ML20028A476

Fr Notice of Receipt of Petition for Rulemaking PRM-50-35 from Ucs Re Litigation Rights of Public Concerning Contested Emergency Planning Issues Prior to Issuance of Full Power OL

ML20028A476
Person / Time
Issue date:	11/12/1982
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:
References
FRN-47FR51889, RULE-PRM-50-35 47FR51889, NUDOCS 8211220214
Download: ML20028A476 (4)

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3 75KD1 DOCKETED NUCLEAR REGULATORY COMMISSION EC 10 CFR Part 50

• 82. NOV 1F A8:11 Union of Concerned Scientists

?flCE OF SEcRiiaW Filing of Petition for Rulemaking Ih$dCH E

Docket No. PRM-50-35 DOCKET NUMBER' PRM 36 AGENCY:

Nuclear Regulatory Commission.

PETITION RULE (f7 FR512nj ACTION:

Notice of Receipt of Petition for Rulemaking from the Union of Concerned Scientists.

SUMMARY

The Commission is publishing for public comment this notice of receipt of a petition for rulemaking dated October 14, 1982, which was filed with the Commission by the Union of Concerned Scientists.

The petition was docketed by the Commission on October 18, 1982, and has been assigned Docket No. PRM-50-35.

The petitioner requests that the Comm'i'ssion amend

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its regulations in 10 CFR Part 50 to clarify the public's litigation rights in regard to offsite emergency planning for a nuclear power plant prior to issuance of a full power operating license.

DATE:

Comment period expires JAN 171933 Comments received after this date will be considered if it is practical to do so, but assurance

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of consideration cannot be given except as to comments received on or before l

this date.

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ADDRESSES:

A copy of the petition for rulemaking is available'for public inspection in the Commission's Public Document Room,1717 H Street, NW.,

Washington, DC.

A copy of the petition may be obtained by writing to the Division of Rules and Records, Off' ice of A ministration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.

All persons who desire to submit written comments concerning the petition

'for rulemaking should send their comments to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:

Docketing and Service Branch.

FOR FURTHER INFORMATION CONTACT:

John Philips, Chief, Rules and Procedures Branch, Division of Rules and Records,. 0ffice of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: '30lf492-7086 or Toll Free:

800-368-5642.

SUPPLEMENTARY INFORMATION:

The petitioner states that a clarifying amendment is needed (in 10 CFR 550.,47) to estabiish consistency in NRC's treatment of offsite emergency plans and that the current language in 550.47 would allow serious and illegal infringement of the public's right to litigate health and safety issues under the Atomic Energy Act.

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~7 The petitioner proposes that a new paragraph (a)(3) be added to 150.47 to 5t-3^r read as follows:

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~5 50.47(a)(3) "Throughout any period of low power operation or fuel loading, the licensing board will retain jurisdiction riis over the operating license proceeding and maintain an open i

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ua a-hearing recordi.No license for operation at over 5% of rated power will be issued before the completion of adjudicatory hearings on all contested emergency planning issues, including defects in onsite and offsite emergency planning identified as a result of preoperational emergency preparedness exercises."

1 The petitioner states that its proposed amendment is necessary because 550.47 currently providas that operating licenses for fuel loading and/or

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operation at up to 5% of rated power may be issued without NRC or FEMA review, findings, or determinations concerning the state of offsite emergency preparedness or the adequacy of and capability to implement state and local offsite emergency plans.

The petitioner further states that 6 50.47 makes no provision for completion ~of adjudicatory hearings on the sufficiency of offsite

^ planning before a full power: license _is. issued.

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The petitioner states that when the Commission amended $50.47 on July 13, 1982 (47 FR 30232), to add the provision permitting fuel loading and/or operation at up to 5% of rated power without NRC or FEMA review, findings

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or determinations concerning offsite em gency preparedness, it set a new hurdle for intervenors in nuclear power plant licensing proceedir.gs to leap in order to litigate emergency planning issues.

Finally, the petitioner states that the Commission has provided no rational basis,'nor is there one, for treating offsite emergency planning contentions

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any differently than other licensing issues.

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At a meeting held November 3,1982, the petition was discussed by NRC representatives, the petitioner, and a representative of the Commonwealth of Massachusetts.

At this meeting, general agreement was reached that the NRC did not intend the July 1982 amendments (see 47 FR 30232) to affect the

'overall consideration of emergency planning issues in full power operating license proceedings, except in regard te offsite exercises.

Hence, the-.

Commission understands that the principal thrust of the petition lies in the last phrase of the proposed amendment: '"... including defects in onsite and offsite emergency planning' identified ast a result of preoperational emergency preparedness exercises." The Commission is therefore particularly interested in.public comment on this: issue,:namely, whether or n6t the offsite exercise need be held prior to' c.losure of-the hearing. record in the full power proceeding.

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y Dated at Washington, DC this /d day of 1982.

For the Nuclear Regulatory Commission.

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JOHN C.

HOYLE Acting Secretary of the Commission b

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