ML20140C151

Informs of Action Taken in Response to Expressions of Public Concern Received Re Approval to Bury Potentially Radioactively Contaminated Sludge at Plant.Order Issued on 860220 Referring Hearing Requests to Administrative Judge

ML20140C151
Person / Time
Site:	Davis Besse
Issue date:	03/20/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Survoy B PARMA, OH
Shared Package
ML20140C155	List: ML20140C151 ML20140C177
References
NUDOCS 8603250196
Download: ML20140C151 (7)

Text

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Mr. Bernard J. Survoy Clerk of Council MAR 2 01986 City of Parma, Ohio 44129

Dear Mr. Survoy:

Your letter of February 26, 1986, to Chairman Palladino with an enclosed Resolution of the Council of the City of Parma has been referred to me.

This is to inform you'of the action which is bein~g taken by the NRC in response to the expressions of public concern which have been received regarding the approvd to bury potentially radioactively contaminated sludge at the Davis-Besse Nuclear Power Station site.

On February 20, 1986, the Commission issued an Order which refers the various reouests for hearings which have been presented to the NRC regarding this issue to an Administrative Judge for consideration of an informal adjudicatory proceeding. Judge Helen Hoyt, the presiding officer, has published a notice in the Federal Register on March 14, 1986, regarding these proceedings. This notice informs interested parties about the opportunity for hearing and invites

~ all interested persons desiring to intervene to file a petition to intervene within thirty days of publication of the notice. Please refer to the attached

. notice for additional details.

Sincerely, Odgial 54ned d  ;

R. R. ",ntus J Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

As Stated Docket File or Central File NRC PDR w/inc.

L PDR w/inc.

ED0 #001503 E00 Rdg H. Denton/D. Eisenhut PBD-6 Rdg w/ copy of inc.

OELD SECY-3 WDircks PPAS, D. Mossburg #001503 FMiraglia/MSchaaf ADe Agazio w/ copy of inc. L RIngram g320 860 g

PDR PBD-6 Green ticket file, P-214 G. Cunningham /

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JKeppler Davis (>

Kerr, SP

• See previous white for concurrences.

PBD-6 PBD-6 PBD#6 D-PWR-B DD:NRR- D:N ADe Agazio;cf* CMcCracken* JStolz* FMiraglia* DEisenhut* HD on 3/14/86 3/14/86 3/14/86 3/14/86 3/17/86 3////86 1

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,q p 8920 Federal Register / Vol. St. No. 50 / Friday, hfarch 14,193(i / Notices .C 2 .1 <

A Secretary's Conference Room, S-250a, Copies of the submittal may be OCRE, and City of hientor Ohio filings .

FPB. Inspected or obtained for a fee from the detailing their standing to participate =n items to be discussed are: NRC Public Document Room.1717 li and their complaints concerning the .

• Private Sector Involvement Strect. NW., Washington, DC 20535 license amendment. The Order also

= Public Sector Coordination Comments and questions should be directed the presiding officer to provide liomeless Veterans directed to the OhtB reviewer, Jefferson a similar opportunity to petition to be The public is invited. D. iiill. (202) 395-7340. heard of other interested persons.The The NRC Clearance Officer is R. Order authorized the presiding officer to Signed at Washington. DC. this 7th day of request written submissions and Stephen Scott (301) 492-8585.

Do a F Shastem, Dated at Dethesda. .\hryland th:s 10th day documents: set schedules; entertain of March 1986. limited appearance statements on any Assistant Secretaryforyeterans' issue in the proceeding from persons Emp!oyment and Trommg. F Me. larR atory Cmissiom Patrida G. Norry, uho do not desire to become parties or

[FR Doc. 86-5664 Filed 3-13-80: 8 0 am) cannot fulfill the requirements for p.irty -

cume. coes esw.w D/ rector. Office of.1dininistection. status at times specified by the presiding

[FR Doc. 86-5683 Filed 3-13-86. 8.45 am) officer; and to entertain oral neo coos m.ci-*8 presentations at the presiding officer's -

NUCt. EAR REGULATORY d;scretion.

