ML20134K543

Requests Copies of 961230 Written Presentation Submitted in Response to Presiding Officer 961209 Memorandum & Order. W/Certificate of Svc.Served on 970212

ML20134K543
Person / Time
Site:	Turkey Point, 05520726
Issue date:	02/12/1997
From:	Julian E NRC OFFICE OF THE SECRETARY (SECY)
To:	Tetrick R AFFILIATION NOT ASSIGNED
References
CON-#197-18165 SP, NUDOCS 9702140081
Download: ML20134K543 (12)

Text

_ - _ _...

/2765

[

N UNITED STATES

~

3"-

• ^

NUCLEAR REGULATORY COMMISSION 00CKEIED j

j WASHINGTON. D.C. 20555-0001 USNRC February 12, 1997 OFFICE OF THE SECRETARY OFFICE OF SECRETARY DOCKEilNG & SERVICE Mr. Ralph L. Tetrick BRANCH I8990 SW 270 Street Homestead, F133031 Re: Filing of documents with the Office of the Secretary SERVEo FEB 1 2 1997 In Docket Number 55-20726-SP

Dear Mr. Tetrick:

Recently, the Docketing and Service Branch learned that in response to a Memorandum and Order of the Presiding Officer in this proceeding, dated December 9,1996, you served your written presentation, bearing a date of December 30,1996 on the document, on the Office of Commission Appellate Adjudication, the NRC Staff Counsel, the Presiding Officer and the Spccial Assistant in this proceeding. However, you did not serve the Secretary with the original and two conforming copies of the presentation.

Kindly provide the requisite copies of the presentation and any other documents that you have served during the course of this proceeding, or may serve in the future, to the Secretary of the Commission, Attention: Docketing and Service Branch. For guidance,I have enclosed a copy of the rules for 10 CFR Subpart L proceedings. Please note the filing requirements stated in Section 2.1203.

Sincerely, Emile L. Julian, Chief Docketing and Service Branch

Enclosure:

As stated cc: Service List 9702140081 970212 PDR MISC 9702140081 PDR

$5g

Energy e

=

e 4

10 re T. S/..' 1 S

9 8

a ab b

5' i

%'d 8 2.1203 R Cft i 0.g.96 p C 6.r., c m j

penalty, is to be conducted in accord-al dispute. the at nuclear fuel storage ca-ance with the procedures set forth in 4

on of the Corntnias M

ing considered.

subpart G of 10 CFIL part 2.

• p

^ N, Tbs provisions of paragraph (c) of

,etion shall apply only with re-157 FR 4153, Feb. 4.19921 a' *

• tion 1d C by 44[

p 88#,o ucenses. aumomauo.. orts to licenses or authoriza-12.130S Docket; filing; service.

b ri,ng is"E8d to issu%es ey to (a) The Secretary shall maintain a y

,t ed for under the Atomic En-docket for each adjudication subject to ution in an Act of 1954, as amended, before Jl a

this subpart, commencing with the al-f g

1. "II3GE agt poseenber 81. 2005.(s) Unless the prwh oh h pers, including any mouest for a he h.

ing of a request for a hearing. All pa-brist sta

• 8 Of 84 disposid poses of all issnes and dismissa me ing, petition for leave t,o intervene,$y' l ladsthattE*

• 84 "4 as

"", aM correspondence, exhibits, decisions, of fact j

3 adjudi Irlag hbo8r.s onier disposing of issues and and orders, submitted or issued in the 84riat pting one or mom issues for moo-proceeding; the hearing file compiled

?)

Ticer shalj also diary pues in an adjudicatory hearing am in accordance wit,h 1 2.1231; and the k

perlocutory and must await the and transcripts of any oral presentations or d

1. Isw or fact shall k

" ** "4 af ths Pmonding, oral questioning made in accoMance 15.1986; 50 Fit 453ss. Oct. 31.

with $2.1235 or in connection with any g unic sidiat 18' rs ofn. oct.

appeal under this subpart must be filed es that-utne and substag with the Omce of the Secretary and 38 " I

[cg ch can only be f,,

p1117 Applicabliity of other sections must be included in the docket. The In proceedings subject to this sul-public availability of ofHcial records uracy by the part the provisions of subparts A ar.drelating to the proceeding is governed evile *

"" "4 0 of Jo NR nart 2 are also applicahe,

and by $2.790.

(b) Documents are flied with the 01-I a of the Commission is eept where inconsistent with the pro.

in whole or in part on sfons of this subpart.

fice of the Secretary in adjudications subject to this subpart either-(1) By delivery to che Docketing and j

that dispute.

I a determination M

this section. th cedures for AdludcWlons in Service Branch of the Omce of the Seo-11 not consider-M erlGls Ond Operator U-retary at One White Flint North.11555 f

re.

Rockville Pike, Jtockville, MD 20852; or elating to the d consing Proceedngs (2' By mail or telegram addressed to

.j' 64 fit 8276. Feb. 28,1989, unless t' o 8eaetary, U.S. Nuclear Regulatory 3peration of any c, b 4,

Commission, Washington, DC 20555 At-tr reactor alte dy Ib socacs:

at the site, or CI' othuwi88 n t*d-tention: Docketing and Service Branch.

J wer reactor to Filing by mail or telegram is com-4j rmfC has been granted 1 11301 Scope of subpar 4.

plete as of the time of deposit in the d

is (a) The general rules of this subpart mail or with the telegraph company.

