ML20127C773
| ML20127C773 | |
| Person / Time | |
|---|---|
| Issue date: | 08/24/1992 |
| From: | Knapp M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20127C770 | List: |
| References | |
| REF-WM-3 NUDOCS 9209100127 | |
| Download: ML20127C773 (6) | |
Text
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. . . UNITED STATES -i 3: e. NUCLEAR REGULATORY COMMISSION
[o, WASHINGTON, D.C. 20666
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-AUG 2 41992 4
HEMORANDUM FOR: . Division-Directors, Deputy Directors and Branch Chiefs,_NMSS FROM:-- Malcolm R. lKnapp, Director Program Management, Policy Development and Analysis Staff, NHSS SUBJECT! :NMSS POLICY AND PROCEDURES LETTER 1-3 Enclosed you will find NMSS Policy and Procedures (P&P)' Letter 1-3, Procedures for Handling Requests for 10 CFR 2.206 Actions, dated August 1992. This P&P Letter has been carefully reviewed by OGC and replaces all earlier versions.
Please ensure that your staff _is aware of the procedures for handling 10 CFR 2.206' petitions contained-in this P&P Letter. Although:NMSS does not receive a large:numbe'r of these petitions,:the specialized instructions contained in NMSS P&P! Letter 1-3 should be available_ for" staff reference when needed. .
Questions regarding NMSS P&P Letter 1-3 should-be referred to Sally Cornell ,
l- at1504-2673.'
y Malcolm . R. :. Knapp, - Director Program Management, Policy Development n
6
- and Analysis Staff, NMSS i
Enclosure:
.NMSSTP&P Letter'l-3~
L 920920o3p7 PDR OE6 h WMF WASTE
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f' NMSS POLICY AND PROCEDURES LETTER l-3 (AUGUST 1992)
PROCEDURES FOR HANDLING RE00ESTS FOR 10 CFR 2.206 ACTIONS Eurpose The purpose of this letter is to establish procedures that will assure prompt and effectivo action, notification and handling of paperwork in response to requests for license or enforcement action in accordance with 10 CFR 2.206.
It is essential that staff members be aware of these procedures, and that the procedures be carefully followed when a petition is presented to NMSS for action.
Introductiqn 10 CFR 2.206 provides that "any person" may file a request with the EDO "to institute a proceeding...to modify, suspend or revoke a license" or for appropriate action. When such requests are received, they are forwarded to the appropriate Office Director by OGC, the affected licensee or permittee is notified, and a notice of receipt of request is published in the Federal Recister. This process is followed except for those occasional requests that so obviously lack merit that a more abbreviated procedure is followed.
Within a reasonable time after a request for action pursuant to 10 CFR 2.206 is received, NMSS must either institute the requested proceeding or advise the requestor, in writing, that no proceeding will be instituted in whole or in part, and the reasons therefor.
If the request is granted and the action is contested by the licensee or permittee, the resulting proceeding will be heard by an Atomic Safety and Licensing Board or administrative law judge and eventutally may be subject to Commission review.
If, on the other hand, the request is denied, a detailed written Decision by the Office Director explaining the reasons for denial is sent to the requestor l and other interested parties. Such a denial is reviewable by the Commission l
on its own motion.
Processina Reouirementi .
- 1. Requests for action pursuant to 10 CFR 2.206 are always to be initially processed and given a " green ticket" by OEDO (Administrative and Correspon-dence Branch). EDO will then send the request to OGC for an initial review.
l Any such requests received directly from the mail room or directly from a requestor by an NMSS Branch or Division should be forwarded immediately to l OEDO for appropriate handling. OEDO will forward to OGC and the Commission copies of any incoming 2.206 petitions received directly by the staff. SECY will provide OEDO with copies of petitions sent to the Commissioners.
- 2. Determinina whether a 10 CFR 2.206 reouest has been made. Some letters or petitions will cite 10 CFR 2.206, and such letters should always receive consideration under this section. Even if a letter does not indentify itself ex;)ressly as a 10 CFR 2.206 petition, the letter may require 2.206 treatment.
I If the following questions can be answered "yes", then the letter should usually be treated under 10 CFR 2.206:
- a. Does the letter demand a soecific action? Essentially, this means that the letter must demand that a license be revoked, sus-pended or modified, or other enforcement-related actions be taken.
Distinguish, however, between requests to modify an existing li-cense and requests to deny an initial license or pending amendments.
Requests of these latter types should be handled in connection with a licensing action--not under 10 CFR 2.206.
- b. hts the letter identify specific bases for takina the reauettL4 3ction? The petitioner must identify facts or other reasons for taking the action he/she requests. A letter stating a general opposition to nuclear power or an unsubstantiated belief that a facility is unsafe should not be treated as a formal petition under 10 CFR 2.206. Such letters should be treated as routitie correspondence.
If you have any doubts whether a letter should be considered under 10 CFR 2.206, seek advice from OGC. All advice shall be obtained from the Deputy Assistant General Counsel for Enforcement. Seek such advice before drafting any response to the letter. 0GC concurrence is requireo on responses on all correspondence initiated in connection with the petition.
