ML20059F043
| ML20059F043 | |
| Person / Time | |
|---|---|
| Issue date: | 09/23/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| FRN-58FR50858, RULE-PR-2 PR-930923-01, NUDOCS 9311040102 | |
| Download: ML20059F043 (8) | |
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.m NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AE67 1 aj-;'
Informal Hearing Procedures For
~
Materials Licensing Adjudications AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission is considering amending its regulations to provide that requests for hearing in certain materials license proceedings be filed within 30 days of actual notice of the amendment application.
The amendment applies only to materials licensing actions which are not of sufficient importance to warrant notice in the Federal Register.
The proposed rule would eliminate an ambiguous provision in the Commission's current regulations and would ensure that hearing requests are filed as promptly as possible in order to resolve any concerns or objections to the pending application in a timely-i manner.
Il l$ I 3 Thecommentperiodexpireson(Insertdate45] days.
j DATES:
after date of publication in the Federal Register).
Comments received after this date will be considered if it is practical to-do so, but the Commission is able to assure consideration only j
for comments received on or before this date.
ADDRESSES:
Submit written comments to: Secretary, U.S.
i Nuclear Regulatory Commission, Washington, DC 20555, ATTN:
Docketing and Service Branch.
Hand deliver comments to:
Office of the Secretary, Docketing and Service Branch, U.S. Nuclear
. q{i)l 9
pf 9311040102 930923
}
U)ln ll PDR PR 2 5BFR50858 PDR.
-2 Regulatory-Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD. 20852, between 7:45 and 4:15 p.m. on Federal workdays.
Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street, NW (Lower Level),
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Marjorie S.
Nord11nger, Office of the General Counsel, U.S.
Nuclear Regulatory Commission, Washington, DC 205S5, Telephone: 301-504-1607.
SUPPLEMENTARY INFORMATION:
Background
A recent decision in a Nuclear Regulatory Commission materials-licensing proceeding has highlighted the need to
+
clarify a portion of one of the Commission's Rules of Practice and Procedure.
See In the Matter of Umetco Minerals Corporation, LBP-92-20, 36 NRC 112 (August 5, 1992).
10 CFR 2.1205(c) sets j
forth the time period within which a request for hearing must be filed in a proceeding held under the Commission's rules for i
informal hearing procedures for adjudications set forth in Subpart L to Part 2.
These rules apply to materials and operator license proceedings only and not to other more formal proceedings such as those involving reactors or commercial waste i
disposal.
Section 2.1205(c)(1) provides that, in a proceeding which is noticed in the Federal Register, a request for hearing must be filed within " Thirty (30) days of the agency's publication of the initial Federal Register notice referring or relating to an
' application or the licensing action requested by an application."
When a Federal Register notice is not published, 52.1205(c)(2)
_provides that a request for hearing must be filed the earlier of:
(1) Thirty (30) days after the requestor receives actual notice of a pending application or an agency action granting an application; ot (ii) One hundred and eighty (180) days after agency action granting an application.
The presiding of ficer in Umetco Minerals construeo paragraph (c)(2)(1) as providing two separate opportunities for hearing:
after receiving notice of a pending application, and after t
receiving notice of the agency's action on the application.
Thus, the presiding of ficer f ound that a hearing request filed by I
the State of Utah within thirty days of issuance of a license amendment to the Umetco Minerals Corporation was timely, even though Utah had notice of the pending application and f ailed to request a hearing on the application.
Because the Commission felt that the language of the regulation was arguably ambiguous and susceptible of the meaning given it by the presiding officer, it declined to disturb that decision.
However, such a reading is inconsistent with the_ goal t
of achieving the earliest possible resolution of safety issues.
The Commission considers it preferable to hear any interested persons' concerns that have arisen early in the review process, if possible.
To allow a concerned person or entity with knowledge of the proceeding to wait to air those concerns until after the Commission has already taken action benefits neither 4
the Commission nor the requestor.
4
. The Commission is therefore proposing to amend S2.1205(c)(2) to make it clear that a request for hearing must be filed within the.specified time period as soon as a requestor has actual notice of the proceeding.
