ML20058A428
| ML20058A428 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 09/18/1981 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20058A382 | List:
|
| References | |
| FOIA-92-436, TASK-AIA, TASK-SE SECY-81-555, NUDOCS 8110150081 | |
| Download: ML20058A428 (6) | |
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i-e SECY-81-555 s (%.,,,el September 18, 1981 t,
ADJUDICATORY ISSUE i
(Affirmation)
For:
The Commissioners i
From:
Leonard Bickwit, Jr.
General Counsel
Subject:
REQUEST OF THE STATE OF ILLINOIS FOR A HEARING ON G.E. MORRIS LICENSE AMENDMINT
Purpose:
To secure Commission approval of the enclosed draft order.
Discussion:
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The licensee withdrew the cont 55ted~po'r'Eion of the amendment when the NRC adopted regulations which essentially authorized the requested conduct.
See 10 CFR 72.35.
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. CONTACT:
Rick Parrish, OGC g",,,,,,,'-
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e y Recommendation: >. h. { x, Leonard Bickwit, Jr. General Counsel Attachments: 1. Draft Order 2. Oct. 15, 1980 Petition for Hearing 3. Nov. 14, 1980 Letter, G.E. to NRC 4. June 19, 1981 Letter, NRC to Illinois Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. October 2, 1981. Commission staff office comments, if any, should be submitted to the Commissioners NLT September 25, 1981, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected. This paper is tentatively scheduled for affirmation at an open meeting during the week of October 5, 1981. Please refer to the appropriate weekly Commission Schedule, when published, for a specific date and time. DISTRIBUTION: Commissioners Commission Staff Offices e a
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~ D g D D32' "" 9 J In the Matter of General Electric Company 2f E*EO (GE Morris Operation Spent Fuel Storage Facili OCT 2 0 G33 > :i Docket No. 70-1308 (Amendment to SNM-1265) -( d M MM q. F.:i.etitt & Strd;* h! PETITION FOR PROCEEDING AND HEARING IN 4 REFERENCE TO GENERAL ELECTRIC COMPANY'S APPLICATION FOR A.V.ENDMENT TO LICENSE SNM-1265 AND MOTION'FOR CONSOLIDATION The People of the State of Illinois by its Attorney General, TYRONE C. FAHNER, pursuant to 42 U.S.C. 52239 and 10 C.F.R. 52.206 petitions the Director of the Division of Fuel Cycle and Material Safety [ Director) United States Nuclear Regulatory Commission to order a proceeding and hearing be held in reference-to an amendment sought by General Electric Company [GE] to its license No. SNM-1265 for operation of the Morris Shent Fuel Storage Facility [ Morris). Illinois further moves for consolidation of said hearing with the hearing already pending in regard to the renewal of license No. SNM-1265. The Morris license, which grants permission to GE to receive, store, use and transfer spent nuclear fuel expired in August, 1900. Since that date the Morris f acility has continued K' i.. l * 'O' ** **.J. y'n to operate and presently operates under license,, Hor;.yNM 126!'t.e5,'y 3,y provided by the timely application rule of the Administrative Procedure 5 U.S.C. 5 558 (c) (2). At the present time a proceeding is ongoi~ng to determine whether license No. SNM-1265 %d s..
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i 2-will be renewed. A hearing is pending before the Atomic Safety t and Licensing Board to review issues relevant to renewal of the license and continued operation of Morris under that license. After the expiration of License No. SNM-1265 and after the decision to hold a hearing in reference to the license renewal, General Electric Company applied to the Direc' tor on January 23, 1980 for a license amendment, designated "Fevision C2", which "would authorize the applicant to make changes in the Morris Operation facility and procedures, and perform tests and experiments without obtaining prior approval from the Commission..." lApplication of January 23, 1980 at 2). The basis for this amendment was cited as 10 C.F.R. 550.59, a part of the regulations which does not apply to away from reactor storage facilities, IAFRs] and proposed rule 10 C.F.R. 572.34, which, when and if finally promulgated would regulate AFRs. 1 At the time the proposed amendment was requested it appeared that the licensing board in the license renewal proceeding would not consider the issues raise 6 by Revision C-2 because the Board had limited the scope of the renewal proceeding so as to exclude contentions that would rely on the proposed Rule 72. G O m
3-since the fi?.ing of the amendment request a change of circumstances, the final promugation of Part 72, has altered the scope of the Board's jurisdiction in the renewal proceeding. An advance copy of the regulation supplied to the NRC Staff states: An application for renewal of the license for the G.E. Morris facility under 10 C.F.R. Part 70 was received on February 27, 1979 and has been under review since that time. As 10 C.F.R. Part 72 has become effective prior to completion of this licen-sing action, such licensing action will proceed pursuant to 10 C.F.R. Part 72 which is specifically designed to cover spent fuel storage in an ISFSI. t The Commission's supplement to the new regulation clearly indicates that the amendment currently under consideration by the staff should be reviewed instead by the.5 card. Without Board review there is no means by which the public and intervenors admitted in the license renewal proceeding may raise issues relevant to the continued operation of Morris under a renewed license which would incorporate any amendment granted by the Director prior to the renewal of the license by the ASLB. As a Board decision to renew the G.E. license would allow G.E. to operate Morris as specified by the license and any amendments that may exist,at the point in time j the renewal was granted, it is contrary to legislative intent to remove consideration of the issues involved ini the proposed amendment from the public hearing on the renewal of the license as a whole. i l l
