ML20039G773
| ML20039G773 | |
| Person / Time | |
|---|---|
| Issue date: | 01/15/1982 |
| From: | Goodhope A Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8201190116 | |
| Download: ML20039G773 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- e2 JM! 15 P3 62 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Andrew C. Goodhope, Chairman Frederick P. Cowan Kenneth A. McCollom ogg;ig.
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In the Matter of
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Doc et No.:
35-100 ALL TELETHERAPY LICENSES JAN131932s i 94 :: ~.
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ORDER DENYING REQUEST FOR FORMAL HEARING fr/. ;T$ \\ @
T On May 7,1980, the Director, Division of Fuel Cycle and Material Safety, Office of Nuclear Material Safety and Safeguards issued an order modifying the licenses of all teletherapy licensees. The pertinent portion of the Order required that "Each license that authorizes possession and use of byproduct material for use in tehtherapy equipment is hereby amended to add the following conditions:
(1) As soon as possible, but no later than 90 days from the date of this Order, each teletherapy room shall be equipped with a radiation monitoring device which "3
continuously monitors the teletherapy beam condition 9
and is equipped with a back-up battery power supply for 9 s/
emergency operation. This device shall energize a g//
visible signal to make the operator continuously aware of teletherapy beam condition in order that appropriate e
/ip0 ' i emergency procedures may be instituted to prevent T,("" Mh shall be modified to require daily operational testing unnecessary radiation exposure. Operating procedures n
of the installed radiation monitor.
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o 2-(2) No later than 15 days from the date of this Order, until the room monitor required by paragraph (1) is installed, and thereafter, whenever it is not operational, any person entering the teletherapy room following an irradiation shall enter with an operable, calibrated radiation survey meter and shall determine the beam condition."
s The Order provided for an opportunity of anyone who had an interest i
affected by the Order to request a hearing on whether there was an adequate basis for the actions ordered and whether the actions taken should be modified in certain respects.
On May 15,1980, a timely request for a formal hearing was made by Liccoln B. Hubbard, Ph.D., the Chairman of the Legislative Committee of the Midwest Chapter of the American Association of Physicists in Medicine (MC-AAPM).
On February 10, 1981, the Nuclear Regulatory Commission (NRC) issued a Notice of Hearing in which this Board was appointed to determine whether a hearing is required and to preside over such hearing.
On February 25, 1981, the Nuclear Regulatory Commission Staff (Staff) filed a response opposing the request for hearing by Dr. Hubbard to which Dr. Hubbard replied on March 8,1981, and the Staff fit ed another respon'se on April 6,1981, to Dr. Hubbard's March 8,1981, filing. On July 27, 1981, Dr. Hubbard filed a reply to the NRC Staff response of April 6,1981. On August 17, 1981, the NRC Staff filed a reply to the July 27, 1981, response 1
of Dr. Hubbard.
In his original request for hearing, Dr. Hubbard raised five problems which he felt were not properly considered on entering the Order. These were the short time for implementation of the Order, the requirement for
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continuous monitoring, the requirement of back-up battery power, the m
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! i requirement of a visible signal, ar.d the requirement that a calibrated j
survey meter be used if the monitor is not functioning. Dr. Hubbard also l
objected to the lack of flexibility in the Order to meet differences in i
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local conditions.
l In its response of February 25, 1981, the Staff opposed the granting i
of a hearing to Dr. Hubbard or to the MC-AAPM. The Staff's opposition was based on the fact that neither Dr. Hubbard nor the MC-AAPM are licensees of the NRC and as a result would not inherently possess an interest affected by the Order, and that Dr. Hubbard had failed to demonstrate that he or MC-AAPM possessed " standing" to be granted a hearing. The Staff urged that in order to establish that the petitioner has the requisite judicial standing to be granted a hearing on the present Order it must appear that he was or will be injured or adversely affected by the Order, or that the petitioner's 8
interest is within the zone of interest protected by the Atomic Energy Act.
Portland General Electric Co.
(Pebble Springs Nuclear Plant, Units 1 and 2),
CL1-76-27, 4 NRC 610 (1976); Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), CLI-80-10,11 NRC 438 (1980).
The arguments made by Dr. Hubbard in his March 8, 1981 and July 27, 1981 tilings repeat in greater detail and various fashions the arguments he raised in his March 8,1981 filings and fail to meet the requirements of the 10 CFR 2.714 which require that anyone requasting a hearing must demonstrate that his interest may be affected by the proceeding or Order.
The only possible person or groups who could be classed among this whu might suffer adversely from the Order, or fall within the zone of interest protected by the Atomic Energy Act are the licensees of the Commission or their support help such as technicians, nurses, doctors or other similarly l
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d 4-employed person. Dr. Hubbard and the MC-AAPM make no claim that they are within this group or represent anyone in this group. Dr. Hubbard in his petition and other filings did make a fair case that the interests of AAPM might be adversely affected and that most of the A4PN members are support help of licensees and intimately involved in radiation exposure control.
However, Dr. Hubbard made no representation that he was representing AAPM a
l members in his filings and the Board cannot assume that he does. Consequently, I
the request for hearing is denied. Nor can this Board grant a hearing in its discretion for the same reasoi. set forth above.
Further, the Nuclear Regulatory Commission has indicated on October 29, l
1981, that it intends to publish i.. the Federal Register a notice of proposed I
rulemaking proceeding that will cover the subject matter of any possible formal hearing that could be held in this matter. 46 FR 53615.
l 1
FOR THE ATOMIC SAFETY AND LICENSING BOARD i
' Andrew C. Goodhope, Chairman ADMINISTRATIVE JUDGE i
l Bethesda, Maryland January /5, 1982 l
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