ML20138A211

Memorandum & Order Directing That Petition to Participate in Hearing Re Licensee Request for Onsite Disposal of Product Matl Be Filed by SA Carter & Other Parties by 860414.Notice of NRC Participation Required by 860428.Served on 860311

ML20138A211
Person / Time
Site:	Davis Besse
Issue date:	03/10/1986
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), SAVE OUR STATE FROM RADIOACTIVE WASTE, TOLEDO COALITION FOR SAFE ENERGY
References
CON-#186-383 86-525-01-ML, 86-525-1-ML, ML, TAC-60875, NUDOCS 8603140119
Download: ML20138A211 (8)

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• UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'# b 3 -3 Before Helen F. Hoyt Administrative Judge $

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NN In the Matter of ) Docket No. 50-346-ML

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TOLED0 EDISON COMPANY, ET AL. ) ASLBP No. 86-525-01-ML

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(Davis-Besse Nuclear Power Station.)

Unit No. 1 ) March 10, 1986

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getvED NAR111986 MEMORANDUM AND ORDER (Notice of Informal Hearing and Opportunity to Become a Party)

I. INTRODUCTION On February 20, 1986, the U.S. Nuclear Regulatory Commission issued an Order instituting an informal hearing in this matter. Pursuant to the Commission's Order the undersigned was appointed presiding officer for this matter on February 25, 1986 by the Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

The Commission instituted this proceeding in response to petitions for a hearing filed by Save Our State from Radioactive Waste (S0S),

l Toledo Coalition for Safe Energy (TCSE) and Susan A. Carter, the Western I Reserve Alliance (WRA), the Consumers League of Ohio (CLO), Ohio Citizens for Responsible Energy (OCRE), and City of Mentor, Ohio. The i I

hearing will concern the application of Toledo Edison Company (TEC) for authorization under 10 CFR 9 20.302(a) to dispose of by product material j on the site of its Davis-Besse Nuclear Power Station, Unit 1. The 8603140119 e60310 PDR ADOCK 05000346 G PDR

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materials in question are radioactively contaminated resins from the plant's secondary system denumeralizer.

II. HOW TO PARTICIPATE The Commission's Order directed the presiding officer to request from SOS, TCSE, Susan A. Carter,I WRA, CLO, OCRE, and City of Mentor, Ohio filings detailing their standing to participate and their complaints concerning the license amendment. The Order also directed the presiding officer to provide a similar opportunity to petition to be heard of other interested persons. The Order authorized the presiding officer to request written submissions and documents; set schedules; entertain limited appearance statements on any issue in the proceeding from persons who do not desire to become parties or cannot fulfill the requirements for party status at times specified by the presiding officer; and to entertain oral presentations at the presiding officer's discretion.

The Commission directed that those who wish to become parties.

(other than the NRC Staff and TEC), must set forth with particularity and in writing (1) the interest of that person in the proceeding; (2) how that interest may be affected by the results of the proceeding, including a delineation of the reasons why that person should be I The Petition of TCSE and Susan A. Carter dated November 6,1985 properly detailed standing to participate. By this order, revisions of complaints to that Petition, if deemed to contribute to the record, may be filed.

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permitted to intervene that makes particular reference to (a) the nature of the person's right under the Atomic Energy Act to be made a party, (b) the nature of and extent of the person's property, financial, or other interest in the proceeding, and (c) the possible effect of any order that may be entered in the proceeding on the person's interest; (3) the specific aspect or aspects of the subject matter of the proceeding that the person seeks to have litigated; and (4) relief sought with respec't to each complaint. Each of the foregoing points shall be addressed in separate, concisely stated paragraphs.

In submitting the information called for in items 3 and 4 above, petitioners are to describe specifically any deficiencies in the application, cite particular sections or portions of the application which relate to the deficiency, and state in detail the reasons why a particular section or portion of the application is deficient.

Petitioners must also submit all data and material in their possession which supports or illustrates each of the deficiencies complained of.

f Data and material from generally available publications may be cited rather than furnished. Petitioners must also state what relief they

- seek with respect to each of their complaints. A broad statement requesting denial or recision of the license or its amendment without stating why such extreme relief is appropriate will not satisfy the requirement to state the relief sought.

A determination that petitioners have standing to par'icipate as parties to the proceeding will be governed by existing agercy precedents pursuant to 10 C.F.R. 5 2.714(d). See the Commission's Oruer and i i

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Rockwell International Corp. (Energy Systems Group Special Nuclear Materials License No. SNM-21), LBP-83-65, 18 NRC 774 (1983). The Rockwell case relied on Nuclear Engineering (Sheffield, Illinois Low Level Radioactive Waste Disposal Site) ALAB-473, 7 NRC 737 (1978), and stated at page 3 that:

... The practical tests are that the petition must show (1) that the petitioner will or might be injured in fact by one or more of the possible outcomes of the proceeding, and (2) that the asserted interest of the petitioner in achieving a particular result is at least arguably within the zone of interests protected by the statute involved.