I the presidin er fovern procedure in any adjudication Filing by other means is complete as of j

any such iss 8

initiated by a request for a hearing in the time of delivery to the Docketing di4

.he design

• t -

a proceeding for-and Service Branch of the Omce of the

'j of t.he fac1 lit 8

t license a 1I ti n, (1) The grant. transfer, renewal, or 11-Secmtary.

f amendme ceneinWated amendment of a mate-(c) Each document submitted for ill-

,/

clear fuel at r ge ca-rials !! cense subject to parts 30, 32 ing in an adjudication subject to this

sidered; or through 35,39,40, or 70 of this chapter; part, other than an exhibit, must be i

legibly typed, must bear the docket 2

>r deal is ue fully or

'ided b e Cornmis-(2) The grant, renewal, or licensee-number and t,he title of the proceeding.

d with the issuance of initiated amendment of an operator or and, if it, is the first document flied by

.mit or operating 11 senior operator license subject to part that participant, must designate the

/y 55 of this chapter, ntme and address of a person upon (nue ear power reac-(b) Any adjudication regarding, (1) a whom service can be made. The docu-G rnaterials license subject to parts 30,32 ment also must be signed in accordance h

b issue re-lelon of 81 ting r de-C llow-through 35, 39, 40, or 70, or an operat.or with $2.708(c). A document, other than

h or senior operator license subject to correspondence, must be flied in an tg (nd e residing that h issue sub-part 55 that is initiated by a notice of original and two conforming copies.

7 hearing issued under $ 2.104, or (2) a no-Documents filed by telegram are gov-p he des truc-

>f the faCly tice of proposed action under $2.105, or erned by $2.708(f). A document, that 7

~y ;r e g3 cense application, a request for hearing under subpart D falls to conform to these requirements of 10 CFR part 2 on an order or a civil f

amendment to ex-117 I

4

l f

$ 2.1205 10 CFR Ch.1 (1-1-96 Eg g,Regu may be refused acceptance for filing (11) Thirty (30) days after the na n

(p The and may be returned with an indica-quester receives actual notice of g t under ti tion of the reason for nonacceptance. agency action granting an applic&tiot 48 the procee' Any document tendered but not accept-in whole or in part, or t2) The na ed for filing may not be entered in the (iii) One hundred and eightF fit

,equest0f'8 docket.

days after agency action grantint at other interest (d) Computation of time and exten-application in whole or in part-(3) The PW sfon and reduction of time limits 18 (d) The request for a hearing filed h that snay be one ree done in accordance with 552.710-2.711.

a person other than an applicant rum upon (e) A request for a hearing or a peti-describe in detail-th) If a he tion for leave to intervene must be (1) The interest of the requestor 1:

paragraph (b served in accordance with $2.712 and the proceeding; the applican 62.1205(e), (j). All other documents Is-(2) How that interest may be affecg be parties to 2

sued by the presiding officer or the by the results of the proceeding, it, I"I N""

Commission or offered for filing are cluding the reasons why the requesto thl8 **#

served in accordance with $ 2.712.

should be permitted a hearing, weg shall be a particular aference t the factors am 7f if the 52.1205 Request for a hearing; petition out in paragraph (g) of this section; to participat for leave to intervene.

(3) The requestor s areas of concer-wt2 621213.

(a) Any person whose interest may be about the licensing activity that is tg jf a rey' affected by a proceeding for the grant.

subject matter of the proceeding; and d a not transfer, renewal, or licensee-initiated (4) The circumst.ances establishing aph (

P' amendment of a license subject to this that the request for a hearing 19 "rnely !

publist subpart may file a request for a hcar-in accordance with paragraph (c) e '

ga, a noti ng.

this section.

ished in th (b) An applicant for a license, a 11-(e) Each request for a hearing rnur ing-cense amendment, a license transfer, or be served, by delivering it personally ch (1) The tii1 a license renewal who is issued a notice by mail to--

hearing; of proposed denial or a notico of denial (1) The applicant (unless tb (2) The a and who desires a hearing shall file the request, for the hearing within O e time requestor is the applicant); and hearing is it specified in $ 2.103 in all cases. An appli-(2) The NRC staff, by delivery to the (3) The ma cant may include in the request for Executive Director for Operations. One considere hearing a request that the presiding of.

White Flint North, 11555 Rockv!Ue,

(4) T ficer recommend to the Commission Pil:e, Rockville, MD 20852, or by ma!;

person w that procedures other than those au.

addressed to the Executive Director for ;

by the p thorized under this subpart be used in Operations. U.S. Nuclear Regulatory leave t the proceeding, provided that the appli. Commission Washington, DC 20555.

graI5 The tl cant identifies the special factual cir-(f) Within ten (10) days of service of a rticipi to cumstances or issues which support the request for a hearing filed under para-use of other procedures.

graph (c) of this section, the applicant g"Anypt (c) A person other than an applicant may file an answer. The NRC staff, ifit must be fil' shall file a request for a hearing with-chooses or is ordered to participate as the date of in-a party in accordance with $2.1213, may hearing. T (1) Thirty (30) days of the agency's file an answer to a request for a hear-the inform publication of the initial FEDERAL REo-ing within ten (10) days of the designa-graph (d) o IS'rER notice referring or relating to an tion of the presiding officer.