- 3. Initial Acknowledaement of Recuettu OGC gives consideration to all 2.206 petition, . articularly those containing novel or legal issues. They will discuss options for resolution to assist the responsible Office Director and staff in reaching a decision on the petition. After its review for ap-propriate handling and-any required discussion, OGC will forurd to the Director, HMSS, a draft letter of acknowledgement to the petitioner and a draft Federal Reaister Notice. ,
The letter of acknowledgement, the Ederal Reaister Notice, and all subse-quent documents pertaining to 2.206 actions must be signed by the Director, NMSS. NMSS will dispatch the letters and must assure that the licensee is notified of the petition, generally by a "cc" of the acknowledgement letter to the petitioner. A copy of the incoming petition should be sent to the licensee, with the "cc" of the acknowledgement. Enclosure 1 is an example of the acknowledgement documents and the required distribution. If it would be helpful in addressing the issues raised in the petition, the licensee may be asked to respond to the petition. 0GC will assist in preparing a letter to the licensee requesting or requiring a response.
The lead role for this action normally will be assigned to the appropriate Branen Chief in NMSS. The acknowledgement letter is due by the date specified in the EDO " green ticket". However, the green ticket acticn remains active, with the responsibility transferred from OGC to NMSS, until a final decision is made on the request.
If the petitioner requests some immediate action by NRC (e.g., immediate suspension of operations pending final action 'n the petition), the
O 3
acknowledgement letter must respond to the request for immediate action. If such action is denied, the acknowledgement letter must explain the basis for the denial and respond to each request for immediate action that is raised in the petition. In such cases, since the acknowledgement letter is, in effect, an interim denial, the special requirements for dispatch of the Director's denials under 10 CFR 2.206 (describet' in the last section of this P&P Letter) must be followed in distribution of the acknowledgement letter.
- 4. Er3 mta tion of the Response. After receipt of the petitien and any supplementary directions from OGC, NMSS should begin immediately to evaluate the petition and to prepare the staff's decision on the request. The cogni-zant licensing Branch Chief retains the lead responsibility, coordinating all inputs that are required from other Divisions or organizations. The Direc-tor's Decision, determining whether to grant or deny the petition in whole or in part, is due 90 days from the issue date of 9e letter of acknowledgement.
If the petition is to be denied in any part, NMSS will prepare.a " Director's Decision under 10 CFR 2.206", which explains the basis fcr the denial and responds to all matters raised by the petitioner in support of his/her petition If a portion of the petition is granted, the Director's Decision should explain the actions which the staff has taken or will take to grant the petition. No " Director's Decision ur> der 10 CFR 2.206" is issued if the petition is granted in full. If a petition is granted, generally an Order under 10 CFR 2.202 will be issued. It may be appropriate to mention the petitioner's request for such an order in any order that is issued.
If the request is granted by issuance of an order, a letter is sent to the l licensee, transmitting the order. The order also is published in the Federal Reaister. Another letter is prepared and sent to the petitioner, which explains that his/her petition has been granted and includes a copy of the order issued to the licensee. Enclosure 2 is a sample package of documents showing the correct format in response to a petition that has been granted:
a letter to the petitioner (with copy to the licensee / applicant) and the
! related order to the licensee.
l If the petitioner's request for action is denied in whole or in part, a denial package is prepared which includes: (1) transmittal letter to the petitioner, (2) a " Director's Decision under 10 CFR 2.206", and (3) a Federal Reaister Notice which states that the petition has been denied. The licensee / applicant is informed of the denial by a "cc" of the denial package. Enclosure 3 is a sample of a denial package. For both grants and denials of petitions, care must be exercised to assure that the licensee's or applicant's copy is not issued prior to dispatch of the petitioner's copy of the package.
Before completing an entire draft Decision on all issues, NMSS may provide a partial draft Decision on one or a couple of issues for 0GC review and com-ment. When the Director's Decision is close to final in form, 0GC will be given a copy for review and comment. Allow two to three weeks for OGC to complete its legal review, depending upon the length and complexity of the draft Decision. If OGC desires additional time for analysis, they will in-form NMSS, provide an estimate of the additional time required, and provide a tentative view on the adequacy of the Decision. OGC views may be either
_4-written or verbal. After the draft Decision has been revised to address OGC comments, it will be resubmitted to NMSS management and to OGC for final re-view. Allow one week for final OGC management review and OGC's "no legal objection", before signature by the Director, NMSS.
- 5. Mandatory Procedures Voon Issuance of a 10 CFR 2.206 Denial. Note par-ticularly the "DD " number which appears on the front of the three documents that form Enclosure 3. This number, which is updated by year (e.g.,
DD for denials issued in 1992), is assigned to Director's Decisions in chronological sequence. You must obtain this number, when the Director's De-cision is signed and ready for issuance, by contacting the secretary of the Deputy Assistant General Counsel for Enforcement, 0GC.
