ML20206B747
| ML20206B747 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 06/17/1986 |
| From: | Hendrix R HUMBOLDT COUNTY, CA |
| To: | HUMBOLDT COUNTY, CA |
| References | |
| NUDOCS 8606190183 | |
| Download: ML20206B747 (6) | |
Text
bb
]h COUNTY OF HUMBOLOT l
AGENDA ITEM TRANSMITTAL CONTACT FOR INFORMATION t Tes 80ARO OF SUPERVISORS NAME:
ROBERT E. HENORIK TELEPHONE:
(707) 445-7266 FRON:
R00ERT E. HENDRIX, COUNTY ADMINISTRATIVE OFFICER MEETING DATE:
SUSJECT:
TIME REQUIRED:
Juna'10, 1986 Humboldt Bay Nuclear Power Plant--EIS 10 minutes
SUMMARY
(OESCRIPTION OF ISSUE):
During its June 3, 1986, meeting, the Board of Supervisors referred to this cffice the task of detamining proper procedures for requesting hearing on the Environmental Impact Statement (EIS) and for an exten.sion of time for comments on the draft EIS.
I in turn contacted Peter Erickson of the Nucicar Regulatory Commission (NRC) about procedures and decision criteria cyplied by the NRC in this circumstance.
The applicable regulations.are Ettached to this report.
A more detailed explanation is also attached.
PREVIOUS ACTIONS OR REFERRALS ON TNIS ISSUE:
Juns 3, 1986, Board item FUNDING SOURCES:
CURRENT YEAR COST:
ANNUAL COST:
BUDGETED:
YES NO.
IF N0, SUBMIT A SUPPLEMENTAL BUDGET.
WILL PROPOSAL REQUIRE A00!T10NAL PERSONNEL?
YES NO 15 ITEM CONSISTENT WITH BOARD POLICY 7 IF YES, NUMBER:
' PERMANENT LIMITED TERM GRANT YES NEW POLICY
- EICEPTION
- INCLUDE PROGRAM IMPACT REPORT RECOMMENDED ACTION:
It is recommended that the Board take no action on extension of the EIS comment period unless extension beyond July 16,1986, is desired (a thirty dry extension).
It is further recommended that should the Board desire to request the publi :
hearing that such hearing be requested on the proposed action when the
' notice of opportunity for prior hearing" is received and in accordance with Chapter 10, c.for. 2.714(d).
8606190183 860617 Attechment PDR ADOCK 05000133 D
PDR CONCURRENCES:
80ARO 0F SUPERVISORS, COUllTY OF HUMBOLOT Upon motion of Supervisor sec'nded by Supervisor o
and unanteously carried by those members
. present, the Board hereby approves the CA0 (MUST REVI'EW ALL ITEMS) recommended action contained in this Board report.
Board Order No.:
CC: Mr. Peter Erickson, NRC Dated:
}~g.ggf g Mr. Don Albright, PG&E Mr. Jared Rossman, Acorr. Alliance ROBERT E. HENORII f/
8 James S.' Adams, Redwood Alliance clerk of the Board
=1:
Deputy ___
PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
' request a stay pursuant to pareyephe (c)(M and (c)(4) of this sectaca. A (b) Not later than fiftese (15) days procee6ng may be stayed for a Wrte to the holding of the special pro-renanaue time m order fee an effected hearing conferenes pursuant te party to obtain other represootaties if SIfl4 1888m88888-3 3.781a. er wtiere no special prehear.
this would be necasary to prevens (sX1) Any pereos whose interest ing conference is held.11ftees (IM injustice, maF be affected by a proceeding and days prior to the holdtag of the first (3] Anyone disciplined pursuaet to who desires to parucipate as a partF
.prehearing conferenos, the peutloner thae sectron may withis lee (10) daye sinau h a written peudos fodesw to ahan 2 a mapplement to his A I;fter issuence of the order Ale an appeal laterwoe. In a procecung notleed pur.
to latervene which asust teelude a tha with the Atomic Safety and Licenes suant to i1108. any peut whoes m-of me centenuoas whicts petstioner terest maF be affected snay also M-Appeal Board or the Commisoloa, se quest a hearing. 'Zhe peuuos and/or k seeks to haw liusated la the matter, and the bases for each contentlos set appropriate.1he appeel shall be in request shan be fBed not later than 2 forth with reaa-ath specific $tF. A po-wnting and state concieely, with me time spectiled is me nouse of a tauoner une fails to fue such a supple-supporting argument, why the appellent hearing er as provided by me Com. " anent which sausfies the requirmnente believes the order wee erroneous, either adssloa, the prestding officer er the 0 of this paragraph with respect to at as a matter of fact or law.The Appeal atonale safetF and lleensing heard deo-least ene esatenues wSI not be per-Board or Commission, as appropnate.
