ML20059B070

From kanterella
Jump to navigation Jump to search
Motion to Defer Consideration of Remanded Issue.* Requests That Licensing Board Defer Consideration of Remanded Issue Pending Outcome of Commission Review of 2.206 Process.W/ Certificate of Svc
ML20059B070
Person / Time
Site: Perry 
Issue date: 10/12/1993
From: Hiatt S
OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:
Atomic Safety and Licensing Board Panel
References
CON-#493-14383 2.206, OLA-3, NUDOCS 9310280021
Download: ML20059B070 (4)


Text

.

' ~/

c3dfd3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION "l[6.d',

Before the Atomic Safety and Licensing Board

'93 DCT 18 P5 '.59 In the Matter of

)

THE CLEVELAND ELECTRIC

)

U!N' Ifl[

I ILLUMINATING CO. et al.

)

Docket No. 50-440 OL A-3 " ',*,.ly

~

)

(Perry Nuclear Power Plant,

)

Unit 1)

)

)

)

J MOTION TO DEFER CONSIDERATION OF REMANDED IS30E t

On September 30, 1993, the Commission issued CLI-93-21, in which it reversed the Licensing Board's denial of standing to petitioners in LBP-92-4, 35 NRC 114 (1992).

The Commission q

i remanded the petitioners' contention to the Licensing Board for further consideration consistent with its opinion.

On June 29, 1993, the Commission announced its intention to conduct a

reexamination of the petition process under 10 CFR-2.206.

" Review of the 2.206 Petition Process,"

58 Fed.

Reg.

i 34726.

The NRC conducted a workshop on this matter on July 28, 1993 and is now considering the public comments presented at the workshop and submitted in writing.

It is expected that the Staff will present recommendations on the 2.206 process for the Com-mission's consideration in November.

See SECY-93-258,

" Status Report on the Staff Review of the Regulations and Practice Gov-erning Citizen Petitions Under 10 CFR 2.206," September 13, 1993.

If the 2. 206 petition process is reformed so that it becomes meaningful mechanism for citizen involvement, then the 2.206 a

process would be an adequate remedy for the problem complained of 9310280021 931012 1

hC3 PDR ADOCK 05000440 0

PDR

i

.i in-petitioners" -contention.

With a reformed 2.206

precess, petitioners would have a meaningful.~ forum in which to challenge f

future revisions to the Perry reactor vessel' material specimen f

withdrawal schedule which they find objectionable.

If meaning-ful reforms are made to the 2.206 process, then, in.the opinion'

)

of petitioners, the contention is moot, and will be withdrawa, and this proceeding can be terminated, Petitioners

  • definition of meaningful reforms to the 2.206 j

process includes independent, internal, yet informal review of' Director's Decisions by the Atomic Safety and Licensing Board l

Panel, as set forth in OCRE's written comments on the review of' l

i the 2.206 petition process dated August 26, 1993.

Petitioners therefore request that the Licensing Board defer i

consideration of the remanded issue-pending the outcome of 'the

~

l Commission's review of the 2.206 process.

{

Respectfully submitted, J

Mk i

Susan L. Hiatt Petitioner Pro Se and Representative of Ohio Citizens for Responsible Energy. Inc.

8275 Munson Road Mentor. OH 44060-2406 (216) 255-3158 DATED: October

12. 1993 2

'l

n.

L t

(..

d' UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION 2ria uwnt Before'the Atomic Safety and Licensing Board 59 mi 18 PS:59 In the Matter of 1

)

THE CLEVELAND ELECTRIC

)

.ary t m si4 um?

ILLUMINATING CO. et al.

)

Docket No.-50-440 TOLA-3m3. :vau.

)

P a t.a (Perry Nuclear Power Plant,

)'

Unit 1)'

)

)

)

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing were served by deposfg in the U.S.

Mail, first class, postage

prepaid, this.

/3 day of Oc rd/de"R 1993, to the following:

Chairman Ivan Selin U. S.

Nuclear Regulatory Commission Washington, DC 2055.5 Commissioner Kenneth C.

Rogers U.S.

Nuclear Regulatory Commission Washington, DC-20555 Commissioner Forrest J.

Remick U. S. Nuclear Regulatory Commission Washington, DC 20555 Commissioner E. Gail de Planque U.S.

Nuclear Regulatory Commission Washington, DC 20555 Office of Commission Appellate Adjudication U. S.

Nuclear Regulatory Commission Washington. DC 20555 Office of the Secretary Docketing and~ Service U. S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Thomas M.

Moore, Chairman Atomic Safety and Licensing Board U. S.

Nuclear Regulatory Commission Washington, DC -20555 1

g

.S$

Administrat'ive Judge-Richard F.

Cole.

Atomic. Safety'and Licensing Board U.S._. Nuclear Regulatory. Commission

(

Washington, DC 20555 Administrative Judge

~ Charles' N. Kelber Atomic Safety and Licensing Board U.S.

Nuclear Regulatory Commission Washington, DC 20555 Colleen P.

Woodhead, Esq.

Office of the General Counsel U.S.

Nuclear Regulatory Commission Washington. DC 20555 r

i Jay-E. Gilberg, Esq.

Shaw, Pittman, Potts, and Troubridre i

2300 N Street. NW 5

Washington. DC 20037

.1-t.j

^

g.

Susan L.

Hiatt-

-t

+

h l

l I

i l

s f