, the Staff filed a response to MC-AAPM's r quest asshMi.y that the petitioner has not established its standing to request a hearing on the order and that consequently the request should be denied. On March 8,1981, MC-AAPM responded to the Staff's filing. The Staff responded to that document on April 6,1981, concluding that the additional statements submitted by MC-AAPM did not alter the fact that it lacks the requisite standing to request a hearing. On July 27,198!, MC-AAPM filed a reply to the Staff's April 6,1981 pleading. _1f 1/ Although the regulations in 10 CFR 2.714 do not allow for replies to a Staff answer to a petition tn intervene, 10 CFR 2.714(a)(3) permits the filing of amen 6 :s to petitions. The Staff has so treatt.d MC-AAPM's latest filir.g. S it did the March 8,1981 MC-AAPM doct;nent.
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The current filing is merely an elaboration of various points made before by the petitioner without correcting the fundicental defect in MC-AAPM's request for a hearing. That is, there has been no particularization of how MC-AAPM, or any member who MC-AAPM has been authorized to repre-sent, could be adversely affected by any of the orders issued to teletherapy licensees.
It must be recognized that there are involved here over 300 separate, albeit identical, o"ders which modified over 300 individual licenses. MC-AAPM has not identified how it will be hareed by the action of modifying a particular license.
While a few licensees sought amendments to their licenses, no licensee requested a hearing on the modifications imposed by the thy 7,1980 Orders.
All indications are that the licensees have implemented the required changes to their cperations. Yet, "C-AAPM seeks to alter the license conditions of some or all of the teletherapy licensees without their participation or even an expression on their part of dissatisfaction with the required changes to their operations.
If, for the sake of argument, one were to assume that MC-AAPM had established standing and prevailed on an I
argument that one of the ordered modifications should not be imposed, wnat relief could be granted? Which license would be modified?
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i The Staff does not dispute that the MC-AAPM has an interest in and expertise in the field of medical teletherapy, but that general interest is not sufficient under the Cornission's rules and case law to establish standing to request a hearing on an ordered modification of a specific license.
See Allied-General Nuclear Services (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420, 421-422 (1976); Nuclear Engineering Co. (Sheffield, Illinois, Low-Level Radioactive Waste Disposal Site), ALAB-473, 7 NRC 737, 740-743 (1978): Houston Lighting
& Power Co.
(Allens Creek Nuclear Generating Station, Unit 1),
ALAB-535,9NRC377(1979). There must he a concrete demcnstration that harm to the petitioner (or in this case to those it represents) will or could flow from the modifications of a particular license by one of the May 7, 1980 Orders. Nuclear Engineering Co., supra, 7 NRC at 743.
The ir.terests and concerns which MC-AAPM has expressed are in reality generic in nature and address a number of issues which MC-AAPM believes the NRC should consider in developing requirements for medical teletherapy licensees. The appropriate remedy for an organization such as MC-AAPM is the filing of a petition for rulemaking pursuant to 10 CFR 2.802 where the change sought is generic in nature or a petition for action under 10 C.F.R. 2.206 to modiff the license require-ments imposed on a particular licensee or licensees, y 2/
In this regard, tr Staff notes that a rulemaking action on the matter of radiation monitoring requirements in teletherapy rooms is in preparation by the Staff.
In conclusion, for the reasons stated above and in the Staff's previous filings of February 25, 1981, and April 6, 1981, the MC-AAPM request for a hearing on the Orders issued May 7,1980 to all teletherapy licensees should he denied.
Respectfully submitted, Stephen G. Burns Counsel for NRC Staff 1
Dated at Bethesda, Md.
this 17th day of August,1981 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING C0ARD In the Matter of All Teletherapy Licenses
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Docket No.35-100 (0)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO JULY 27, 1981 FILING 0F MC-AAPM in the above-captioned proceeding have been served on the following by deposit in the United State.; mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of August,1981.
Mr. Andrew C. Goodhope Dr. Kenneth A. McCollom 1107 West Knapp Street 3320 Estelle Terrace Wheaton, Maryland 20906 Stillwater, Oklahoma 74074 4
Atomic Safety & Licensing Appeal Panel
- Dr. Frederick P. Cowan U.S. Nuclear Regulatory Comission 6152 N. Verde Trail Apartment B-125 Washington, D.C. 20555 Boca Raton, Florida 33433 Docketing & Service Section*
Dr. Lincoln B. Hubbard, Chainnan U.S. Nuclear Regulatory Commission Legislative Committee Washington, D.C. 20555 American Association of Physicists in Medicine Box 367 Hines, Illinois 60141 Atomic Safety & Licensing Board Panel
- U.S. Nuclear Regulatory Comission Washington, D.C. 20555
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Stephen G. Burns Counsel for NRC Staff