The following special dispatch requirements must be followed .oJ1 the day the Director's Decision is issued:
- 1. After signature, obtain the Director's Decision number (DD ) from OGC. This number must then be inserted at the proper location on the Director's Decision and the Federal Reaister Notice, before any copies are made.
- 2. On the day of issuance, copies are made from the original of the Director's Decision and the original is then dispatched, immediately, to the addressee.
- 3. Copies, made from the original above, are then hand-carried to the following locations:
SECY (5 copies) Christine Cater (Emile Julian, SECY) at 16-H-21 (504-1679)
- 5 copies of the Director's Decision
- 2 courtesy copies of the entire Decision package
- 2 copies of the incoming request OGC (1 copy) Deputy Assistant General Counsel for Enforcement (Jack Goldberg) at 16-D-19 (504-1681)
.1 copy of the Director's Decision ADM (2 copies) Vicki Yanez, Regulatory Publications Branch at P-211 (492-8925). Also, please show her on the distribution list on the concurence copy of letters. Contact her by phone and notify her that you have mailed the hard copies. Also, you must send her a diskette of the Director's Decision (with DD-number in the upper right hand corner) done in Wordperfect 5.1.
You may also check with her regarding transmittal of the Decision in electronic format to Herner and Cgmoany, publisher of NRC Issuances. They should also be shown on the distribution list.
- ADM (Original of Federal Reaister Notice and 5 copies)
David Meyer, Chief, Regulatory Publications Branch, ADM at P-223 (492-8424). (NOTE: include the PDR advance copy described below in the same envelope and send all this to David Meyer with a note to E. Yeates for the POR copy.)
- POR (1 copy of entire package) Elizabeth Yeates at LL-6 (634-3380). This is the " advance" copy for the POR and it is sent in the same package as the ADM copies described im-mediately above.
- 4. SECY and OGC copies must include copies of the incoming petition and other documents referenced in the Director's Decision.
- 5. By telephone, notify SECY (Christine Cater /Emile Julian) and OGC (Jack Goldberg) that a Director's Decision has been issued.
These requirements are particularly important because the Commission has 25 days from the date of the Director's Decision to decide whether to review the Decision.
These procedures are effectively immediately and will remain in effect until further notice.
Enclosures:
As stated
m
' " o sENCLOSURE 1 - SAMPLE ACKNOWLC0GEMENT/ FEDERAL REGISTER D'
/ mc n
' NOTICE OF RECEIPT, w/ add'l info...
UNITED STATES 3* 'i NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666 I
...~
- Docket No.-030-04632 (10 C.F.R.'$-2.206)
- Ms. Gloria M. Mitchell, President Ms. ' Linda Hannons, Vice President Indian Orchard Citizens Council 117 Main Street InM an Orchard, Massachusetts 01151
Dear-Mss. Mitchell and Hammons:
This letter-is to acknowledge receipt of your letter dated June 29,1992, on
- behalf of the Indian-Orchard Citizens Council, addressed to the Chairman, requesting that the Nuclear Regulatory Commission take action with regard to Interstate Nuclear Service Corporation (INS). Because your letter requests either amendaent, suspension, revocation of the INS license or other appropriate action, your letter is being' treated as a Petition subject to 10 C.F.R. f 2.206.
The Petiti_on requests that the NRC: participate in a public hearing in Indian Orchard to respond to the concerns of neighborhood residents; hold a surpr_ise l inspection-of-INS; check homes in the' area for radiation contamination; provide'a copy of the NRC regulations under which INS operates;-check
' adjoining Park Department land, including Dimmock' Pond and Loon: Pond, for contamination and illegal dumping of waste-material; determine what INS has done with waste' material not-shipped; provide-the docket number for INS; identify a Public Document Room for INS and its location; and describe the type of monitoring done, who does it, and how frequently. Petitioners further request ~ on behalf of. neighborhood residents that: radioactive readings
.'outside the INS fence-perimeters be "0" at all times; "0" nuclear waste by-products be1 allowed to enter Springfield's water / sewer system; INS stop using r esidential; streets, specifically Nagle and-Nichols Streets, to go to and from its plant;'and under no_ circumstances allow INS to store nuclear waste-on its property.'
Petitioners assert, as bases'for these requests, that the residents of the
- Indian Orchard neighborhood of Springfield, Massachusetts, -live fin close proximity to INS and have expressed great concern over possible ' health issues,
- especially since_ publication of an article in the Springfield Sunday Republican on June 7, 1992, which reported that: -radiation readings outside the INS perimater fence, near a waste-filled truck, were 12 to 15 times normal background radiation . levels experienced in' everyday-life; all_ INS waste will be stored.on site beginning January.1,1993; in l_989 INS waste stored was twice the volume shipped;-the corporate health. physics manager-of INS, Michael Bovino,-said that! waste is removed twice a year but NRC records indicate it is removed only once.a year and not at all in 1990;-a person standing at-the INS-fence for two days Lin early May.would'have received a higher radiation dose than-a person standing at' Vermont Yankee's : fence-for a year because of stiffer regulations for nuclear power plants; and there have been allegations that INS
, . discharges radioactive water into the City sewer system.