COMMISSION The Commission directed that thcs s

[ Docket No. 50-346-ML; ASLSP No. 86-Agency Information Collection who wish to become parties, (other than

$25-01-ML]

Activities Under Office of Management th.e NRC Staff and TEC), must set forth .

cnd Budget Review Toledo Edison Co., et al.,(Davis Besse mth particulatity and in writing (1) the ,

Nuclear Power Station, Unit No.1; interest of that person in the proceeding: ',

AGENCY: Nuclear Regulatory Memorandum and Order; Informal (2) how that interest may be affected by

• Commission. Hearing and Opportunity To Become a the results of the proceeding. Including a ~.

AcYaoN: Notice of the Office of Party . delineation of the reasons why that hianagement and Badget review of '

person should be permitted to intervene q.

Information cc!!ection. Etarch 10.1986. that makes particular reference to (a)

1. Introduction the natu e of the person's right under the  ;.

tu m AnY:The Nuclear Regulatory Atomic Energy Act to t,e made a party, Commission has recently submitted to On Febrtfary 20,1980, the U.S. Nuclear .(b) the nature of the extent of the v the Office of h!anagement and Budget Regulatory Commission issued an Order person's property, financial, or other y (OhfBJ for review the following proposal instituting an informal hearing in this interest in the proceeding, and (c) the for the collection c!information under matter. Pursuant to the Commission's possible effect of any order that may be the provisions of the Paperwork Order the undersigned was appointed entered in the proceeding on the Reduction Act (44 U.S.C. Chapter 35). presiding officer fer this matter on person's interest; (3) the specific aspect -

1. Type of submission, new, revision February 25.1986 by the Chief or aspects of the subject matter of the or extensiom Extension. Administrative Judge. Atomic Safety ptoceed;ng that the person seeks to hae

2. The title of the information and Licensing Board Panel. htigated; and (4) relief sought with ,

collection: Survey of Users of Devices 'Ihe Commission instituted this respect to each complaint. Each of the Under General License. proceeding in response to petitions for a furegoing points shall be addressed in 3.The form number if applicable: Not hearing filed by Save Our State from separate, concisely stated paragraphs.

cpplicable. Radioactive Waste (SOS). Toledo in submitting the information ca!!ed .'

4. How often the co!!ection is Coalition for Safe Energy (TCSE) and for in items 3 and 4 above, petitioners required: One time. Susan A. Carter, the Western Reserve are to describe specifically any

5. Who will be required or asked to Alliance (WRA). the Consumers League deficiences in the application. cite report: A sample of persons that use of Ohio (CLO), Ohio Citizens for particular sections or portions of the devices containing byproduct material Responsible Energy (OCRE), and City of application which relate to the under generallicense. hientor Ohio.The hearing will concern deficiency, and state in detail the

6. An estimate of the number of the application of Toledo Edison reasons why a particular section or responses: 400. Company (TEC) for authorization under portion of the application is deficient.

7. An estimate of the total number of 10 CFR 20.302(a) to dispose of by Petitioners must also submit all data hours needed to comp!ete the product material on the site of its Davis- and materiat in their possession which requirement or request: 280. Besse Nuclear Power Station, Unit 1. supports orillustrates each of the

8. Anindicationof whether section The materials in question are deficiences complained of. Data and 3504(h). Pub. L 96-511 applies:Not radioactively contaminated resins from material from generally available cpplicable. the plant's, secondary system publications may be cited rather than

9. Abstract: Devices containing denumerahzer. furnished. Petitioners must also state radioactive byproduct material are used  !!. Ilow To Participate what relief they seek with respect to in a number ofindustrial applications. each of theircomplaints. A broad The Commission's Order directed t, e under a general license established by n statement requesting denial or recision the Commission. for producing light, presiding officer to request from SOS, of the license or its amendment without performing analytical measurements, or TCSE, Susan A. Carter,' WRA, CLO.- stating why such extreme relief is siimination of static. NRC will conduct a appropriate will not satisfy the survey of a sample of users to acquire 8 De Peution of TCSE and S.s4n A. Car *er dated requirement to state the relief sought.