(1) A pet application or the licensing ction re-(g) In ruling on a request for a hear-must be se:

i quested by an application, which mtA ing filed under paragraph (c) of this petition al include a reference to the opportunity section, the presiding officer shall de-l NRC staff-for a hearing under the procedures set termine that the specified areas of con- -

(i) By dr forth in tais subpart; or cern are germane to the subject trutter rector for '

(2) If a FEDERAL REo! STER notice is of the proceeding and that the petition North, ll5f not published in accordance with para-is timely. The presiding officer also M D 20852;(

graph (c)(1), the earliest of-shall determine that the raquestor (11) By n (1) Thirty (30) days after the re-meets the judicial standards for stand-tive Direc quester recalves actual notice of a ing and shall consider, among other clear Reg pending application, or factors--

ington, DC 118 e :

f

~

~_

h y

smos

' "* C' "'-% g,m cam (2) Within ten (10) days of service of

. ;M' f

nature of the requestor's a petition for leave to intervene, the the The eceives act sk

• Of under the Act to be made a party applicant and the NRC staff, if the staff proceeding; chooses or is ordered to participate as f

tion grantinK n applica fif (I) The nature and extent of the a party in accordance with $2.1213 may qf r in part, or property, financial, or

'jg 9 hundred d eighty (

1. pstor'sfaterest in the proceeding; and (3) Thereafter, the petition for leave d

file an answer.

agency actio #""lIag 1in whole o i The possible effect of any order to intervene must be ruled upon by the 4

1. Dg filed

• t snay be entered in the proceeding pasiding ofUcer, taking into account h

equest to f

the requestor's interest.

the matters set forth in paragraph (g)

$ l<

ther th pl cant in dotaff If a hearirg request filed under of this section.

d ph (b) of this section is granted, (4)If the petition is granted, the peti-

}g-nterest of the requestor ppilcant and the NRC staff shall tioner becomes a party to the proceed-gj

[psrties to the proceeding. If a hear-request filed under paragraph (c) of (k)(1) A request for a hearing or a pe-j 3

h infast may be a#ee ing.

the proceeding o

e'fs section is granted, the requestor tition for leave to intervene found by

, masons why the requ, shall be a party to the proceeding the presiding officer to be untimely perrnitted a hearing, along with th9 applicant and the NRC under paragraph (c) or (j) will be enter-Wennce to the factors

• staff, if the staff chooses or is ordered tained only upon determination by the Taph (g) of this section'-

to participate as a party in accordance Commission or the presiding ofDcer

' questor's areas of con '#8 that the requestor or petitioner has es-with 12.1213.

censing activity that is the (f)1f a request for a hearing is grant-tablished that--

ter of the proceeding; g sd and a notice of the kind described in(1) The delay in filing the mouest for drcumstances establishj4 paragraph (c)(1) previously has not a hearing or the peution for leave to 1

uest for a hearing is t w pub 1'shed in the PEDERAL Rao-intervene was excusable; and ce with paragg [j *lf gersa, a notice of hearing must be pub-(11) The grant of the request for a of

!! abed in the FsDERAL REGISTER stat-hearing or the petition for leave to in-(

equest for a heari h"'I ing-tervene will not result in undue preju-delivering it perso Ily or (1)The t.ime, place, and nature of the dice or undue injury to any other par-

-]

bearing; tic 2psat in the proceeding, including app!! cant (unjees the (2) The authority under which the the applicant and the NRC staff, if the q"

he appffcant); and bearing is to be held; staff chooses or is ordered to partici-(3) The matters of fact and law to be pate as a party in accordance with C staff, by dell t the rector for O U s,One considered; 52.1213.

g North, 11555 Rockville (4) The time within which any other

@ H the aquest for a hearing on the

{

lle, hfD 20652 person whose intemet may b aNected the Executi e Dimetor for by the proceeding may petition for petition for leave to intervene is found mail J.

to be untimely and the requestor or pe-

@[!

18 Nucl egulatory leave to intervene, as specified in para-utioner fails to establish that it other-

[

WashiDaton, DC 20555.

graph (j) of this section; and wise should be entertained under para-

.n days of service of a (5) The time within which a request graph (k)(1) of this section, the mquest g

ng filed under para-to participate under $2.1211(b) must be or petition will be treated as a petition

'}

a secdon, the applicant filed.

under $2.206 and referred for appro-(j) Any petition for leave to intervene priate disposition.

1

r. The NRC staff, if it must be flied within thirty (30) days of

• • dered to participate as H

(1) The filing or granting of a request ardance with $2.1213. may the date of publication of the notice of for a hearing or petition for leave to in-i hearing. The petition must set forth tervene need not delay NRC staff so-to a request for a hear-

00) days of the designa, the information required under para-tion regarding an application for a 11-tiding orncer.

graph (d) of this secdon, censing action covered by this subpart.

J (1) A petition for leave to intervene (m) An order granting a request for a n a request for a hear.

must be served upon the applicant. The hearing or a petiuon for leave to inter-i r naragraph (c) of this petition also must be served upon the vene may condition or limit l'articips-4

'esiding ofUcer shall de-NRC staff-tion in the interest of avoiding repet-h; le sp3cifjeq "f888 of con-(1) By delivery to the Executive Di-itive factual presentations and argu-Q ne to the subject matter rector for Operations, One White Flint ng and that the Detidon North,11555 Rockville Pike, Rockville, ment.

^

(n) If the presiding ofncer denies a

' presiding officer also MD 20052; or mwat for a hearing or a petidon for

e that the requestor y man addmssed to the Execu-lean to intemne in ite endmy, the tal standards for stand-or for Operadons, ES. W-action is appealable within ten (10) m consider, among othe#

clear Regulatory Commission, Wash-days of service of the order on the ington, DC 20555.

i 119

-om f

4

10 CFR Cit I (1-1-96 Eg

$2.1207 question whether the request for a judication by the parties with reeg IIg hearing or the petition for leave to in-to the part 70 application are substg Of D#

tervene should have been granted in tially the same as those being heard whole or in part. If a request for a the pending proceeding under 10 p'S" part 60, the Licensing Board may g the (

hearing or a petition for leave to inter-duct the hearing in accordance wtg ad-n vene is granted, parties other than the requestor or petitioner may appeal the procedures in subpart G.

the I ance-that action within ten (10) days of serv-ice of the order on the question wheth-f2.1300 Power of : " "=5 o m eer.

part er t.he request for a hearing or the pet,1-A presiding offloor has the dutT le

$ 2.12 tion for leave to intervene should have conduct a fair and impartial hearing (DI been denied in its entirety. An appeal socording to law, to take appropriah gran may be taken by filing and serving action to avoid delay, and to mainteln unde upon all parties a statement that suo-order. The presiding omoer has ag whef cinctly sets out, with supporting argu-powers nenammary to those ends, incing.

of a ment, the errors alleged. The appeal ing the power to-5 2.11 may be supported or opposed by any (a) Regulate the course of the hem tere; party by filing a counter-statement ing and the conduct of the partid.

or a within fifteen (15) days of the service of panta; oppc the appeal brief.