S A M PLe -
m
y . .- . .- . .- . -- - . - . - - - . . . .
As provided by Section 2.206 of 10 C.F.R. Part 2 (copy enclosed), appropriate ,
action will be taken with regard to the specific issues raised by the petition-
-in-a reasonable time. By letter dated July 21, 1992, Richard W. Cooper II, s Director,-Division ofl Radiation Safety and Safeguards, NRC Region I, provided a partial- response to your_-letter of June 29, 1992. I have enclosed for your information a copy of the notice of receipt of your Petition that is being filed with the Office of the Federal Register for publication.
Sincerely, ,
Robert M. Bernero, Director Office of Nuclear Materials Safety and-Safeguards
Enclosures:
- 1. 10:C.F.R. Part 2
- 2. Notice of Receipt of-
-Petition.
Lcc'w/ enclosures:
' Interstate Nuclear Services ATTN: .Mr. George J. Bakevich
_ General. Manager 295 Parker-Street Indian-Orchard, Massachusetts-01151 DISTRIBUTION -(w/ Encl. 2)1 NMSS9200414; ref: ED00007888 Docket No.-030-04632 NRC: File' Center NMSS r/f- IMNS Central File IMAB r/f
-NMSS Off.Dir. r/f_PVacca MLamastra JGlenn RCunningham JGreeves CEstep CPoland DNorris, EDO EDO r/f -SECY _
.MKnapp
.Glongo,-0GC .FCombs JGoldberg, OGC FCostello, RI DD/NMSS D/NMSS GArlotto- RBernero 08/ /92, 08/-/92 0FC :IMAB :IMAB ~:IMAB :0GC= :0GC :DD/IMNS':D/IMNS
-NAME :PVacca:MlamastraiJEGlenn :Glongo:JGoldberg:JGreeves:RECunningham-DATE :08/ /92:08/ /92:08/. /92 :08/ /92408/ /92iO8/ /92:08/ /92 0FFICIAL RECORD COPY g:\ioccack eencurrem_.
SAMPLE -
- s
> U. S. NUCLEAR REGULATORY COMMISSION (Docket No. 030-04632)
Interstate Nuclear Service Corporation Indian Orchard, Massachusetts (License No. 20-03529-01)
RECEIPT OF PETITION VNDER 10 CFR E 2.206 Notice is hereby given that, by Petition dated June 29, 1992, Gloria M.
Mitchell and Linda Hammons, on behalf of the Indian Orchard Citizens Council, requested that the Nuclear Regulatory Commission take action with regard to Interstate Nuclear Service Corporation (INS). Petitioners request that the 9
NRC: participate in a public hearing in Indian Orchard to respond to the concerns of neighborhood residents; hold a surprise inspection of INS; check ,
homes in the area for radiation contamination; provide a copy of the NRC regulations under which INS operates; check adjoining Park Department land, including Dimmock Pond.and Loon Pond, for contamination and illegal dumping of waste material; determine what INS has done with waste material not shipped; provide the docket number for INS; identify a Public Document Room for INS and its location; and describe the type of monitoring done, who does it, and how frequently. Petitioners further request on behalf of neighborhood residents that: radioactive readings outside the IMS fence perimeters be "0" at all times; "0" nuclear waste by-products be allowed to enter Springfield's water / sewer system; INS stop using residential streets, specifically Nagle and Nichols Streets, to go to and from its plant; and under no circumstances should INS be allowed to store nuclear waste on its property.
SMA?LE Petitioners assert as bases for these requests that the residents of the Indian Orchard neighborhood of Springfield, Massachusetts, live in close proximity to INS and have expressed great concern over possible health issues, especially since publication of an article in the Springfield Sunday Republican on June 7, 1992, which reported that: radiation readings outside the INS perimeter fence, near a waste-filled truck, were 12 to 15 times normal background radiation levels experienced in everyday life; all INS waste will be stored en site beginning January 1, 1993; in 1989 INS waste stored was twice the volur. < aipped; the corporate health physics manager of INS, Michael Bovino, said that waste is removed twice a year but NRC records indicate it is .
removed only once a year and not at all in 1990; a person standing at the INS fence for two days in early May would have received a higher radiation dose than a person standing at Verment Yankee's fence for a year because of stiffer regulations for nuclear power plants; and there have been allegations that INS discharges radioactive water into the City sewer system.
The Petition has been referred to the Director of the Office of Nuclear Material Safety and Safeguards pursuant to 10 CFR 5 2.206. As provided by Section 2,206, appropriate action will be taken with regard to the specific issues raised by the petition in a reasonable time.
l l
i f
SN4ML I 1
A copy of the' Petition is available for inspection at the Commission's Public Document Room at 2110 L Street, N.W., Washington, D.C. 20555, and at the Local: Public Document. Room for the INS facility located at the Nuclear Regulatory Commission, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406.