data for a study of the effectiveness of the general 1.icense in protecting public hj7,$',8/j3P;/gg5l*g*

• 3 A determination that petitioners have standing to participate as parties to the um pei, tion. if demed to cont.1 buie io the rnord.

health and safety. my be ru a. proceeding will be govemed by e sting I

i

Federal Register / Vol. 51..No. 50 / Friday, March 14, 1980 / Notices 8921 i

• agency precedents pursuant to 10 CFR petitioner must file the original and two VI. Informal Hearing

314ld). See the Commission's Order copies of their notice of appearance with end RocA wc#/nternationo/ Corp. the Docketing and Service Branch, with To the utent the presiding officer l (Energy Systems Croup Special Nuclear service on all other parties, upon being finds petiti ners'c mplaints adm;su,ble, Materials License No. SNM-21), LBp- retained. he either may order additional 83-05.18 NRC 774 (1983). The RocA well C Service List case relied on NuclearEngineering s hed I an ora pre .entatiot$. or both. If In Memorandum and Order an oral presentation is scheduled, it will

. (Sheff!cid Illinois Low Level take place in the vicmity of the TEC Radioactive Waste Disposal Site) identifying the parties to this ALAb173,7 NRC 737 (1978). and stated proceeding. the presiding officer will facility.%e parties will be permitted to at page 3 that: estabhsh an official service list of present testimony and argument, but parties who are to receive copies of cross-examination will not be permitted.

• *

• The practical tests are that the The parties may, however, suggest petition must show (11 that the petitiones will written submissions in this proceeding.

questions to the presiding officer to be or might be inpred in fact by one or more of IV, Duty of the Applicant the possible outcomes of the proceeding, and posed by her. Discovery is not (2) that the asserted interest of the petitioner In order to permit petitioners to permitted.

In achieving a particu!ar result is at least comply with the 30-day deadline to if the NRC Staff does not elect to

- arguably within the zone of interests submit the information required, TEC par'icipate as a party to this proceeding.

protected by the statute involved. must ensure that the application, the the presiding officer may seek license sought to be amended, and all information frora the Staff directly. In (10)If the presiding officer finds that the hearing petitions or any intervention correspondence pertammg to its that event, any information received will petition should be denied in foto for lack application, are immediately upon be served on the parties to the of standing or any other reason, that receipt of this Notice and Order:(1) proceeding by the presiding officer.

ad determination, which must be in, writing. ,pec i n an cop g, and 2) VIL Limited Appearances th hi ty day ur! s th f rwarded to the Presiding Officer,This Those who do not wish to become Commission, on its own initiative, matena1 shall be,ma,de available at a

, parties but wish to submit a statement undertakes a review of that decision. consementlocation m the vicinity of the to the presiding officer may do so by On or before April 14,1986 SOS, TEC facility and at such other locations mailing their statement to the TCSE Susan A. Carter. WRA, CLO, as may be indicated by requests.The Commission's Secretary, properly OCRE. City of Mentor Ohio, and matenal shall be available for addressed and stamped, on or before anyene else, including governmental inpsection and copymg during business April 14,1986. Should the presiding hours and during reasonable periods in officer determine that a petitioner may entities, who wishes to become a party evenings and during weekends.This not be a party to this proceeding, the shall file the information called for matenal, t gether with the material above. On or before April 28,1966, the material submitted by that petitioner NRC Staff, ifit wishes to participate as a submitted by petitioners, and any other will be treated as a limited appearance party, shall so notify the petitioners, material caHed for by We pmsiding statement. Limited appearance TEC. and the presiding officer in writing. [h'th es in o f ce wi1b s her fj(ements are nct part of the Hearing

-> III. How and Where To File decision.