(b) Dispose of procedural requests er ceed similar matters; for i (H FR 8F76. Feb. 28,1980 as amended at 56 (c) Hold conferences before or dur%g

,,3t '

FR 30006. Sept. 7,1990; 50 FR 29180. June 6, the hearing for settlement, simplifica-t Iget) tion of the issues, or any other proper IIC'{

83.1307 Designation of,

"M esi-purpose, (d) Certify questions to the Comm4

• I "

oer.

sion for determination, either in tJu (a) Unless otherwise ordered by the

"'t Commission or as provided in para-presiding offloer's discretion or on dl.

rection of t.he Cornmissiop*

M8 l

- graph (b) of this section, within ten (10)

(e) Reopen a closed record for the to.

the days of receiving from the Office of the ception of further information at arg rept Secretary a request for a hearfar relat-time prior to initial deciaion in accord. l tun-ing to a licensing proceeding covered ent.

by this subpart, the Chairman of the anos with $ 2.7M; Atomio Safety and Licenairw Board (f) Administer oaths and amtms.

and ress Panel shall issue an order dealgnating t.fons; (g) Issue initial decisions; spe a single member of the panel to rule on (h) Issue subpoenas requiring the at.

thit the request for a hearing and, if neo. tendance and testimony of witnesses at an essary, to serve as the presiding offloor the haaring or the production of docu-52.1 to conduct the hearing.

(b) For any request for hearing relat-mecta for the hearing; wh; (1) Receive written or oral evidence ing to an application under 10 CFR part, and take official notice of any fact in 6 2.,

70 to receive and store unirradiated fuel at the site of a production or utill. accordance with $2.743(f);

g, (j) Appoint special assistants from (2[l sat.fon facility that also is the subject the Atomic Safety and Licensing Board of a proceeding under subpart G of this Panel in accordance with $2.722; P"

part for the issuance of an operat.ing 11 (k) Recommend to the Commission I'C; cense, within ten (10) days of receiving that procedures other than those au-

ter, from the Office of the Secretary a re.

thorised under this subpart be used in a PF Atomic Safety and Licensing Board particular proceeding; and NFl quest for a hearing t.he Chairman of the (1) Take any other action consistent fic j Panel shall issue an order designating with the Act and t.his chapter.

pal a Licensing Board conducting the oper ating license proceeding to rule on the [H FR 236. Feb. 28.1980, as smended at M by request for a hearing and, if necessary. FR 2ptll, June 27,1991)

LI' to conduct the hearing in accordance we with this at.bpart. Upon certificat.lon t.o

$2.1211 Partleipation by a person not the Commission by the Licensing a pasty.

pa pa Board designated to conduct the hear-(a) The presiding offloer may permft or ing that the snatters presented for ad-a person who is not a party to make a l

12

10 CFR Ch. I (1-1-96 E%

Regulatory Commission

$ 2.1231

[

girnited appearance in order to state his as a party with respect to that particu-

{

e 70 a 1 tion su lar issue.

g

• f.he same as those being heard i or ber views on the issues. Limited ap-ending proceeding under 10 CPk F,,rga es may be in writing w wal. at [54 FR 8278. Feb. 28,1989; 54 FR f0035, Dec. 26, 50, t,he Licensing Board may con-the disuem M W pWng scen gg the hearing in accordance wit and are governed by rules adopted by 82.1215 Appearance and practice.

ocedures in subpart G.

the presiding officer. A limited appear-ance statement is not to be considered (a) An individual may appear in an O Power of preelding omeer.

part of the decisional record under adjudication under this subpart on his

,f residing omcer has the duty to (2.1251(c),

or her own behalf or by ar. attorney-at-ct a fair and impartial hearing (b) Within thirty days of an onter law. Representation by an attorney-at-Sing to law, to take appropriate granting a wouest for a hearing made law is not necessary in order for an or-t to avoid delay, and to maintain under 52.1205(b)-(c) or, in instances ganfzation or a $ 2.1211(b) participant to The presiding omcer has all when it is published, within thirty days appear in an adjudication conducted under this s*tbpart. If t.be representa-s necessary to those ends, includ.

of a notice of hearing issued under tire of an organisation is not an attor-l e power to-12.120b(1), the representative of an in.

ney-at-law, he or she shall be a member tegulate t,he course of the hear-terested State, county, municipality, or officer of the organization rep-ad the conduct of the partici.

or an agency t, hereof, may request an resented. Upon request of the presiding opportunity to participate in a pro, ofncer, an individual acting as a rep-Hspose of procedural requests or ceeding under this subpart. The request nsenWe M FWe apMaw I

old conferences before or durf i

f r an opportunity to participate must information establishing the basis of i

aring for settlement, simplific l

state w th masonable specincity me his or her authority to act in a rep-requestw,s areas c neern about me resentational capacity,

' the issues, or any other proper licensing activity that is the subject (b) Any action to reprimand, censure, e;

ertify questions to the Commis-rnatter f the proceeding. Upon rece;pt or suspend a party, a $2.1211(b) partici-ir dstermination, either in the of a request that is filed in accordance pant, or the representative of a party ng ofHcer's discretion or on di.

with these time limits and that speci-or a 52.1211(b) participant must be in of the Commissioni fles the requestor's areas of concern. accordance with the procedures in e'

eopan a closed recoi J for the re.

the presiding officer shall afford the $ 2.713(c).

i of further information at any representative a reasonable oppor-iw to initial decision in accord.

tunity to make written and oral pres.