Dated at Rockville, Maryland this day of , 1992.
FOR THE NUCLEAR REGULATORY COMMISSION Robert M. Bernero, Director -
Office of Nuclear Material Safety and Safeguards DISTRIBUTION: NMSS9200414; ref: E000007888 00cket No. 030-04632 NRC File Center . NMS$ r/f IMNS Central File IMAB r/f NMSS Off.Dir. r/f PVacca MLamastra JGlenn RCunningham JGreeves CEstep CPoland DMorris, EDO EDO r/f SECY MKnapp Glongo, OGC- JGoldberg, 0GC FCostello, RI FCombs DD/NMSS D/NMSS GArlotto RBernero 08/ /92 08/ /92 bFb $ik b $ikkb Iikkb $5hbb $bbb $bbb Ibb/ibbbIb/ibbb NAME.:PVacca:HLamastra:JEGlenn:FCombs:Glongo:JGoldberg:JGreeves:RECunningham DATE :08/ /92:08/ /92:08/ /92:08/ /92:0/ /92:08/ /92:08/ /92:08/ /92 0FFICIAL RECORD COPY G:\IOCCFR hM % b )b wpcoanuu_-
y
SAM 9LLvf M &sM h hox pf"%'t, UNITED STATES so i NUCLEAR REGULATORY COMMISSION a WASHINoTON. D.C 20126
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MEMORANDUM FOR: David L. Meyer, Chief Rules and Directives Review Branch Division of Freedom of Information and Publications Services Office of Administration FROM: Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
PUBLICATION IN THE FEDERAL REGISTER -- NOTICE OF RECEIPT OF PETITION UNDER 10 CFR 2.206 Enclosed, for your transmittal to the Office of the Federal Register for puolication, is the original, signed copy of a Notice of Receipt of Petition under 10 CFR 2.206. Five additional copies are enclosed for your use. We have also enclosed a copy of the Petition for placement in the Public Document Room.
Ple4se notify Patricia Vacca (504-2615) as to the date the above notice will appear in the Federal Reaister.
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Original,_ signed copy of Notice of Receipt of Petition under 10 CFR 2.206 and 5 add'l: copies
- 2. Petition: Ltr dtd 6/29/92 DISTRIBUTION: ref: NHSS9200414; ED00007888 Docket No. 030-04632 NRC F.tle Center NMSS r/f INNS Central File IMAB r/f HMSS Off.Dir. r/f PVacca MLamastra JGlenn RCunningham JGreeves CEstep CPoland DMorris, EDO EDO r/f SECY MKnapp GLongo, OGC FCombs JGoldberg, 0GC FCostello, RI DD/NMSS D/NMSS GArlotto R8ernero 08/ /92 08/ /92 0FC :IMAB :IMAB :IMAB :0GC :0GC :00/IMNS :0/IMNS NAME :PVacca:MLamastra:JEGlenn:Glongo :JGoldberg:JGreeves:RECunninghae DATE :08/ /92:08/ /92:08/ /92:08/ /92:08/ /92:08/ /92:08/ /92
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%, uF DUe'tNo. 030-04612 License No. 20 03529 01 Interstate Nuclear Service Corporation ATTN: Mr. George J. 56kkvich General Manager 29$ Parker Street Indian Orchard, Massachusetts 01151 Gentlemen:
By letter dated June 29, 1992 (Enclosure 1), the Indian Orchard Citizens Council (10CC) requettet that the Nuclear Regulatory Commission take actinn with regard to the license issued to Interstate Nuclear Service (INS)
Corporation. Because the letter requests either amendment, suspension, .
revocation of the INS license or other appropriate action, the letter is being treated as a Petition subject to 10 C.F.R. i 2.206. Enclosed are copies of (1 NRC's letter cf acknowledgement (Enclosure 2) and a copy of the notice of receipt of the Petition that is being filed with the Office of the Federal Register for subitcation (Enclosure .1).
The NRC Staff is in the process of developing a response to the Petition. If you wish to provide any information for the 5taff's consideration, please forward the infonnation as soon ts possible but not later than two weeks from the date of receipt of this letter. Please address your comments to:
Document Control Desk, U. S. Nuclear Regulatory Commission, Nail Stop CWFM Pl.37, Washington, DC 20555 ATTN: Patricia Vacca. ..
t if you have any questions on this matter, please contact Mrs. Vacca at (301) '
504 2615.
$1ncerely.
I Robert M. Bernero, 01 rector Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Ltr dtd 6/29/92 fa 10CC
- 2. NRC acknowledgement ltr
- 3. Notice of Recstpt of Petition ec w/o encl:
Ms. Gloria M. Mitchell, Prasident Ms. Linda Hammons, Vice President Indian Orchard Citizens Council 117 Main Street Indian Orchard. Massachusetts 01151 DISTRIBUTION (w/o encl) ref: NM35920t)414; E000001888 Occket No. 03h04632 NRC File Center fiMSS r/f IMNS Comtral File IMAB r/f HMS$ Off.Dir.r/f 9vacca Mlamastra Jglenn Rcunningham -Jgraeves C[ step CPoland DMorris,EDO EDO r/f SECY MKnapp Glongo,0GC FCembs JGoldberg,0GC FCostello, OGC
' 00/NMSS 0/NMS$
GArlotto RBernero 08/ /92 08/ /92
................. ............. ..................-----.~
OFC:IMAB :IMA8 :!NB :0GC :CG; :00/IMNS :0/IMMS MAME:PVacca:MLamastra:JEGlenn:Clongo:JGoldberg:)Greeves:RECunntngham
..........................................~ ~.- ~ .....-........--.
