ML20055A906

Responds to Forwarding M Sinclair Re Rights of Intervenors During Licensing Proceedings. Intervenors Have Right to Participate in ACRS Activities. Applicant Did Not Agree to Addl Tour of Facilities

ML20055A906
Person / Time
Site:	Midland
Issue date:	07/09/1982
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Levin C SENATE
Shared Package
ML20054G041	List: ML20054G040 ML20055A906
References
NUDOCS 8207200110
Download: ML20055A906 (6)

Text

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t JUI. S ss2 The Honorable Carl Levin United States Senate Washington, D.C. 20510

Dear Senator Levin:

This is in reply to your letter of June 22, 1982 addressed to Chairman Palladino, concerning a letter you recently received from Mary Sinclair, a resident of Midland, Michigan. Ms. Sinclair is an Intervenor in the licensing proceeding involving the Midland Plant, Units 1 and 2. Since the Chairman may be called upon to participate in a review of decisions and rulings of the presiding NRC Atomic Safety and Licensing Board in connection with ongoing licensing proceedings involving the Midland Plant, Units 1 and 2, it would be inappropriate for him to coment on the matter at this time. i One of your requests is that we provide information defining the rights of intervenors during licensing proceedings, including their rights to participate in the activities of the Advisory Comittee on Reactor Safeguards (ACRS). You also ask that we provide infornation outlining the authority of the ACRS to assure that it has access to alll sources of information and technical advice and advisors that'it deems necessary.-

With respect to Ms. Sinclair's participation in the licensing proceeding, the following are among the more important rights that an intervenor has:

propose contentions to be litigated; conduct discovery, e.g., by way of interrogatories, depositions; call witnesses to present a direct case; '

conduct cross-examination of witnesses of all other parties; make and -

argue motions of various khds including motions for sumary disposition and submit proposed findings of fact and conclusions of law when the record is closed. An intervcnor, of course, also has the right to appeal from the decision of the licensing board. These matters are addressed in -

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the Comission's Rules of Practice found in 10 C.F.R. Part 2 and Appendix A, copies of which are attached. See specifically sections 2.714 (Contentions), 2.740-4 (Discovery), 2.743 (Present witness and conduct cross-examination), 2.730 (Motions), 2.749 (Sumary Disposition), 2.754 3 (Proposed findings), and 2.762 (Appeal), and, in general, Appendix A sections III-IV, VIII and IX. n Intervenors have a right to participate in the activities of the ACRS, consistent with the Federal Advisory Committee Act, through the 1

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presentation orally or in writing, at Subcommittee and full Comittee meetings, of information concerning the safety of proposed or actual nuclear reactor facilities.

J The ACRS has access to all of the safety related information submitted in support of an application including .the safety analysis report provided by the applicant, the safety evaluation report provided by the NRC Staff, amendments or supplements to these documents, and related correspondence between the apolicant and NRC. If a question arose concerning information needed by the ACRS, the NRC.has the right to require that the infonnation_ be submitted in .acccrdance with Section 182a, of the Atomic .

Energy Act of 1954, as amended.

On Thursday,tiay 20, 1932, Dr. Anderson made a request to join the ACRS Subcommittee site tour that was to take place that day. This request was not made in a timely manner, however, so that the Subcommittee could decide if his participation on the tour would be helpful to subsequent Committee deliberations. The ACRS Subcomittee, therefore, concluded that the decision at this stage of the proceedings was a matter to be worked out between Dr. Anderson and the applicant, although the ACRS Subcommittee had no problem with Dr. Anderson joining the group. Dr. Anderson had previously toured and inspected some of the structures in question and had reported the results of his findings to the Sube se on the morning of flay 20, 1982. The applicant did not agree to an adr' tour with the Subcommittee.