P ' E Illinois is entitled by right to a proceeding on request in respect to the proposed amendment by 4 2 U.S.C. 52239. Subject to the limitations of 10 C.F.R. S S 2. 714 (a) and 2.715 Illinois is also entitled by right to a hearing on these.same issues. To effectuate this Illinois further moves to have the proceeding on the proposed amendment consolidated with the ongoing proceeding which is addressing the renewal of the license as a whole. As the amendment would merely modify the existing license which is already under consideration it would be illogical to convene an entirely separate Board and to necessitate the iritdadon of the full panoply of proceedings necessary to review a single, separate issue. Obviously all parties seeking to intervene in the amendment proceeding should be afforded an opportunity to file petitions to intervene. And those intervenors already admitted should be allowed to amend their petitions to include any contentions which might address the proposed amendment. These functions can be economically and efficiently incorporated into the existing proceeding. WHEREFORI, the PEOPLE OF THE STATE OF ILLINOIS respectfully requests the Director to suspend the current staff consideration of the proposed abendment to License No. SNM 1265,' to order a proceeding to consider whether the amendment to said license applied for on January 23, 1980 should be granted, and to consolidate said proceeding
i .and any: hearing with. the ongoing proceeding to consider renewal of General Electric Company'.s. license No. SNM-1265. Respectfully submitted, t TYRONE C. FAHNER. i 1 Attorney General State of Illinois
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BY:. SEKULER SOSAN N. Assistant Attorney General Envirommental Control Division i' fj;qL.g<f ( 9 'g o 188 West Randolph, Suite 2315 t Chicago, Illinois 60601 i (312) 793-2491 s OF COUNSEL: .s GEORGE WM. WOLFF -Chief, Environmental Control Division JOHN VAN VRANKEN Chief, Northern Region Environmental Control Division j ANNE RAPKIN Assistant Attorney-General Environmental Contro1~ Division 1 J 188 West Randolph, suite 2315 Chicago, Illinois 60601 (312) 793-2491 t = i i j 1 i i l
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G E,M..t 9..f1 L d4. Q i L1. 0 e A..i. G's tP7 N U C t. E A R FUE s q AND SERVICES GE**ES.t L E'. ECTR!O COY..oANY.175 CURTNER AVE., SAN JOSE, CAUFORN!A e5125 D1 VISION Mail Code 861 SPENT FUEL SEP. VICES OPERA DMD-497 s Docket No. 70-1308 0 s";;, ,h W,Oj, 91% r-License No. SNM-1265 m
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-r9 ~ cro r. t .s zs November 14, 1980 $gf . Y 5 s_ 5 w L'f p, _o n Office of Nuclear Material Safety and Safeguards N 3 Attn: R.E. Cunningham, Director B Division of Fuel Cycle & Material Safety = M U.S. Nuclear Regulatory Commission Ei ? Nashington, D.C. 20555 g
SUBJECT:
'EVISED REQUEST FOR AMEllDMENT OF MATERIALS LICENSE HO SNM-1265 Gentlemen: On January 23, 1980, General Electric Company (the applicant) sub-mitted a request to amend the subject license for its Morris Operation, as follows: (a) Adoption of C-series, NED0-21326, Co.soIidsted S:fety Analysis . Report for Korris Operation. (b) Incorporation of provisions for facility changes, tests and experi-ments. The applicant hereb part (b) of the subject application. The promulgation of Part 72, Title 10, Code : Federal Regulations, removes the desirability of this portion of the amendment since Part 72.35 contains substantially the same requirements as the proposed Operation Specification conditions. The applicant will incorporate the new offsite exposure data in the
- r. ext revision of NEDD-21326C; the proposed Revision C2 that accompanied the subject request will not be published.
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G ElliR A L fh E LE CTRIC The applicant wishes to continue the action for amendment under part (a) of the subject appli. cation and urges an early resolution of this administrative matter. The recommended change in license condition 11, line 4, should read "...; Chapter 10., Operation Soecifications, Revision J C shall contain...". The previous correction recommended for Item 2 cf the license to reflect a change in General Electric organization nomen-clature remains valid. Please contact H. A. Rogers or C.C. Herrington of this office if there are questions regarding this recuest. i Respectfully submitted, GENERAL ELECTRIC COMPANY l sg % D.M. Dawson, Manager Licensing L Transportation DMD:HAR:bn ) t b i
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PN'o UNITED STATES i - E h.( [g g NUCLEAR REGULATORY COMMISSION M 5 .:; E WASHINGTON, D. C. 20555 O '. '. (,%,,,,, *,8, June 19, 1981 l George Wm. Wolff, Chief Environmental Control Division Office of the Attorney General State of Illinois 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Re: In the Matter of General Electric Company (GE Morris Operation Spent Fuel Storage Facility) Docket No. 70-1308 (Amendment to SNM-1265)
Dear Mr. Wolff:
The docket in the above-referenced proceeding reflects that, on October 15, 1980, Ms. Susan N. Sekuler, formerly of your office and as counsel for the State of Illinois, filed a paper entitled " Petition for Proceeding and Hearing in Reference to General Electric Company's Application for Amendment to License SNM-1265 and Motion for Consolidation." It appears that this paper was filed in response to the January 23, 1980 request of General Electric Company to NRC for an amendment of materials license SNM-1265. According to the State 's papers, an administrative proceeding was sought with respect to a portion of that G.E. request designated " Revision C2." On November 14, 1980, G.E. withdrew that portion of their request. Therefore, the proposal which elicited the State's October 15, 1980 filing has been withdrawn from further NRC consideration. We wish to inquire as to what the State's intentions are with respect to its October 15 petition. Your advice, by July 20, 1981, if possible, would be appreciated. Sincerely, lh{W C.W. Reamer Of fice of the General Counsel ~ ~. AttacEgn$s.: -RehnGIn pers n cc: Service List in Docket Ne 70-1308}}