DATE:03/./92:08/ /92 :08/ /92:08/ /92:08/ /92:08/ /92:08/ /92
................. ........................................... - - ~
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GFFICIAL RLC090 COPY
l ENCLOSURE 2 - SAMPLE LETTER GRANTING A PETITI0h t UNDER 2.206
[p # "* %,
'n UNITED STATES
!* .i NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20r#4 June 16, 1980
'%',...../
Richard Ihrig, Esq.
Badger Safe Energy Alliance 1 275 Summit Avenue i St. Paul, MN 55105 l
Dear Mr. Ihrig:
4 Your petition of August 15, 1979, on behalf of the Badger Safe Energy Alliance requested that the construction permit held by Northern States Power Company et. al. for construction of the Tyrone Energy Park be revoked because of the TTceiIiees' stated decision to cancel the project. Your theFederalFels,teronSeptember i 14, 1979 (44 FR 55256) petition was noticed in Enclosed is the Order which I have issued to Northern States Power Company, et. al. today. The Order requires the licensees to Show Cause within twenty-five diys why their license should not be revoked. If the licensees fail to show cause within the allotted time or consent to the entry of an order, an order will be issued revoking the construction permit. The licensees or any person who has an interest affected by the Order may request a hearing within the twenty-five days,.
A copy of this grant of your petition will be placed in the Commission's Public Document Room at 1717 H Street, N.W. , Washington, DC 20555.
Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation (FOR SAMPLE ONLY - ONE BY NMSS WOULD HAVE THE SIGNATURE BLOCK FOR DIRECTOR, NMSS HERE...)
Enclosure:
l As stated cc:, Northern States Power Compa^y, l et. al.
l l
SARPLE
l
.. 1 M t4PLE.
UNITED STAT [$ OF 2. ERICA
, NUCLEAR REGULATORY CG:ti!S5!CN ,
In the Matter of ' '
); - .
NORTHERN STATE 5'PCWtR CO.,Jp7~ Docket No. STN 50 424 (Tyrone Enervy-Park, Unit 1 .
ORDER TO '5HOW CAUSE I
Northern States Pwer Ccepany, e_t_ al. is the holder of Construction Per.mit No. CPPR-157 which authorizes the construction of nuclear power reactor Unit 1
- at the Tyrone Energy Park in Dunn County, k'isconsin. Construction Permit No. CPPR 157 was issued on December 27, 1977, and is due to expire on Octcher 1. ,
1985.
On July 24, 1979, Nerthern'5tates Pcwer Co. e_,t, al. ann:unced tha t the c:-
owners of the pro;osed facility had voted to cancel the project. By letter dated [uly 25, 1979, Arthur. V. Dienhart, Vice-President of Northern S tates *:*er Cc=pany inferred the Nuclear Regulatory Cc. mission (hereinaf ter "Comission") of the decisien to cancel the project. Hr. Of enhart s tated that the ec-owners concluded that the "c:nsequences flowing from the dental of the project en March 6,1979
.by the 'n'ise:nsin Public Service Comission would prevent the prtject fr:e being placed in service on a schedule required by projected needs for pcwer". He requested the Office of Nuclear Reactor Regulation'to teminate further action in this docket.
By letter dated July 25, 1979 Thenas A. Baxter, Esq., Counsel for the Pernittees, requested the Atomic Safety and 1.tcensing Appeal Soard to terminate the farther proceedings which it had crdered in this docket.O The Co nission has no infor a:i:n to indicate that the 1.icensees have any intent to renew c:nstructicn at this y By Orcer cated August 30, 1979 the Appeal 3 card ternina ted all proceedia;s involving the application to Ilcense c:nstruction of the f acility and dismissed the case. ,
g...
MM - - - . --- _ _
2 ,.
facilit;,e in the future, ,
By petition dated August 15, 1979, the Badger Safe Energy Alliance requested the Directnr of,Nuc} ear Reactor Regulation to ins titute a proceeding pursuant to 10 CTR 52.202 to revok'e the above-described c:ns truction permit because of the
~
Licensees' announced decision to cancel the project.
- Section 103 of the Atonic Energy Act of 1954. as amended (hereinaf ter the Act) authorizes the Cc mission to issue licenses to persens who will use utiliza.
tien facilities for industrial or comerical purp:ses and whose pr:pesed activities will serve a useful purpose proportionate to the quantities of special nuclear material or scurce material to be utilized. O The pemit issued to !Iorthern States P:wer Company, et al., pursuant to Section 103, was for the purpose of constructing a utilization facility. Section 136 of the Act provides that "an'y license may be revoked...b,ecause of conditions...which would warrant the Comission to refuse to grant a licer.se en an criginal application...* .