Publication of a Federal Register notice under 52.1205(c)(1) may provide an additional opportunity for hearing in some cases, but a requestor with actual notice may r
not rely on this possibility to excuse a failure to. file the request should a Federal Register notice not be published.
Environmental Impact:
Categorical Exclusion The NRC has determined that this proposed regulation is the type of action described in categorical exclusion 10 CFR 51.22(c)(1).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1990 (44 U.S.C.
3501 et seq.).
Existing requirements were approved by the office of Management and Budget, approval number 3150-0136.
Regulatory Analysis The Nuclear Regulatory Commission is proposing to amend I
current regulations that would clarify the requirements concerning informal hearing procedures for materials licensing adjudications.
The proposed rule presents discussion in an area in which the Commission proposes to clarify or narrow the
. obligations in the current regulation.
This proposed rule would have no significant impact on health, saf ety, or the environment.
There would be no substantial cost to licensees or-the NRC.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 1
(5 U.S.C.
605(b)), the Commission certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities.
The proposed rule sets forth the time frame within which a person other than an applicant must file a request for a hearing in a licensing proceeding held under the informal procedures set forth in 10 CFR' Part 2, Subpart L.
The proposed rule, by itself, does not impose any obligations on regulated entities that may fall within the definition of "small entities" as set forth in section 601(3) of i
the Regulatory Flexibility Act, or within the definition of "small business" as found in section 3 of the Small Business Act, 15 U.S.C.
632, or within the small business size standards contained in 13 CFR Part 121.
l Backfit Analysis This proposed rule does not involve any new provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
Accordingly, no backfit analysis pursuant to 10 CFR 50.109(c) is required for this proposed rule.
List of Subjects 10 CFR Part 2
. Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty, Sex discrimination, Source material, Special nuclear material, Waste treatment.and disposal.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization A.ct of 1974, as amended; and 5 U.S.C.
- 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS q
1.
The authority citation for Part 2 continues to read as follows:
AUTHORITY:
Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.
2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.
2241); sec. 201, 88 Stat..1242, as j
amended (42 U.S.C.
5841); 5 U.S.C.
552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103,-
104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135);
sec. 114(f), Pub.
L.97-425, 96 Stat. 2213, as amended (42 U.S.C.
10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended i
(42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C.
5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.721, also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955 as amended (42 U.S.C.
2132, 2133, 2134, 2135, 2233, 2239).
-I
.c
, t Section 2.104 also issued under sec. 193, Pub.
L.
101-575, 104 Stat. 2835 (42 U.S.C.
2243).
Section 2.105 also issued under Pub.
L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, 1, o, 182, 186, 234, 68 Stat.
948-951, 955, 83 Stat. 444, as amer.ded (42 U.S.C. 2201(b), (1),
(o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846).
Sections 2.G00-2. 606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332).
Sections 2.700a, 2.719 also issued under 5 U.S.C.
554.
Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C.
557.
Section 2.764 and table 1A of appendix C also issued under secs. 135, 141, Pub.
L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.
10155, 10161).
Section 2.790 also issued under sec. 103, 68 Stat. 936, as
)
l amended ( 4 2 U. S. C. 2133) and 5 U.S.C.
552.
Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued I
under 5 U.S.C.
553 and sec. 29; Pub.
L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039).
Subpart K also issued under sac. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L.97-425, 96 Stat.
2230 (42 U.S.C.
10154).
Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239). Appendix A also issued under sec.
6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).
2.
In S 2.1205 paragraph (c)(2) is' revised to read as follows:
S2.1205 Recuest for a hearina; petition for leave to intervene.
1
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-B-l (c)
A person other than an' applicant shall file' a request i
for a hearing within --
l (2)
If a Federal Recister notice is not published in accordance with paragraph (c)(1), the earliest of --
i (1) Thirty (30) days after the requestor receives actual notice of a pending application, or d
(ii) Thirty (30) days after the requestor receives actual notice of an agency action granting an application in whole or in part, or (iii) One hundred and eighty (180) days af ter agency action granting an application in whole or in part.
Dated at Rockville, Maryland, this$Y3,kdayof September, 1993.
For the Nuclear Regulatory Commission.
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Samuel J. Chilk N\\
Secretary of tpe Commission j
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