Ignated to rule sa the peuties and/or amasted to parucipate as a party. Add 6-shall consider each appeal on the merits, request. or as proelded la I 3.103(dM3h penal time for falas the =sppa
-ma including appeele in casse in whach the NestimelF ISings TH1 act be enter
- easy be granted based spes a balans-euepen. ion period has already run. lf tained ahnent a deterraination bF the ing of the fasters laparagraph (aM1) necessary for a full and fair Pa= = *'aa the prealding offleer or f thisaestles.
the steemis safety and laoenstag board ceneideration of the facte, the Appeel Board or Commiselon, as appropnate.
designated to rule en the petitles and/
sney oseduct harther evidentiary orrequest,thatthe petitlosand/or re f (c) Any party to a proreeding may herrings, or may refer the matter to seest should be greated based uses a e fue an answer to a peutton for lease to another presiding officer for Waa*W af the fonowing factare in
- e intervene withta ten (10) days af ter deselopment of a record. In the latter addition to those set out la paragresh
- service of the pettuon. with particular (4)of thiseestion:
w reference to the factors set forth in event, unless the Appeal Board or the
(!) Good cause, if aar, for faHan to
- paragraph td) of this section. Howev-Commission. as appropnate. provideo fDs es use.
er the staff may file such an' answer specific directions to the presidm8 (H) The avaGabGity of other assans within fifteen i15) days after service of I
afficer. that officer shall determme the whereby the poutleser's interest WER..
the peuuos.
procedure to be followed and who shall be protected.
L.
present evidence. subject to apphcable (III) The estaat to width the pell-provisions of law. Such hearing shou tiener's participaden may r===ama1r f (d)' The Commissioe, the presiding commence se suon se possible. In the he expected to assist h deveispies a 3 eMicer or the atomic safety and licensing case of an attorney.if no appealis taken g asund record.
- board designated to rule ce petitions to estaat to w of a suspension, or,if the susper.sion le ;
intervene and/or requests for hearing tpheld at the conclusion of the appeal,
- u. shall,la risling on a peutson for leave to m.
the presiding officer, the Appeal Board. 0 estsungWestant to which the poetase R intervene. consider the following factors,
,,(v) M,,,,8-*Pata= wul broades the baanong other things-or the Commission as appropnate, shall i
notify the state barf e) to which the kauas or delar the procooding.
attorney le admitted. Such notifiretica (3) The petitism shall est forth with (1) The nature of the petitioner's shallinclude copies of the order of paruculartty the katerest et time pets
- right under the Act to be made a party to e:spension, and, if an appeal was taken, taoner sa too presseding, how that kn E the proceeding *
- bnefs of the parties and the decision of terest snay he affected by the resulte -
" the Appeal Board or Comeussion.
of the proceedias, teetuding the rea 3 (2) ne notwre and esteet of the peth I (4) A suspension exceeding 1 day sons whF petitleser alsould he peg a tiener,a property, financial, or other in.
L8 shall not be effective for 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> from led 88 ktter'eme, with partacular refer. A terest in the proceeding.
. the date the suspension order la issued.
enee to the fastare ha parasraph (d) of (3) The possible effect of any order
- Withis this time a suspended individ6al this acessen, and the specule aspect er which may be entered in the proceeding l
may asquest a etey of the sanctaon froen asects of the mare matter of the on the petitioner's interest.
tha appropriate reviewmg tnbunal promodbag as W oback pedusw y (e) As order permitting intervention pending appeal. No responses to the who has fBed a peti-stay request from other partsee will be ties for leave to latervene or who has 8nd/or directing a hearing may be conds.
ent:rtained. If a timely stay request is been admitted as a party pursuant to tsoned on such terms as the Commission.
filed, th e suspension shall be stayed this martian mar amend his peuuas e Presiding officer or the designated unt 1 the reviewing tnbunal rules on the for leave to latervene. A peuuan snaF R atomic safety and licenstag board may l
motion. The stay request shall be sa be==madad without prior approval of R direct in the interests of:(1) Restricting 9
wnting and contain the infonnanon the presidtag effleer at any time las le e irrelevant,duplicative,or repetstave evt.
specified in il 2J84(b)(1). (2) and (eli>f fifteen (15) days prior to the holding t dence and argument (2)having common this part.The Appeal Board er of the special prehearing conferesse n interests represented by a spokesman, I
fg,,$$
and (3) retaining authority to determme Commission. as approprtate. shall rule on the spy rt Tuest within to days after toes (IS) dare arter to the holding of Priorities and control the compass of the f
the fl ling oc be motion.The Appeel the first preheartar conferanes. After hearing.
