ML20059M148
| ML20059M148 | |
| Person / Time | |
|---|---|
| Issue date: | 09/27/1993 |
| From: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Lehman R, Lieberman J, Sharp P HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| FRN-58FR21662, FRN-58FR50858, RULE-PR-2 CCS, NUDOCS 9311180222 | |
| Download: ML20059M148 (3) | |
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UNITED STAYES
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wasnincion. o.c. rosswx>oi September 27, 1993 i
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The Honorable Joseph Lieberman, Chairman Subcommittee'on Clean Air and Nuclear Regulation
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Committee on Environment and Public Morks United States Senate L
Washington, DC 20510
Dear Mr. Chairman:
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The NRC has sent to the Office of the Federal Register for publication the enclosed prop.;ed amendment to the Commission's L
rules in 10 CFR Part 2.
The amendment, if adopted, would revise
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a subsection of 10 CFR 2.1205 to eliminate an ambiguity.
As revised, it would require that requests for hear _ing in certain materials license proceedings be filed within 30 days of' actual notice of the amendment application.
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-The Commission is issuing the proposed rule for public comment
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and. requesting that comments be filed within 45 days of publication of the propo' sed rule in the Federal Register.
Sincerely, f
William C.
Parler General Counsel 4-
Enclosure:
As stated L
cc:
The Honorable Alan K. Simpson e
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September 27, 1993 The Honorable Philip Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20510
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendment to the Commission's rules in 10 CFR Part 2.
The amendment, if adopted, would revise a subsection of 10 CFR 2.1205'to eliminate an anbiguity.
As revised, it would require that requests for hearing in certain materials license proceedings be filed within 30 days of actual notice of the amendment application.
The Commission is issuing the proposed rule for public comment and requesting that comments be filed within 45 days of publication of the proposed rule in the Federal Register.
Sincerely,
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William C.
Parler General Counsel
Enclosure:
As stated cc:
The Honorable Michael Bilirakis
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WASHINGTON, D.C. 2055! MOO 1 j
September 27, 1993 The Honorable Richard H. Lehman, Chairman Subcommittee on Energy and Mineral Resources Committee on Natural Resou<ces United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for publication the enclosed proposed amendment to the Commission's rules in 10 CFR Part 2.
The amendment, if adopted, would revise a subsection of 10 CFR 2.1205 to eliminate an ambiguity.
As revised, it would require that requests for hearing in certain materials license proceedings be tiled within 30 days of actual notice of the amendment application.
The Commission is issuing the propised rule for public comment and requesting that comments be fried within 45 days of publication of the proposed rule in the Federal Register.
Sincerely, illiam C. Parler General Counsel
Enclosure:
As stated cc:
The Honorable Barbara Vucanovich i
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[7590-01-P].
NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AE67 Informal Hearing Procedures For Materials' Licensing Adjudications i
AGENCY:
Nuclear Regulatory Commission.
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ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission is considering
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i amending its regulations to provide that requests for hearing in certain materials license proceedings be filed within 30 days of j
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 j
raquests are filed as promptly as possible in order to resolve i
any concerns or objections to the pending application in a timely manner.
i DATES:
The comment period expires on (Insert date 45 days
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after date of publication in'the Federal Register).
Comments e
received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
ADDRESSES:
Submit written comments to: Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, ATTN:
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Docketing and Service Branch.
Hand deliver comments to:
Office of the Secretary, Docketing and Service Branch, U.S. Nuclear j
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'I 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 l
Public Document Room, 2120 L Street, NW (Lower Level),
i Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Marjorie S.
Nordlinger, Office of the General Counsel, U.S.
Nuclear Regulatory Commission, j
Washington, DC 20555, Telephone: 301-504-1607.
i SUPPLEMENTARY INFORMATION:
i
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 l
4 and Procedure.
See In the Matter of Umetco Minerals Corporation, j
i LBP-92-20, 36 NRC 112 (August 5, 1992).
10 CFR 2.1205(c) sets
'i forth the time period within which a request for hearing must be filed in a proceeding held under the Commission's rules for j
1-informal hearing procedures for adjudications set forth in Subpart L to Part 2.
These rules apply to materials and operator j
license proceedings only and not to other more formal i
proceedings such as those involving reactors or commercini waste i
disposal.
Section 2.1205(c)(1) provides tPat, in a proceeding which is j
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noticed in the Federal Register, a request for hearing must be i
filed within " Thirty (30) days of the agency's publication of the l
initial Federal Register. notice referring or relating to an.
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j application or the licensing action requested by an application."
