ML20204E566

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Ack Receipt of Re Extension of Comment Period on Des for Decommissioning of Facility to 860815.Recommends Public Hearing Be Scheduled within 1 Month of 860815
ML20204E566
Person / Time
Site: Humboldt Bay
Issue date: 07/28/1986
From: Keene B
CALIFORNIA, STATE OF
To: Berkow H
Office of Nuclear Reactor Regulation
References
NUDOCS 8608010137
Download: ML20204E566 (2)


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Y4;3 DARRY KEENE MAJORtTV LEADER July 28,1986 Mr. Herbert Berkow Director Division of Standards and Special Projects U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Berkow:

Thank you for your letter of June 23 regarding the Draft Environmental Statement (DES) for decommissioning of the Humboldt Bay Power Plant, Unit No. 3. I am pleased that the Nuclear Regulatory Commission has extended the public comment period until August 15. This should provide adequate time for local officials and concerned citizens to thoroughly review the DES prior to submitting written comments.

I am shocked to hear, however, that the Commission will not be scheduling a public hearing on the DES. The public scoping meeting held in Eureka on December 4, 1984 in no way satisfies the President's Council on Environmental Quality (CEQ) requirement that a public hearing be held under specified circumstances. These circumstances are spelled out in 40 CFR 1506.6 (c) -- Public involvement -- as follows:

Agencies shall:

(c) Hold or sponsor public hearings or public meetings whenever appropriate or in accordance with statutory requirements applicable to the agency. Criteria shall include whether there is:

(1) Substantial environmental controversy concerning the proposed action or substantial interest in holding the hearing. (emphasis added).

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(2) A request for a hearing by another agency with jurisdiction over the action supported by reasons why a hearing will be helpful. If a draft environmental impact statement is to be considered at a public hearing, the agency should make the

! statement available to the public at least 15 days in advance, i

In light of the numerous human health and safety issues raised by the proposal, including the " postulated accidents, fuel handling accidents, and fuel assembly damage caused by non-mechanistic

, heavy load drop or site-related hazards" addressed in the DES, I i feel that there is " substantial environmental controversy and interest" and that the Nuclear Regulatory Commission is compelled to hold a public hearing in order to provide local officials and concerned citizens the greatest opportunity to comment on the proposal. The hearing should be held in the vicinity of the Humboldt Bay Power Plant and should be scheduled within one month of the August 15, 1986 expiration date for written comments on 4

the DES.

Sincerely, I

' tv4 BARRY KEENE BK:JR:jr

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