Board or Commission shall consider the this une a peutles may be==m-ame g
{
factore specified in il 1J84f e)(1) and onir with approval of the preending of. l (f) In any case in which, after con.
(e)(2) of this part is determining whether ficer, based on a halaaetaf of the fee. 2 sideration of the factors set forth in I
to great or deny a etsy apphcation.
tore specified in' paragraph (SMll of 3 paragraph (d) of this section the Com.
g this esetaca. Such an amended petitica mission or the presiding officer finds that for leave to intervene must asusfy the u{. the petitioner's interest is limated to one requirements of this paragraph (a) of R or more of the issuesinvolved in the pro.
this secues pertaining to spectfacitF.
l seeding, any order allowing interventios l
248 September 1,1932 n
I
s.
PART2 e RULES OF PRACt1CE FOR DOMESTIC UCENSING PROCEEDINGS shall limit his parucipation accordingly. j quests it thereafter. When a communica.
ig) A perinn permitted to meervene 9 Mit t'a==8hia= et proceediases
,, besumes a party to the proceeding,sub. 3 non twars more than one signature. the On motlets and for rood cause shown
- Commission will give the notice to the or on sta own initiative, the Comma s
2 ject i., any limitations imposed pursuant & person first signing unless the com, alon or the presiding offletrs of each 2 to paragraph tilof this section.
Unless naherwise expressly pro, g municanon clearly indicates otherwise.,affected procMag snar cuaddate er eht a
R for hearing or for other purposes two I vided in the..rder allowing intervention.
~
representatives of an interested State. *{ other federst a (c) The presiding offloor wtH afford f DgggdQj 8
" the granting..t a petition for leave t.)in.
r tervene J me change or enlarge the county naunicipality. and/or agencies U concurrent jurtadiction if it is found i
thereof, a reasonshie opportunity to i
,essues sps.sswd in the notice of hearing.
participate and to inteoduce evidence.
that such action will be conducive to
[t 2.714e Appeels frese cereale relings in witnmn. and advise the me proper dispatch of its businen and os petitless for leave to gmeeevene
'hia='aa without reclutrtas the rep-to the ends of justsee and wtu be con.
. m I
med/se requests fee hearieg.
resentative to take a positJoe with re-docteel in accordance with the other
,rovtstons of this subpart.
p L
epect to the issue. Such partielpents amar aise im proposed flodense and es.
eeptions pursuant to 99 2.154 atw 2.142 "I 2.717 Commenesteset med termies.
gL and petitions for review by the Conn.
ties of jurisdiction of peesiding las Notwithstanding the provisions tansslos pursuant to 9 2.788. The pre.
effleer.
stdtag officer may rottuire such repro.
of i 1730 0. an order of the presiding sentative to indicate wtth*rmamanahle (a) Unless otherwise ordered by the officer or the atomic safety and licensing epecificity, in advance of the heartns, boarJ dmgnated to rule on pensions for Commission. the jurisdiction of the leaw to intervene and or requests for l aires to participatethe subject matters on wheek he d** $ presiding o'ficer des hearing may be appealed. in accordance g master taken a hearing over the proceeding. including
, with the provisions of this section, to the a b,,y motions and procedural matters. com-O Atormc Safety and Licensing Appeal er by me Commissies pursuant to mences when the proceeding con.
O Board machen ten (10) days after service 12.183 or sus speete, a peresa who gg mences. If no presiding officer has been a
at of the order The appeal shall be asserted not a party may, in the diserettee of designated, the Chief Administratise
- by the hiing of a notice of appeal and ac.
the Appeal Board er the Commissles.
Law Judge has such urisdiction or, if J
respectively, be persaltted to file a U
F comp.inung supporting brief. Any other brief "amleus eurlae". A perses who la he is unavailable, another hearing es.
part) ma) nie a briefin support ogor in not a party and destres to fue a brler
- s. miner has such jurisdiction.