A. Information Co#edfor by This Notice V. Presiding Officer's Initial Ruling .

f and On/er Upon receipt of petitioner's The presiding officer intends to issue I The original and two copies of submissions, the presiding officer will a decision in this proceeding as ,

inf.ormation called for by this Notice and evaluate the materialin the Hearing promptly as feasible followmg receipt of

.. Order is to be filed with the Docketing . File.The presiding officer will then rule petitioners

• submissions, with a goal of and Service Branch of the Office of the on each petition.er's rights to become a 120 days if additional submissions are Secretary, U.S. Nuclear Regulatory party to this proceeding. The presiding required following receipt of, initial Commission,1717 H Street, NW., officer will also review petitioners

• petitions. No petition for review will be Washington, DC 20555. Single copies of complaints and supporting material. In entertained by the Commission such filings shall also be served on TEC. making this review, the presiding officer regarding the presiding officer's Charles A. Barth-NRC Counsel. Office may rule that the petitioners, decision. However, the Commission may of the Executive Legal Director, U.S. complaints:(1) Are admissible for review the decision on its own mitiatis e.

r Nuclear Regulatory Commission, Washington. DC 20555, and the consideraticn: (2) are beyond the scope of this proceeding:(3) constitute Order presiding officer by either personally requests for relief which the presiding For all the foregoing reasons and upon delivering it or mailing it, properly officer lacks the power to grant:(4) are consideration of the entire record in this addressed and stamped, by April 14 too vague to permit consideration: or (5) matter, it is, this 10th day of March 1986.

.1986. are otherwise inadmissible. If necessary, Ordered

. the presiding officer will call for B. Other Written Submn.smns 1.That on or before April 14,1986 additional submissions prior to making The. original and two copies of all the rulings contemplated by this SOS TCSE. Susan A. Carter, WRA, other written submissions made by a paragraph. In the absence of such a CLO, OCRE and the City of Mentor, party shall also be filed with Docketing request. no further submissions are to be Ohio shall file a petition to participate and Service Branch with single copies made. as described in the foregoing mailed or personally delivered to the Petitionert are hereby put on notice memorandum:

presiding officer, TEC, Mr. Barth, and all that the presiding officer may rule on the 2.That any other person wishing to other parties on or before the due date. merits of the entire matter based on participate shall file a similar petition by

. . Attorneys representing a party or , petitioners

• initial submission. the same date; s

1.'

s.;

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• ' . 'Q J

8922 Feder:1 itgisti / Vol. 51, No. 50 / Friday, March 14, 1986 / Notic:s -

i 3.That on or before April 28,198S, the impacts associated with this proposed Nuclear Waste Policy Act; Avaltabuity ~

NRC Staff shall notify the presiding extension. of Draft Technical Position in Low.

cfficer ifit wishes to participate as a With regard to potential non- Level Waste Program p rty to this proceeding and radiologicalimpacts, the proposed AGENCY: Nuclear Regulatory

4. That this informal hearing shall be extension involves features located entirely within the restricted area as - Commission.

conducted in accordance with the ACTION: Notice of Availability.

procedures described in the foregoing defined in 10 CFR Part 20.It does not memorandum. affect non-radiological plant effluents and has no other environmentalimpact.

SUMMARY

The Nuclear Regulatory Bethesda Maryland. March 10.1936.

Therefore, the Comm!ssion concludes Commission [NRC)is announcing the availability of a " Draft Branch Technical "k P N' Admmistmtinefudge.

tnat there are no significant non.

radiological envir >nnental impacts Position on Standard Format and

[FR Doc. EM685 Filed 3-13-86; 815 am] associated with this proposed extension. Content of License Applications for eWNG Coof r130 4w .Near Surface Disposal of Radioactive Alternatives to the PrcposedAc!!on Waste."

As required by section 102(2)(E) of DATE:The comment period expires May .*

'4

[ Docket No. 50-4121 NEPA (42 U.S.C. 4332(20(E)), the staff 13.1986.

has considered possible alternatives to AcoREssts: Send comments to R. John Duquesne Ught Co. et al . the proposed action. The only possible Starmer, Low-Level Waste and Uranium Environmental Assessment and alternative to the proposed action is not Finding of No Significant impact to renew the construction permit.This Recovery Projects B' ranch, Division of f--

Waste Management. U.S. Nuclear The U.S. Nuclear Regulatory alternative would have led to a change Regulatory Commission, Mail Stop 623- A' in status and would result in a greater SS, Washington, DC 20555. Ccpies of C.