Construction of the Tyrene facil.ity has r.cw been cancelled. The holders of the.;ermit issued to authorize its constrvction no longer propose to c:nduct
, activities which will serve a useful cemercial purpose within the reaning of the Atcmic Energy Act.
111
. For the reasons set forth in Section !! above, and pursuant to the At:mic
~'
Energy Act of 1954, as amended, and the termission's regulations in 10 CFR Parts 2 and 50, IT IS HERE3Y ORCERED THAT:
Northern States Pcwer C:mpany, e_t, al. shew cause, in the mannerhereinaf ter provided, why construction ;ermit No. CPPR-157 shculd net be revoked.
- / 42 ~U.S.C. s 2133(a) & (b).
j g 44
_ , _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - ~ ~ ~ " - ~ - ~ ^ ^ - ~ ~ - '
- 5
, !Y ,
The Licensee< may, within twenty-five (25) days of *the date of this Order, file a writtaa answer to this Order under. ca th or afff mation. The Licensee ray consent to the entry of an Order in substantially the form prcposed in the Order to Show cause.
If the Licensee falls to file In answer within the tfee specf fled, the Ofrtstor of Nuc1 ear Reactor Regulation wf11, without further t.otf ct, issue
. an Order to revoke the Constrvction Pemt t No. CPPR-157 The L.f censee or any ;ersen whose interest may be affected by this Order may request a hearf ig wf thin twenty-
. /
five (25) days of the date of the Order, setting forth wf th partfcularity the interest of the person in the proceeding and how that interest may be affected b the results of the preceeding. Any request for, a hearing shall be addressed to
.the 01 rector, Offfet of Nuclear Reactor Regulation, U. S. Nuclear Regulatory Comission, Washington, D. C. 20555, with a cc;y to the Executive Legal Of rector at the above address.
If a hearing is requested by a pers:n *he has an hterest affectsd by this Order, the Comission will issue an order designating the tine l an'd place of hearing.
In the event a hearing is requested, the issue to be considered at suca '
hearing shall be:
l Vhether, on the basis of the t.fcensee's announced decfsten i
- to cancel construction of the Tyrone Energy Park, '.l nit 1 L
factif ty, thfs Order shecid be sustained.
FOR THE Nt>Ct. EAR Agri1LATCM f C M !S5!CN L
c I .
Harolo R. Cen:en, Direc::r Of fice of nuclear React:r Regulatten Dated atyethesda.. Maryland
- this
( Jay of June.- 1930.
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ENCLOSURE 3 - DIRECTOR'S DECISION PACKAGE
/p0 040g% UNITED STATES I
! j .,.q o NUCLEAR REGULATORY COMMISSION j
i WASHING TON, D. C. 20$65 e
S, ' *
/ JUN 0 8 SE Di,UetNo. 40-E027 I (10 C.F.R. I 2.206) l i
l Diane Curran, Esq.
Attoroey for Petitioners Harmon, Curran, Gallagher & Spielberg 2001 S Street N.W.
Suite 430 Washington, D.C. 20009 1125
Dear Hs Curran:
This letter is in response to your Petition filed on Novenber 27, 1991, en behalf of Native Americans for a Clean Environment and the Cherokee Nation.
The operating Petition requested license that the for Sequoyah U.S.Corporation's Fuels Nuclear Regulatory)Comission revoke the (SFC uranium processing plant in Gore, Okishoma.
Your request was referred to the staff for consideration pursuant to 10 C.F.R.*
i 2.206 of the Comission's regulations. For the reasons stated in the enclosed
" Director's Decision Under 10 C.F.R. I 2.206." the Petition has been denied, except insofar as a Notice of Violation will be issued citing SFC for violating 10 C.F.R. 6 40.9, and granted insofar as the staff will publish in the Federal Register notice of all SFC's license amendment applications until the staff takes Tinal action on the license renewal application.
A copy of the Decision will be filed with the Secretary of the Comission for its review in accordance with 10 C.F.R. I 2.206 of the Comission's regulations.
As provided by this regulation, the Decision will constitute the final action of the Comission 25 days after the date of issuance of the Decision unless the Comission, on its own motion, institutes a review of the Decision within that time.
A copy of the Notice, which is being filed with the Office of the Federal Register for publication, is enclosed.
Sincerely,
% w_
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
, 1. Directors Decision i
- 2. Federal Register Notice cc: Sequoyah Fuels Corporation James Wilcoxen, Esq.
- Cf. l 'f';' i s 1
4 Docket ho. 40 8027 (10C.F.R.l2.306)
Diane Curran, Esq.