]
opgwinon to the appeal within ten (IM must sotalt a motion far lease to de -
da> s af ter wruce of the appeal. No other as which lesattites the interest of the ! A proceeding is deemed to commence i
perses and states the reasses why 4 2 when a nonce of hearing or a notice of appeal from rulings on pensions andlar brief is destratie. Escept as otherwtu 6requesi tot hearing saiall be allowgd.
proelded by the Pa=mm er the MW " M" " 9 2.105 "
Appeal Board, such brief must be fDed g issued, within the tbse allowed to the party =
tbl An order wholly denying a peti.
whose position the brief will support.
e tion for leave to intervew and/or request A motaan of a perscn who is not a
"" When a notice of hearing provides that for a hearing is appeatable by the pets-
,, 8 the preseding officer is to be a hearing 8
9, esaminer.the Chief Administrative Law
[ *tsoner on the question whether the pets.
iaa amt or hearing request should have ganselen vul be granted as the disgro.
hedget will designate by order the hear.
taen of the Appeal Beart er the Cesa., ir.g esaminer who es to preside. The g been granted in whole or in part.
,alaulsa, a presiding officer's jurisdiction in each 1
y (c) An order grant ng a petition for leave to inscrvene and.or request for a g
g E*g,, g, 3 proceeding will terminate upon the es.
Ib R hearing is appealable by a ptrty other 8'**"'I'" P""
- E' *I *s piration of the period within which the than the petitioner on the question liesmo proceedings.
, Commission may direct that the record whether the petition and'or the request
" be certified to it for final decision. or for a hearing should have been wholly On motion or on its or his own initia.
when the Commission renders a final tive the Commission or the presiding decm w h W WM &n denied.
=
officer may order any parties in a pro.
shall have withdramn himulf from the i
i 2.715 participettee by a persee aos ceeding for the issuance of a construc.
case upon considering himself dis a poety.
tion permit or an operating licanse for a qualified. whichever is earliest.
.I 3 penduction or utilizanon (acility who
"" ib) The Director of Nuclear Reactor Is) A person who es not a party may. 3 have substantially the same interest that in the discretion of the presiding officer e may be affected by the proceeding and Regulation or Director of Nuclear g pearance by making oralor written state. " tions.to consolidate their prewntation ofbe permitted Material Safety and Safeguards, as ap.
3 n
snent of his poution on the innies at any ses-evidence, cross.esamination, briefs. pro. 5 any otherwise proper administranve x a
- non of the hearing or any prehearule con-posed findingsof fact and conclusionsof *[ tion with respect to a licenwe who is a fotence wittua party to a pending proceeding Arn law and argument. However. it may not
- ' may be fined by ttie presiding officer. but such limits and on such conditions as order any consolidation that would pre. 2 order related to the subject matter of sne judice the rights of any party. A con-pending proceeding may be modified M he may not otherwsw participate in the p
solidation under this section may be for the presiding officer as appenpriate ter
,, roceeding.
all purpows of the proceeding, all of the the purpose of the proceedine g
(b) The Secretary will give notice of issues of the proceeding, or with respect g a hearing to any person who requests it to any one or more issues thereof.
, prior to the issuance of the nonce of hearing. and will furnish a copy of the a
$ nnoce of hearing to any person who re.
4 i
September 1,1982 2 20 x
F
~
PART 2 o RULES OF PRACTICE FOR DOMESTIC UCENSINePROCEEDINGS t
t
, 2.733 Pew +r cf presidies offkw.
M(c) La any adledicados for'the ano sivs *** mony or proeues speciner.
deta dnados of any appl! cades for documents or other things at a desag.
noted time and lace. The subpoena will A ynesiding officer has the duty t initial licensing, other than arcontested P
reduct a fair and impartial hearing ac proceeding, the presidias olBeer ener also advise of @ quashing procedure c.tding to law, to take appropriate ac/
consult (1) the staN and (2) mamhece of Provided in paragraph (f)of this section.
non to avoid delay, and to maintain the panel appointed by the Commissioet
. (c) Unins W service of a subpoena order. He has all powers necessary to from which members of atomic safety,
is acanowledged on its face by the wit.
l those ends,includsng the powers to:
and lleensing bosatis are drawa:
ness or is served by an officer or (a) Administer oaths and affirmas horided.however. 'llnatja employee of the Commission,it shall be tions.
adjudicadone in which an a frota served by a person who is not a party to (b) Issue subpoenas authorized byl theinitialdecision may be to the the hearing and is not less than eighteen law.