Commission (the Commission)is ^

cinsidering issuance of an extension of impact on Duquesne Light personnel and this document may be obtained free of Construction Permit No. CPPR-105 to the environment (the project is currently charge upon, written request to Linda Duquesne Light Company. Cleveland more than 905 complete). Luther, Docket Control Center, Division .

Electric Illuminating Company, Ohio Therefore, there is no appropriate of Waste Management. U.S. Nuclear  ?

Edison Company and Toledo Edison alternative to the proposed action. Regulatory Commission. Mail Stop 623- 2 Company (the Permittees) for the SS, Washington, DC 20555. Telephone 1/ w Alternative Use ofResource Leaver Valley Power Station, Unit No. 2 .

800/368-5N2, ExL 74426 or 427-74426 for 4 located in Shippingport, Pennsylvania. This action involves no use of Washington area callers. .,

resources not previously considered in Environmental Assessment the Final Environmental Statement FOR FURTMER INFORM ATION CONTACT:

(constmction permit and operating Clayton L Fittiglio, Low. Level Waste Identiffcotion ofProposedAction and Uranium Recovery Projects Branch.

license) for the Beaver Valley Power The extension would extend the Division of Waste Management, U.S.

Sta tion. Unit No. 2.

sxpiration date of the Construction Nuclear Regulatory Commission, -c Permit CPpR-105 from December 31. Agencies andPersons Consulted Washington, DC 20555, Telephone (301) 1984, to December 31,1988. The NRC staff reviewed the .

427-4793. -

The extension is responsive to . permittees' request and did not consult SUPPLEMENTARY INFORM ATION:This gh pan pp ca on other agencies or persons. announcement notices availabihty and

"$",9"'$'

,xtensi d dN9e , g solicits comments on the Branch Finding of No Sknhant impact ~

The Needforthe ProposedAction Technical Position on Standard Format The Commission has determined not and Content of License, Applications for The proposed extension is needed to prepare an environmentalimpact Near Surface Disposal of Radioactive -

because the completion date of Beaver statement for the proposed extension. Wa ste'**

Valley Unit 2 has been postponed for Based u on the for -

the followinst reasons:

The Branch Technical Position on environmental assess n weconclude Standard Format and Content of License (1) Reduced projected electric power that the proposed action will not have a Applications for Near Surface Disposal nnd: significant effect on the qualty of the (2) Increased regulatory requirements; human environment. of Rad cactise Waste r= presents a ,

(3) The permittees' financial problems:

f rmat forlicense applications that is For further details with respect to this acceptable to NRC staff. However, (4) Additional time needed to fully action. see the request for the extension test and evaluate portions of the project. dated November 8,1984, which is conformance with the Standard Format t q e ' ' pia s Environmenfallmpacts of the Proposed available for public inspection at the to I Commission s Public Document Room, Action by the staffif they. provide an adequate 1717 H Street, NW., Wa shington. DC, . basis for the findings requisite to issuing The proposed extens. ion will not allow .and at the B. F. Jones Memorial Library. a hcense, any work to be performed that is not 683 Franklin Avenue. Aliquippa.

already allowed by the existing The purpose of the Branch Technical Penmylvania 15001*

construction permit. The probability of Position on Standard Format and Dated at Bethesda. Maryland this 6th day Content of License Applications for accidents has not been increased and of March 1988. Near Surface Disposal of Radioactise post. accident radiological releases will .

not be greater than previously For the Nuclear Regulatory Comn*!ssion. Waste is to explain in more detail the ditermined, nor does the proposed Lester S. Rubenstein. Informa!!an to be provided in the sxtension otherwise affect radiological Director, PWR Project Directoro e No. 2.