HraaINos th $2.734;

,ntations in accordance with $12.1233 dminister oaths and afiltma.

and 1.1235, without requiring the rep-h ng filei prohibition on resentative to take a position with re-(a) Witnin thirty @) days of the pm-sue inEd decisions; spect to the issues. Participant.s under 8 ding o cers entry of an udw grant-h sue subpoenas moutring the at-this subsection may notice an appeal of ing a aquest fw a hearing, the NRC

e and testimony of witnesses at an laitial decision in acconiance with

• b E"**"

ring or the production of docu-12.1253 with respect to any issue on the presiding ofHcer, and make avail-I or the hearing.

hlch they participate.

able t.o the applicant and any other ceive written or oral evidence pLrty to the proceeding a hearing file.

e ofHcial notice of any fact in 12.1213 Role of tlw NRC staff.

ace with $2.743(1);

Thereafter, within ten (10) days of the i

apoint special assistants front i If a hearing request is filed under date a petition for leave to intervene or i

nic Safety and Licensing Board 12.1205(b), the NRC staff shall be a a request t.o participate under accordance with $2.722; party to the proceeding. If a hearing $ 2.1211(b) is granted, the NRC staff commend to the Commission request is filed under $2.1205(c) within shall make the hearing file available to medures other than t. hose au-ten (10) days of the designation of a the petitioner or the $2.1211(b) partici-under this subpart be used in a presiding officer pursuant to $2.1207 the pant.

tr proceeding; and NRC staff shall notify the presiding of-(1) The hearing file must be made te any other action consistent fleer whether or not the staff desires to available t,o the applicant and any i

Act and t,his chapter, participate as a party to the adjudica. other party or $2.1211(b) participant to 1

ti n. In addition, upon a determination the proceeding either by-

{

76. F*b. 28.1989, as amended at 56 (1) Service in accordance with

. Juna 27.1spij by the presiding officer that the rasolu-

$2.l M e); w tion of any issue in the proceeding (ii) Placing the flie in an established Pr.sticipation by a person not would be aided materially by staff's 1 cal public document room in the vi-ty, participation in the proceeding as a n

e n

I caWn dem presiding oincer may permit party, the presiding officer may order who is not a pany to enaga a or permit the NRC staff to participate a proc eding n er hi st.

11 121 f

L

l c

9 2.1233 10 CFR Ch.1 (1-1-96 Edmog gg possessed, and informing the applicant, 62.1233 Written presentations; writtet re erenced by party, or $2.1211(b) participant in writ-questions.

,taff or N

ing of its action and the location of t.be (a) After pub 1! cation of a notice of

1. nt in a wri file. If an established local public docu-hearing in accordance with $2.12050i noe to "

ment room does not exist, the NRC and after the NRC staff has made the presiding staff will arrange for t.he documents hearing file available in accordance cretion, perrr contained in the hearing file, along with $2.1231, the parties and $2.1211(h (e) strict wit,h any other material docketed in participanta shall be afforded the op

,pply to wt accordance with 5 2.1203, to be made portunity to submit, under oath or af.

this section.

available for public inspection and firmation written presentations of may. 08 "UL

t. heir aquments and documentarf Ocer's own i copying during the course of the adju.

dication in a library or ot.her facility data, informational material, and tion of a *d that is accessible to the general public other supporting written evidence at sponse to a e t.he time or times and in the sequence mulative. ir during regular business houm and is la the presiding ofncer establishes by +

unreliable.

the vicinity of the principal location pmpriate order. The pmsiding ofn'cer where the nuclear material t. hat is the also may, on his or her initiative, sub.

93.1235 om subject of the proceeding will be poa, mit, writ. ten questions to the parties te SI88's.

sessed answed in wriung, unde oa2 or (a) Upon -

(2) 'k'he hearing file also must be affirmation, and supported by appro.

necessary to made available for public inspection priate documentary data, inforn*

for decision.

$ residing 00 and copying during regular business tional material, or other written evi-houn at the NRC Public Document, donce.

ral presen Room in Washington, DC.

(b) In s hearing initiated undet

$ 2.1211(b) pv (b) The hearing file will consist of the 5 2.120fe,), the initial written presen-many by wi application and any amendment there-tation M the applicant that is issued a are subhet to, any NRC environmental impact notice of proposed denial or a notice of limits the statement or assessment relating to denial must describe in detail any defl.