AtomicSafety and Licensing Appeal (Ig) years of age. Service of a subpoena (c) Rule on offers cf proof, and Board, the presiding of5cer shall ast shall be made by delivery of a copy of g receive evidence.
consult any maapha of the Atomie the subpoena to the person named in it M (d) Order depositions to be taken.
Safety and Licemeing Appeal penales and tendering him the fees for one day's
[ing and the conduct of the participants.
- (e) Regulate the course of the hear.
any fact ia isons.
attendance and the mileage allowed b3 g
(d) Except as provided is pereyeph law. When the subpoena is issued on (f) Dispose of procedural requests or (c) of this section and i 2.75)(e),la any behalf of the Commission, tees and similar matters.
case of adfodication.no ofBeer or milease need not be tendered, and the (3) Examine witnesses.
g employee of the '.a==Imalaa who has r
subpoena may be served by registered (h) Hold conferences before or dur. gengaged ia the performance of any mail.
Ing the hearing for settlement, alavestigative er prosecadag fenceton in (d) Witnesses summoned by sub.
simplification of the issues. or any other f theest orafaceaallyrelatedcasemay Proper purpose.
g cipate oradvise in theinittel or poena shall be paid, by the party at I'
s 4 whose instonce they appear, the fees and (i) Certify questions to the Comma,s.
Aad=88= except as a witness or sion for us determination, either in his counsella the predeeding.Where an 2 mileage paid to witnesses in the district l
discretion or on direction of the Com-Initial or final decision la stated to seat 7 (e) The person serving the subpoena 1
e courts of the United States.
mission.
la whole erla part om fact or opimina
- 0) Reopen a proceeding for the obtained as a sueulf of a cohemitetles1st e' shall make cof of service by filitig ihe 1
reception of further evidence at any time comununication authorisedlyy subpoena and affidavit or acknowledge.
[
(c)of this esetion or i 2.780(el,M prior to initial decision.
the enhetance of he a ni-in ados shh whone the witnessis required to testify or j
i g, g,,,,g g, g, produce evidence or with the Secretary.
l and evey party an aNoded an Failure to make proof of service shall (k) Appoint special assistants from the Atomic Safety and !Jcensing Boani opportumty to controwwt to fact or
.not affect the validity of the service.
, Panel pursuant to i 2.722; opinion.If te perdes have not had an (f) On motion **de PromPtly and in j
l (1) Issue initial decisions; and opportunity to controvert such fact or any event at or before the time specified l
a (m)Take any other action consistent opinion prior to the filing of the decision, in the subpoena for compliance by the
- with the Act, this chapter, and sections 8 p*Tmay centrovert the fact or Person to whom the subpoena is l
- 551-853 of title 5 of the United States opinion by HHas as appeal from es directed, and ors notice to the party at
- Code, initialdad=8a= ora petitionfor whose instance the subpoena was issued econesiderationof a Analdecision, the presiding officer or. if he is unavaila clearly and esecisely setens forth the ble. the Commission may (I) quash or Inforanaden er ayussent seHed on to modify the subpuena if it is unreasonable
,,,ehow the contrary, or requires evidence not relevant to any matter in issue. or (2) condition denial of i
' I 2.720 m' the motion on Just and reasonable terms.
(3) On application and for good (a) On application by any party, the cause shown, the Commission will seek l 2.719 Seperstlee of fumetleen.
designated presiding officer or, if he is judicial enforcement of a subpncha not available. the Chairman of the issued to a party and which has not been h no(a) A presiding officer s'iali perform Atomic Safety and Licensing Board quashed.
duties inconsistent with his respon. $ Panel, the Chief Administrative Law g-T sibilities as a presiding officer. and will j Judget or other designated officer will
[ not be, responsible to or subject to the ; essue subpoenas requiring the attendance g g
[
and testimony of witnesses or the pro. '2 placable to the attendance and testimon, g supervisor or direction of any officer or g
employee engaged in the performance of g duction of evidence. The officer to
- of the Commissionersor NRCFrsonnel-investigative or prosecuting functions.
whom application is made may require a g or to the production of records or docu.
ll':
showmg of general relevance of the 1., ments in the custody shereof.