Attorney for Petitioners Harmon, Curran, Gallagher & Spielberg M 08 W 2001 S Street N.W. '
Suite 430 Washington, D.C. 20009 1125
Dear Ms. Curran:
This letter is in response to your Petition filcJ on November 27, 1991, on The behalf of Native Americans for a Clean Environment and the Cherokee Nation.
Petition requested that the U.S. Nuclear Regulatory Comission revoke the operating license for Sequoyah Fuels Corporation's uranium processing plant in Gore, Oklahoma.
Your request was referred to the staff for consideration pursuant to 10 C.F.R.
I 2.206 of the Comission's regulations. For the reasons stated in the enclosed "Directnr's Decision Under 10 C.F.R. I 2.206, the Petition has been denied, except insofar as a Hotice of Violation will be issued citing SFC for violating 10 C.F.R. I 40.9, and granted insofar as the staff will publish in the Federal Register notice of all SFC's license amendment applications until the staf f takes final action on the license renewal application.
A copy of the Decision will be filed with the Secretary of the Comission for its review in accordance with 10 C.F.R. I 2.206 of the Comission's regulations.
As provided by this regulation, the Decision will constitute the final action of the Comission 25 days after the date of issuance of the Decision t.nless the Comission, on its own motion, institutes a review of the Decision within that time.
A copy of the Notice, which is being filed with the Office of the Federal Register for publication, is enclosed.
Sincerely, Original signe d by Robert M.Bernero Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
- 1. Directors Decision 92 03
- 2. Federal Register Notice cc: Sequoyah Fuels Corporation ; " y'k James Wilcoxen, Esq. [MH/EDO7253] #/
- See previous concurrence IMUF:* IMUF:* OGC:* IK :
OFC:14UF:*
Nkk orn bh V5Thahe ToEar c[h 5/19/92: 5//'//92:
DATE:5/14/92: 5/14/92: 5/15/92:
00 (M : 0/NM55 OFC:DD/IMN5:
MNS:
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HAME:JGreeves: Cunningham: G to: RBernero:
DATE:5/ /92: 5/J //92: 5/f/92: f/ (492:
nrp e : u urnen enov
e Distribution EDO 7253 w/encls w/ incoming (NOTE - to hold down on the size Docket 40-8027 of this Enclosure, the incoming is PDR/LPDR not included here, but would be put NRC File Center with the actual copies, as instructed 1HUF R/F in P&P 1-3)
IMSB R/F JHickey HTokar YHorn VTharpe JGreeves CJenkins'3' ~
CEstep JTaylor HThompson SECY RMartin, RIV JBlaha JSneizek -
OGC SUttal, OGC GLongo, OGC TCorbs MVasquez, RIV IMNS Central File HMSS Dir. Off. r/f(2)
EDO R/F NHS$ R/F DMorris EDO JGoldberg, OGC JScinto, OGC WParler, OGC LChandler, OGC JLieberman, OE VYanez(2) i
~
i 7590-01 DD-92 03 The chronological number to be !
assigned to this Director's l Decision would be obtained from OGC, when the letter, etc. is signed by Bernero.
U.S. NUCLEAR REGl'LATORY COMMISSION (see last page of P DOCKET NO. 40-8027 SERVOYAHFUELSCORPORATION CORE, OKLAHOMA, FACILITY ISSUANCE OF DIRECTOR'S DECISION UNDER 10 C.F.R. I 2.206 Notice is hereby given that the Director, Office of Nuclear Material Safety and Safeguards, has issued a decision concerning a Petition dated November 27, 1991, submitted by Native Americans for a Clean Environment and the Cherokee Nation regarding Sequoyah Fuels Corporation's (SFC's) Gore, Oklahoma, f acility.
By Memorandum dated December 9,1991, the Comission referred the Petition to the staff for consideration pursuant to 10 C.F.R. I 2.206. The Petition requested that the U.S. Nuclear Regulatory Comission revoke Sequoyah fuels Corporation's operating license for the Sequoyah facility.
The Director of the Office of Nuclear Material Safety and Safeguards has determined to deny the Petition, except insofar as a Notice of Violation will be issued citing SFC for violating 10 C.F.R i 40.9, and has decided to grant the Petition insofar as the staff will publish, in the Federal Register, notice of all SFC's license amendment applications untti the staff takes final
' 4 4
2 action on the license renewal application. The reasons for this Decision are explained in a " Director's Decision Under 10 C.F.R. I 2.206' (00-92-03 ), which is available for public inspection in the Comission's Public Document Room located at 2120 L Street, NW, Washington, DC 20555, and the Local Public Document Room, Stanley Tubbs Memorial Library,101 E. Cherokee Street, Sallisaw, Oklahoma.
A copy of this Decision will be filed with the Secretary for the Comission's review in accordance with 10 C.F.R. I 2.206. As provided by this regulation, the Decision will constitute the final action of the Connission 25 days af ter .
the date of issuance of the Decision unless the Comission on its own motion institutes a review of the Decision within that time.
Dated at Rockville, Maryland, this f day of % 1992.
FOR THE HUCLEAR REGULATORY COMMISSION
/ -
.-sv Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards i
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