Responsibili the application, and any NRC report ciency or omission in the agency's do.

examinatfor and any correspondence between the nial or proposed denial of its applica-the presidir applicant and the NRC that is relevant tion and what re!!ef is sought with re-party or 52 to the application. Hearing ille docu. spect to each deficiency or omission.

pose questf(

E ments already in an established local (c) In a hearing initiated under to pose to a public document room or t.he NRC Pub- $2.1206(c), t.he initial written presen-(b) Oral r lic Document Room when the hearing tation of a party that mqutated a hear i to oral ques request is granted may be incorporated ing or petitioned for leave to intervene.

oral evidem or affirmat must describe in detail any deficiency i

into the hearing file at those locations or omission in the license application. i or oral qu by a reference indicating where ag with references to any particular seo-graphically those locations t.he documenta can be t.fon or portion of the application con-quested put found. The pmsiding officer shall rule sidered deficient, give a detailed state-Act, must upon any issue regarding the apprew-ment of reasons why any particular ordered by priate materials for the hearing flie, section or portion is deficient or why (c) Strict (c) The NRC staff has a continuing an mission is material, and describe apply to o duty to keep the hearing file up t,o date n etail what allef is sought wm &

secuon. W with respect to the materials set forth spect t.o each deficiency or omission.

on motion in paragraph (b) of t.his sect. ion and to (d) A party or $2.1211(b) participant own initiat provide those materials for the docket., making an initial written presentation oral presen the presiding officer, and t.he applicant under t.his section shall submit with ita questioning or any party or $2.1211(b) participant in presentation or identify by reference to vant, imma a manner consistent with t.he way the a generally available publication or g gng* {

hearing file was made available ini-source, such as the hearing file, all doc-tially under paragraph (a).

umentaay data, informational mate-(d) A party or $2.1211(b) participant rial, or other written evidence upon 62.1237 M may not seek discovery from any other which it relles to support or illustrate (a) Motic party, $ 2.1211(b) participant, or t.he each omission or deficiency complained ing must t NRC or its personnel, whet.her by docu-of. Thereafter, addit.fonal documentary in accordal ment, production, deposition, interrog-data, informational material, or other (b) Unlel stories, or otherwise.

written evidence may be submitted or g, residing <

122

%y M'

$ 2.1251 i

a Ch. I (I-I-96 Edmorn pluclear Regulatory Cvi6.r.M,

Presentations; wdtten sferenced by any party, other than the proponent of an order has the burden of l

yRC staff, or by any $2.1211(b) partici-proof.

0 Ication of a not! * 'I pant in a written presentation or in re-92.1239 Consideration of Cosassission d

sponse to a written question only as rub and mgulations in infomal 1

rdan I

1C de the the presiding officer, in his or her dis, adjudications.

Ig dia e in accordance rmits (a) Except as provided in paragraph j

w 8 211(b)

$e t,rict rules of evidence do not (b) of this section, any regulation of 11 be orded t opply to written submissions under the Commission issued in its program y

mit, under oath or af.

this section, but the presiding omcer for the licensing and regulation of pro-may, on motion or on the presiding of-duction and utilization facilities.

ten presentau N

a and d e t ry neer's own initiative, strike any por-source materia >. specai nuclear mate-ana Lion of a wdtten preseniauon - a re-rial, or byproduct material may not be

{

onal mat r,i, -

sponse to a written question that is cu-challenged in any adjudication subject

. w,,tte,

g a and in the mutative, irrelevant, immaterial, or

<cer establishe [

unreliable.

(b) A party to an adjudication subject to this subpart.

to this subpart may petition that the The presidi Cer or her initiative, sub-12.1235 Oral presentations; oral ques-application of a Commission regulation j

i ns t the parties to tions.

specified in paragraph (a) of this sec-rh u J.

der oath or (a) Upon a detcrmination that it is tion be waived or an exception made necessary to create an adequate record for the pardcular proceeding. The sole

/

supp p ro-tary data, fo for decision, in his or her discretion the ground for a request for waiver or ex-

.A or other written presiding omccr may allow or require E

cumstances exist so that application of

-in3 initiated d8 82.1211(b) participant, including testi-the regulation to the subject matter of mony by witnesses. Oral presentations the proceeding would not serve the pur-IUal wdtkn sen-are subject to any appropriate time

'icant that is i u i denial or a nou

• f limits the presiding omcer imposes. poses for which the regulatio was q

ibe in detail any de esponsMty M W conduct M W adoptei In W abnN M a Wa g

n in the agenc 's d8-examinati n f any witness rests with facie showing of special circumstances.

+

the presiding officer may not further denial of its a the presiding officer who may allow a consider the matter. If the presiding of-lef is sought w party or $2.1211(b) participant to pro-ficer determines that a prima facie Siency or omissi p se questi na r the presiding officer showing has been made, he or she shall fng initiated udr to pose to a witness, certify directly to the Commission it-(b) Oral preaentations and responses self for determination the matter of i;fal writkn

, hat requested to oral questioning to be relied upon as whether special circumstances support l

oral evidence must be given under oath a waiver or an exception and whether a ror leave t 88 jetail any den ency or affirmation. All oral f:resentations waiver or an exception should be grant-33 cense application, or oral questioning must be st eno-ed. The Commission's determination graphically reported and, except as re-shall be made after any further pro, 8

th U

quested pursuant to section 181 of the p

(17 d ' "*d 8t" ~

Act, must be public unless otherwise ceeding the Commission deems appro-t wh#

U ul ordered by the Commission.

priate.

~

(c) Strict rules of evidence do not 92.1241 Settlement of proceedings.

[i de hy J

• rfal,.md describe apply to oral submissions under this The fair and reasonable settlement of y

fg ht with re-section, but the presiding omcer may.

fenc'y n the presiding officer % proceedings subject to this subpart is i2.1211(b) partici -

n m ti n r r

wn initiative, atrike any portion of an encouraged. A settlement must be ap-ral presentation or a response to oral proved by the presiding officer or the shall oubmit with ita q esti ning that is cumulative, irrele-Commission as appropriate in order to j

wdtkn prem n

9tify by reference M va t, immaterial, or unreliable.

be binding in the proceeding.

j h',

able publication or 154 FR 8279, Feb. 28,1989; 64 FR 53035. Dec. 26.