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When a Federal Register notice is not published, S2.1205(c)'2) j provides that a request for hearing must be filed the earlier of:
i (1) Thirty (30) days after the requestor receives actual notice of a'pending application or an agency action granting an application; or 3
(ii) One hundred and eighty (180) days after I
agency action granting an application.
l The presiding officer in Umeteo Minerals construed paragraph; f
(c)(2)(1) as providing two separate opportunities for hearing:
after receiving notice of a pending application, and after j
i receiving notice of the agency's action on the application.
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Thus, the presiding officer found that a hearing request filed by
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!i the State of Utah within thirty days of issuance of a license amendment to the Umetco Minerals Corporation was timely, even
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though Utah had notice of the pending application and failed to request a hearing on the application, j
i Because the Commission felt that the language of the l
l 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 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
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r knowledge of the proceeding to wait to air those concerns until after the Commission has already taken action benefits neither the Commission nor the requestor.
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. The Ccmmission 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 l
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 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.
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Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.).
Existing i
requirements were approved by the Office of Management and Budget, approval number 3150-0136.
Regulatory Analysis J
The Nuclear Regulatory Commission is proposing to amend current regulations that would clarify the requirements j
concerning informal hearing procedures for materials licensing f
adjudications.
The proposed rule presents discussion in an area l
in which the Commission proposes to clarify or narrow the
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, l obligatioas in the current regulation.
This proposed rule would l
have no significant impact on health, safety, or the environment.
l There would be no substantial cost to licensees or the NRC.
i Regulatory Flexibility Certification l
As required by the Regulatory Flexibility Act of 1980 j
i (5 U.S.C.
605(b)), the Commission certifies that this rule, if
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adopted, will not have a significant economic impact on a substantial number of small entitles.
The proposed rule sets forth the time frame within which a person other than an j
applicant must file a request for a hearing in a licensing i
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 l
the Regulatory Flexibility Act, or within the definition of l
"small business" as found in section 3 of the Small Business Act, i
15 U.S.C.
632, or within the small business size standards
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- l 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.
j List of Subjects l
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, 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 Act 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 PRAC? ICE FOR DOMESTIC LICENSING PROCEEDINGS 1.
The authorits,~ 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 amended (42 U.S.C.
5841); 5 U.S.C.
552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, L
104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended l
(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 (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, j
I 955 as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239).
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s Sectien-2.104 also issued under sec. 193, Pub. L.
101-575, l
104 Stat. 2835 (42 U.S.C. 2243).
Section 2.105 also issued under
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Pub.
L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-t 2.206 also issued under secs. 161b, 1,
o, 182, 186, 234, 68 Stat.
948-951, 955, 83 Stat. 444, as amended (42 U.S.C.
2201(b), (i),
(o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846).
l Sections 2.600-2,606 also issued under sec. 102, Pub. L.91-190, t
83 Stat. 853, as amended (42 U.S.C. 4332).
Sections 2.700a,
>i 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
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f amended (42 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 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 sec. 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; cetition for leave to' intervene.
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(c)
A person other than an applicant shall file a request l
for a hearing within --
i (2)
If a Federal Recister notice is not published in i
accordance with paragraph (c)(1), the earliest of --
l (1) Thirty (30) days after the requestor receives actual notice of a pending application, or
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L (ii) Thirty (30) days after the requestor receives actual notice of an agency action granting an application in l
whole or in part, or l
I (iii) One hundred and eighty (180) days af ter agency i
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- action granting an application in whole or in part.
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~f Dated at Rockville, Maryland, this N dday of September. 1993.
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For the Nuclear Regulatory Commission.-
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pamuel J. Chilk i
Secretary of the Commission t
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CONGRESSIONAL COR.RESPONDENCE SYSTEX DOCUKINT PREPARATION CHECKLIST This checklist is be submitted with each document (or group of Qs/As) sent for +
ing into the CCS.
- 1. - BRIEF DESCRIPTION OF DOCUMENT (S)
E thbtN 2.
TYPE or DOCUXE3tT" Correspondences.
Estringse(Qs/ Ash 3.
DOCUMENT CONTROL Sensitive (NRC Only)
W Non-sensitive 4.
CONGRESSIONAL COMMITTZE and SUBCOXXITTEES (if applicable)
Congressional Committee Subcommittes i
5.
SUBJECT CODES (a)
(b)
(c) 6.
SOURCE OF DOCUMENTS (a) 5520 (document name (b)
Scan.
(c)
Atlachmentr, (d)
Rakey (e)
Other 7.
SYSTEM LOG DATES (a)
/t$ /9 '73 Date OCA sent document to CCS (b)
Date CCS Esceivess document (c)
Data returned to oC1 for additional information (d)
Data resubmitted by-OCA to CCS
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r (a)
Data entered into CCS by
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(f)
Date OCA notified that document is in CCE j
8.
COMMENTS 180 F -