! If I can be of further assistance, please let Ee know. ~

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! _/ Sincerely, I _

s (SipeG]#illiaml.Dircks Willias Jc Dircks Executive Director for Operations

Enclosures:

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g-teen allowed to visit the plant site by agreement with the utility. In r'~

fact, as shown by Ms. Sinclair's letter, Dr. Anderson was admitted to

the site by Consumers Power Company on Wednesday May 19, 1982, the day ? , / ,3 before he made his presentation to the ACRS. 'v L t' l 1.I '/, / 'li Ms. Sinclair's letter is also concerned about a probleu,which 'r "

subsequently arose in connection with Dr. Anderson's wish to accompanyy -

the' ACRS ,during its visit to the site. The ACRS staff was asked to provide . ,

infennation c.;ncerning these aspects of Ms. Sinclair's letter. Attached y is tneir response.

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/ ," William J. Dircks Executive Director for Operations

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ACRS RESPONSE TO SENATOR LEVIN'S INQUIRIES The ACRS has access to~all of the safety related information submitted in

-support of an application including the safety analysis report provided

.by the applicant, tne safety evaluation report provided by the NRC Staff, amendnents or supplements to these documents, and related correspondence between the applicant and NRC as well as most reports by the applicants

> and NRC consultants and/or contractors. If a question arose concerning

-information needed by the ACRS, the NRC has the right to require that the

" information be submitted in accordance with Section 182a, of the Atomic Energy Act of 1954, as amended.

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Intervenors have a right to participate in the activities of the ACRS, consistent with the Federal Advisory Committee Act, through the presentation orally or in writing, at Subcommittee and full Committee meetings, of information concerning the safety of proposed or actual nuclear reactor facilities.

The ACRS is supported in its review of reactor licensing and safety

matters by a panel of approximately 115 expert consultants who assist the L

Committee in its evaluation of specific issues of concern. These consultants participate in Committee meetings at both the Subcommittee '

and full Committee level, including visits to proposed power plant sites and the facilities themselves. In some cases, as many as 15 consultants have been assigned to assist a single Subcommittee. The Midland Subcommittee has been supported by ten consultants in the Midland Operating Licensing review, including experts on the soils-structures related problems about which Dr. Anderson has provided information on behalf of the Midland intervenors. The Committee selects those consultants it considers necessary for the review being conducted, and the Commission has fully supported the ACRS use of consultants in this manner. I am not aware of any case in which an applicant has objected to the ACRS use of consultants in this fashion. It is doubtful that any applicant would object to the ACRS use of consultants, since this could seriously inhibit the Committee in the preparation of its report to the NRC which is needed before a license can be issued. Procedures have not .

been established for participation by intervenors' experts or consultants beyond the presentation of information noted above. I believe, however, that, in the event the ACRS or one of its Subcommittees were to conclude that additional participation would be beneficial to Committee activities, appropriate arrangements could be made.

During the subcommittee meeting noted by Ms. Sinclair, the request for Dr. Anderson to join the tour was not made in a timely manner so that an affirmative decision could be made by the Subcommittee regarding this question. The Subcommittee Chairman therefore concluded that, although the Subcommittee had no problem with Dr. Anderson joining the tour, the decision and arrangements at that stage were matters to be worked out between the applicant and the intervenor.

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The Subcommittee proceeded with its tour of the plant accompanied by seven of its own consultants, three of whom were particularly expert in the soils-structures area. In this connection, it should be noted that Dr. Anderson had previously toured and inspected some of the structures

. in question and had reported the results of his findings to the Subcommittee on the morning of May 20, 1982.

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. FINAL REPLY h /hP[; CHAIRMAN Ch4frean Palladino FILE LOCATION EXECUTIVE DIRECTOR OTHER:

DESCRIPTION ljLETTER CMFMO O ncPOR r O OTHER SPECIAL INSTRUCTIONS OR REMARKS i'eq info defining the rtshts of interveners during ifcensing proceedin0s & rights to participate in activities of ACR$ Coordinate response with ACRS/Fraley.

CLASSIFIED DATA DOCUMENT / COPY NO. C LASSIFIC ATIONl NUMOER OF PAGES CATEGORY g PO51 AL REGIST RV No. O Nsi O Ro O FRO ASSIGNE D TO: D AT E INFORMATION ROUTING LEGAL REVIEW D FINAL U COPY OATC NO LEG AL OBJECHONS M{HahA** Ft n 6/24/22 Dircks AssiGNEo TO:

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