[$6 FR 2H11 June 27,1991]

hearing file, gjj doc,

" 83 INTrIAL DECISION. COMMIS810N REVIsw.

nformational mate.

tten evidence u 12.1237 Motions; burden of pmof.

AND FINAL DECISION i

support or illustr te (a) Motions presented in the proceed-62.125I Initial decision and its effect.

'ficiency complained i

ing must be presented and disposed of Unless the commission directs itional documentary e

in accordance with 552.730 (aHg).

that the record be certified to it in ac-(a)

I material. or other (b) Unless otherwise ordered by the i

1ay be submitted or prealding officer, the applicant or the cordance with paragra-h (b) of this sec-123

[

10 CFR Ch.1 (1-1-96 Edgiorg g Regukilj

$ 2.1253 tion, the presiding officer shall render (1) As provided in any order issued in IggggsStaysp ections or (

an initial decision after completion of accordance with $2.1263 that stays the omeer i an informal hearing under this subpart. effectiveness of an init,lal decision; or ing That initial decision constitutes the (2) As ot.herwise provided by the pending bed final action of the Commission thirty Commission in special circumstances.

Applications f or action,

(f) Following an initial decision re-

• mn (30) days after t.he date of issuance, un-solving all issues in favor of t.he licens.

presiding officer less any party petitions for Commis-ing action as specifled in paragraph (e)

NRC staff in is i

l sion review in accordance with $2.7M of this section, the Director of Nuclear cortlance W M (

or t,he Commission takes mytew of the Reactor Regulation or the Director of by $2.7M. excep1 j

(b) The Commission may direct that Nuclear Material Safety and Bafe.

, gay of staff liy decision sua sponte.

of (

the presiding ofDcer certify the record guards, as appropriate, notwithstand.

cornpietion to it without an initial decision and ing the filing of a petit,lon for review or this subpart rm(

pendency of any review taken by the a request for ai intervene is fiC may omit an initial decision and pre-Conunission pursuant to 62.7M, shall days of the sta7 pare a final decision upon a nading take the appropriate licensing act,lon that due and timely execution of its upon makin; the appropriate licensing later. A request functions so requires.

findings promptly, except as may be censing action j (c) An initial decision must be in writing and must be based only upon provided pursuant to paragraph (e)(1) adjudicatory which the licen(

information in the record or facts offi-or (2) of this section.

ing.

l cially noticed. The record must, include (H FR 8280, Feb. 28,1989; 54 FR fa035, Dec. 26, 2

ceeding with respect to which all par-APPENpgx A Io all information submitted in the pm-19sp; 56 FR 29411, June 27,19911 i

ties have been given reasonable prior 311263 Petitions for review of initial fo Duct ou notice and an opportunity to comment.

decisions.

The initial decision must include--

Parties ar A 12.1211(b) participants u or (1) Findings, conclusions, and rul-may petition fc review of an initial DucrION M decision under this subpart in accord-

. RIES FOR R h in*

n al ma,e al issues ff t*

ance with the procedures set out in QtTIRED UNI l ATOMIC EK law, or discretion presented on the ll2.7M and 2.763 or the Commission

.nay nview e deision on its own m&

AMEND # I

2) ' he appropriate ruling, order, or dental of relief with its effective date, fue The following g

dures me Comsnission deems am dures ic th

( ) The time wit.hin which a pet,it,lon priate. The niing of a peution for re-mi son expectsi for review may be filed, the time with-view is mandatory for a party to ex-safety and licenq proceedings relat in which any answer to a petition for haust ita administrative remedies be-struction permly review may be filed, and the date when fore seeking judicial review.

reactors and ots the decision becomes final in t.he ab-sence of the Commission taking review [56 FR 29411, June 27,19911 facilities for wh' under section 1 of the decision.

( 1 1269 Final deciolon; petition for re-of 1954, as amen (d) Matters not put into controversy consideration.

Reorganization are also app 1tca by the parties may not be examined (a) Commission action to render a sua c sc]p and decided by the presiding ofncer. If final decision must be in accordance n1 the presiding ofHcer believes that a se-rious safety, environmental or com-with $ 2.770.

Indicate, or exd rron defense and security matter exists (b) The provisions of $2.771 govern ynt. section y the Gling of petitions for reconsider-specifically apty that has not been placed in con-proceedings. TF troversy, the presiding ofncer shall ad-ation.

commission's is vise the Commission promptly of the basis for that view, and the Commis. ( 1 1281 Authosity of the Secretary to mie on pmoeaural saatters.

• in the event sion may take appropriate action.

Provisions of t (e) Pending teview and final decision The Secretary or t,he Assistant Sec-t by the Commission, an initial decision retary may rule on procedural matters Ofg18 gjrt's t

,p a resolving all issues before the presiding relatinst to proceedings conducted by cate this state ofUcer in favor of authorizing licensing the Commission n.self under this sub-cable to licene action subject to this subpart is imme-part to the same extent they can do so scrited in the a un'ler $2.772 for proceedings under sub-ducted by a hes diately effective upon issuance ex-Ing officer.

cept-part G.

124

~

)

l l

l

}

j Pt. 2, App. A Ch. I (1-1-96 EdlNon) platofy Commission be conducted expeditiously and its concern j

in any order fesued in of NRC staff licenst (2.12Ki that stays the IM ga'r of decisions of a pres!7 est its pmceduas maintain eunicient flex 1-g

"" ions c bility to accommodate that objective. Tbis j'

i initial decision; or orrioer or the Commission, p sition is founded upon the recognition that se provided by the odi hearir.g or review.

fairness to all 2e parties in such cases and v

ic141 cireumstances.