If the presiding officer finds that the hearing petitions or any intervention petition should be denied M toto for lack of standing or any other reason, that determination, which must be in writing, will become the final agency action within thirty days unless the Commission, on its own initiative, undertakes a review of that decision.

On or before 4/14/86 , SOS, TCSE Susan A. Carter, WRA, CLO, OCRE, City of Mentor, Ohio, and anyone else, including governmental entities, who wishes to become a party shall file the information called for above. On or before 4/28/86 , the NRC Staff, if it wishes to participate as a party, shall so notify the petitioners, TEC, and the i presiding officer in writing. l l

I III. HOW AND WHERE TO FILE A. Information Called for by this Notice and Order I

The original and two copies of information called for by this

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Notice and Order is to be filed with the Docketing and Service Branch of l l

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the Office of the Secretary, U.S. Nuclear. Regulatory Comission,1717 H Street, N.W., Washington, D.C. 20555. Single copies of such filings shall also be served on TEC, Charles A. Barth-NRC Counsel, Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and the pres', ing officer by either personally delivering it or mailing it, properly addressed and stamped, by

4/14/86 ,

B. Other Written Submissions The original and two copies of all other written submissions made by a party shall also be filed with Docketing and Service Branch with single copies mailed or personally delivered to the presiding officer, TEC, Mr. Barth, and all other parties on or before the due date.

I Attorneys representing a party or petitioner must file the original and two copies of their notice of appearance with tha Docketing and Service Branch, with service on all other parties, upon being retained.

C. Service List In the Memorandum and Order identifying the parties to this proceeding, the presiding officer will establish an official service list of parties who are to receive copies of written submissions in this proceeding.

IV. DUTY OF THE APPLICANT In order to permit petitioners to comply with the 30-day deadline to submit the information required TEC must ensure that the l

application, the license sought to be amended, and all correspondence

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pertaining to its application, are immediately upon receipt of this Notice and Order: (1) made available to petitioners for inspection and copying, and (2) forwarded to the Presiding Officer. This material shall be made available at a convenient location in the vicinity of the TEC facility and at such other locations as may be indicated by

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requests. The material shall be available for inspection and copying during business hours and during reasonable periods in evenings and

< during weekends. This material, together with the material submitted by petitioners, and any other material called for by the presiding officer, will form the Hearing File on which the presiding officer will base her decision.

V. PRESIDING OFFICER'S INITIAL RULING Upon receipt of petitioner's submissions, the presiding officer will evaluate the material in the Hearing File. The presiding officer will then rule on each petitioner's rights to become a party to this proceeding. The presiding officer will also review petitioners' complaints and supporting material. In making this review, the

, presiding ra ricer may rule that the petitioners' complaints: (1) are admissible for consideration; (2) are beyond the scope of this proceeding; (3) constitute requests for relief which the presiding officer lacks the power to grant; (4) are too vague to permit consideration; or (5) are othenvise inadmissible. If necessary, the l

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presiding officer will call for additional submissions prior to making the rulings contemplated by this paragraph. In the absence of such a request, no further submissions are to be made.

Petitioners are hereby put on notice that the presiding officer may rule on the merits of the entire matter based on petitioners initial submission.

• VI. INFORMAL HEARING To the extent the presiding officer finds petitioners complaints admissible, he either may order additional submissions from the parties, or schedule an oral presentation, or both. If an oral presentation is scheduled, it will take place in the vicinity of the TEC facility. The parties will be permitted to present testimony and argument, but cross-examination will not be permitted. The parties may, however, suggest questions to the presiding officer to be posed by her.

Discovery is not permitted.

If the NRC Staff does not elect to participate as a party to this proceeding, the presiding officer may seek information from the Staff directly. In that event, any information received will be served on the parties to the proceeding by the presiding officer.

VII. LIMITED APPEARANCES a l Those who do not wish to become parties but wish to submit a 1

statement to the presiding officer may do so by mailing their statement to the Commission's Secretary, properly addressed and stamped, on or

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before 4/14/86 . Should the presiding officer determine that a petitioner may not be a party to this proceeding, the material submitted by that petitioner will be treated as a limited appearance statement. Limited appearance statements are not part of the Hearing File.

VIII. SCHEDULE FOR DECISION The presiding officer intends to issue a decision in this -

proceeding as promptly as feasible 'ollowing receipt of petitioners' submissions, with a goal of 120 days if additional submissions are required following receipt of initial petitions. No petition for review will be entertained by the Commission regarding the presiding officer's decision. However, the Commission may review the decision on its own initiative.

ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is, this 10th day of March,1986.

ORDERED

1. That on or before 4/14/86 , SOS, TCSE, Susan A. Carter, WRA, CLO, OCRE and the City of Mentor, Ohio shall file a petition to participate as described in the foregoing memorandum;

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2. That any other person wishing to participate shall file a similar petition by the same date;

3. That on or before 4/28/86 , the NRC Staff shall notify the presiding officer if it wishes to participate

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as a party to this proceeding; and

4. That this informal hearing shall be conducted in accordance with the procedures described in the foregoing memorandum.

RHelen F./ Hoyt

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ADMINISTRATIVE JUDGE

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Bethesda, Maryland March 10, 1986 s

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