• application for a license. Use of the plant effluents. Therefore, the Diiisionc/PWRLicensics A. standard format will(1) aid the Commission concludes that there are no (FR Doc. sma4 Filed 3-13-64. 8A5 mm) applicant and NiiC staff in ensuring 61 -

significant radiological environmental s w =ococars e .m the information is complete. (2) he!p l

l l

l

4 i

Mr. Bernard J. Survoy Clerk of Council-City of Parma, Ohio 44129 j

Dear Mr. Survoy:

1

! Your letter of February 26, 1986, to Chairman Palladino with an enclosed

Resolution of the Council of the City of Parma has been referred to me.

4 I have been asked-to inform you of the action which is being taken by the NRC in response to the expressions of public concern which have been received regarding the, approval to bury potentially radioactively contaminated sludge at the Davis-Besse Nuclear Power Station site.

vn February 20, 1986, the Commission issued an,0rder which refers the various

requests for hearings whictthave been presented to the NRC regarding this

issue to an Administrative uudge for consideration of an informal' adjudicatory proceeding. Judge Helen Hoy' , the presiding officer, has published a notice in the Federal Register on Ma h 14, 1986, regarding these proceedings. This

, notice informs interested part es about the opportunity for hearing and invites l all interested persons desiring \to intervene to file a petition to intervene within thirty days of publicatio of the notice. Please refer to the attached i notice for additional details.

}

j incerely, I

I Haro d R. Denton, Director Offic of Nuclear Reactor Regulation

Enclosure:

i As Stated

Docket File .or Central File NRC PDR w/ nc.

! L PDR w/in ED0 #001503 E00 Rdg l, H. Denton/D. senhut l PBD-6 Rdg w/co of inc.

OELD SECY-3 WDircks PPAS, D. Mossburg # 01503 '

FMiraglia/MSchaaf

, ADe Agazio w/ copy of inc.

RIngram PBD-6 Green ticket file, P-214 G. Cunningham i

JKeppler Davis fig  !

PBD-6h PBD- -B D R :NRR l

ADe Agazio;cf CMcCracken Ji lia D i Arfi HDenton an V/86. 3/g/8 3/j 6 3/t1/

3/ /86 3///86 .

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,48 o,, UNITED STATES y g NUCLEAR REGULATORY COMMISSION 5 WASHINGTON, D. C. 20555 yj

'+, ,o EDO PRINCIPAL CORRFSPONDENCE CONTROL FROM:

DUFd/Q//Q(,

j EDO CONTROL: 001503 DOC.DT: 02/26/86 BERNARD J. SURVOY FINAL REPLY:

CITY OF PARMA, OHIO TO:

CHAIRMAN PALLADINO FOR SIGNATURE-OF: ** GREEN ** SFCY NO: 86-211 DESC: ROUTING:

ENCLOSES RFSOLUTION 40-86 TO NRC OPPOSING KFRR, SP APPLICA^iION OF TOLEGO EDISON CO. TO BURY DAVIS RADIOACTIVE SLUDGE AT DAVIS-BESSF PLANT KEPPLER GCUNNINGHAM DATE: 03/07/86 ASSIGNED TO: NRR CONTACT: DENTON N

SPECIAL INSTRUCTIONS OR REMARKS:

FOR APPROPRIATE ACTION lt NRR RECEIVED:

0 /07 hh ACTION: 5 w g/86h gwa_z l4:T -

l NRR ROUTING: DENTON/EISENHUT

. PPAS HOSSBURG/ TOMS u_ --_-______________- _ _J

OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET PAPER NUMBER: CRC-86-0211 LOGGING DATE: Mar 5 86 ACTION OFFICE: EDO J

AUTHOR: B.J. Sprvoy AFFILIATION: OHIO

_ LETTER DATE: Feb~26 86 FILE CODE: ID&R-5 Davis Besse

SUBJECT:

Submits resolution No. 40-86 opposing the appl of Toledo Edison Company for permission to bury radioative sludge at Davis Besse ACTION: Appropriate DISTRIBUTION: l SPECIAL HANDLING: None NOTES:

DATE DUE:

SIGNATURE: . DATE SIGNED:

AFFILIATION:

1. n'd Or:. 500

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