Applications for a stay of any dect-the obligation of administrative agencies to l'

(h 1 initial decision re-8I#n or action of the Commission, a conduct their functions with etnciency and in favor of the licens-ding offloer. or any action by the economy, require that commission adfudian-tions to conducted without unnecessary j

Hied in paragraph (e) staff in issuing a license in ac.

d* lays. These factors take on added impor-y N

e Director of Nuclear c rdance with $2.1205(1) are governed tance in nuclear power reactor licensing pro-M by $2

. execpt that any request for a ceedings where the growing national need for in or the Director of stay of staff licensing action pending electric power and the companion need for Bafety and 8

>riate, notwithstand-cornpletion of an adjudication under protecting the quality of the environment petition for review or this subpart must be filed at the time call for decision making which is both sound "eview taken by the a request for a hearing or petition to and timely. The Commission expects that its i

ant to f 2.786, shalf intervene is filed or within ten (10) responsibilities under the Atomic Energy Act of 1964, the National Environmental Pol-

)

ate licensing action days of the staff's action, whichever is icy Act of 19e9 and other applicable statutes, tppropriate licensing later. A request for a stay of a staff 11 sa set out in the statement which follows.

except as may be CNiN action must be filed with the wul be carried out in a manner consistent to paragrapb (e)(I) adjudicatory decisionmaker before with this position in the overall public inter-1" which the licensing proceeding is pend-og, Atomic safety and licensing boards are ap-49; 64 FR 53035. Dec. 26' ing.

pointed from t.ime to time by the Conunis-27, 1991) f t

APPENDIX A W PART 2-STATEMENT OF sion or the Chairman of the Atomic Safety for review of initial j

G ENERAL PoiJCY AND PROCEDURE: and Licensing Board Panel to conduct hear-ings in licensing cases under the authority of CONDUCT OF PROCEEDINGS FOR TIIE section 191 of the Act. Section 191 authorises 186UAhCE OF CONSTRUcr!ON PERMrrs the Commission to establish one or more 1211(b pa fpants AND OPERATING LICENRES FOR PRO.

stomk safety ad Ucensing M M N BV;ew of an initial DUCTION AND UTILIZATION FACILI-duct public heartegs and to make intermedi-

. subpart in accord-ms NR MHCH A HEARMO Is RE-ate or naal decisions in administrative gro-cedures set out in QUIRED UNDER SECrION 189A OF THE ceedings relating 14 rranting, suspending, re-i

,r the Commission m

ER As voking or amending lum Wed by the sion on its own mo-AMENDED

• Commission. It requires that each board con-ji

<d

.eview will be con-sist of one member who is qualtflad in the

,e with those proce-The following statement of general policy conduct of administrative proceediners and F

sion deems appro-and procedun explains in detail the proce-two memben who have such technical or i

f a petitJon for re.

duren which the Nuclear Regulatory Com-other qualifications as the Commission rsission expects to be followed by atomic deems appropriate to the issues to be de-i for a party to ex-safety and limnaing boards in the conduct of cided. Members of each board may be ap-ative remedies be-prceeedings ulating to the issuance of con-pointed by the Commission or by the Chair-3 review' struction permits for nuclear power and test man o' the Atomic Safety and Licensing reactors and other production or utilization Board Panel from a panel selected from pri-91) l facilities for which a hearing is mandatory vate life, the staff of the Commission or under section IEDs of the Atomic Energy Act other Federal agencies.

ion; petition for re-I of 1954. as amended (the Act) and the Energy An Atomic Safety and Licensing Board Reorganization Act of 1974.8 The provisions may at its discretion appoint special assiste etion to render a are also applicable to proceedings for the is-ants to the Board from the membership of be jn accordance suance of operating licenses for such facili" he Atomic Safety and Licensing Board 6

ties, except as the context would otherwise Panel established by the Commission. These indicate, r except as indicated in section special assistants are to be employed to fa-i of 12.771 govern secti n m seta ut the procedes c111 tate the hearing process and improve the 3

na for reconsider-specifically applicable to operating !! cense quality of the record produced for review.

proceedings. The Statement reflecta the The special assistants may serve as technical p

i Commission's intent that such proceedings interrogators in their individual fields of ex-gg pertise, alternate Atomic Safety and Licens-

'In the event of any conflict between the ing Board members to sit with t.be Board and al maatters.

o he Assistant Sec-provisions of this appendiz and any section participate in the evidentiary sessions on the Issue for which the alternate members were rocedural rmttm of this part, the section governs.

igs conducted by 2Except as the context may otherwise indi-designated. Special Masters to hear evi-cate, this statement is also generally app 11-dentiary presentations by the parties on spe-if under this sub-esble to licensing proceedings of the type de-cific technical matters upon the consent of nt they can do so scribed in the statement which may be con-all parties, or informal cor.sultants to brief g

edings under sub-I ducted by a hearing examiner as the presid-the board prior to the hearing on the general technical background of subjects involving ing officer, 125 y

y i

f

l l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of RALPH L. TETRICK Docket No.(s) 55-20726-SP (Denial of Senior Reactor Operator's License)

CERTIFICATE OF SERVICE i

I hereby certify that copies of the foregoing DSB LTR TO TETRICK RE FILING..

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Comission Appellate Peter B. Bloch, Presid'g Ofer Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Mitzi A. Young, Esq.

Peter S. Lam Sherwin E. Turk, Esq.

Special Assistant Office of the General Counsel Atomic Safety and Licensing Board Mail Stop 15 B18 Mail Stor - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Ralph L. Tetrick 18990 SW 270 Street Homestead, FL 33031 Dated at Rockville, Md. this 12 day of February 1997 0% / dim Office of the Secretdry of the"Comission

_