(b)ln any adjudication, the presiding cfficer may not consult any person other testimony or evidence sought, and may
=
withhold the subpoena if such a showing (2Xi) in a procecoing in which the than a member of his staff or a special is not made, but he shall not attempt to NRC is a party.the NRC staff will mane g casistant se provided for in i 2.722 on determine the admissibility of evidence. N 8'*"*
i "8'
(
g cny fact in issue unless on notice and g nated by the Esecutive Director for
- cpportunity for all parties to participate.,I (b)
O Every subpoens will bear the f puntions tw wal esannnanon at m a except(1)as required for the disposition N name of the Commission. the name and g hearing or on deposition regarding any O cf exporte matters as authorized by law { office of the issuing officer and the title matter. not privileged, which is relevant b',
a nd (2) as provided la paragraph (c) of of the hearing, and will command the to the issues in the proceeding. The at.
c
{this section.
Y person to whom it is directed to attend tendance ased teselmony of the Commas.
2*21 November 30,1983 O
O
~
~'
~ ~
PART2 o RULES OF PRACT1CE FOa 00AIESEC UCENWNG PROCEEDINGS e
\\
' siveers exd named tmC personr.el si a < ge g 1 ad to per:c.m : -?. od.cr ad. j hrma the pe>l>l!; officer may, at hearing or on deposition may not Ise re-k J"di*I
"' 'O' I ""if""" l 'b dwio't. eP,% int m the Atocdc quired by the presiding officer, by sub. R deems appropriate. The me n'-rs. f 8' l Safety and Licensing Board Pane!
poena or <,therwise: hovWed. That the e atonne safety and Heensiaj beani enti,crablished by the Commission, l
presiding officer may.upon a showing of g be designaied from the Atomic Lfety personnel to assist the presiding officer and Licensing Doord Panel estabibi"d in taking evidence and preparing a exceptional circumstances, such as a coes a
to which a particular named NRC by the Commission.
suitable re'eced for review.Such employee has direct personal knowledge (b) *!be Coaimindon or the Ctatm.nn *
"#7"#C"#"I'"Y of a material fact not known to the wit-et the Atomas CateW arvt Lic+Ws appropriate t.rce during the proceeding
' but'shp!!. et the time of the appointment.
nesses made available by the Executive Board Panet mar du*gr sta na almt, Director for Operations require the at.
eudified in the conduct of mai.'.rs.
be subject to the notice and tendance and testimony of named NRC ties proceedinen, or an ettemate her#r.c d squalification provisions as described sachntral or omer quanacaticca, rst 2,%'t.
la ! 2.704. Such special assistants may personnel.
for an atomic safety and IIcet.siu4 bcTad function a [-
(ii) In rddition, a party may file with estabushed pursuant to psrasraph t al W N Techr fcal btengators in their the presiding officer written interrogato.
thia section. If a member of a beard be.
ries to be answered by NRC personnel comes unavailable, the Comm1w.on c, individual!1.Ida of expertree.Such with knowledge of the facts designated the Chairmast of the Atante Safety And 'intemgators shall be required to study
., by alte Executive Director for Opera.
IJemnaang Board Panel may constattM tr.e written lestu, nony and sit with the the alternate qualtfled in tha concnct of presiding officer to hear the presentation -
g tions. Upon a finding by the presiding
.,eministrative proceedinsa, or the a"ar. -
omcar that answers so the enerrogsto-l nate having technical or other quantea-and cross-examinstion by the parties of
- u. ries are necessary to a proper decision m l
' tions, as appropriate, as a memb'er of the g
all witnesses gnterrogatora.on the issues of the -'expartg I the E'oceeding and that answers to the 'a board by notifying the attemate who s n.
l interrogatories are not reasonably ob.
- 6. as of the date of such not.tfication, a.arte rolela examining such witnesses to It tainable from any other source, the S that an alternato is unavanable er noas member of the board. In the event ensure that the record is as complete as poulbk presiding officer may require that the alternatas have been des'snated, and a (2) Upon consent of all the parties, staf' answer the interrogatories.
member of a board becomes unavattatale.
ce m Chatman o Special Masters to hear evidentiary (iii) No deposition of a particular fdans presentations by the parties on specific named NRC employee or answer to in.
Fanel mar appoint a member of the technical matters. and. upon completion terrogatories by NRC personnel pur' Atocale safety and IJeensing Board E ssel of the prescatation of evidence, to euent to paragraphs (h) (2) (i) and (ii) of who is eus118ed in the conduet of ed.
prepare a report that would become part this section shall be required before the maatstrange proceedines or a member of the record. Special Masters may rule matters in controversy in the proceeding having techntent or other gustificattoras*
on evidentiary issues brought before have been identified by order of the as appropriate, as a member of the them.in accordance with ll U43 and Commission or the presiding officer.
steente safety and licensing board b7 U57. Appeal.s from such rulings may be pursuant to 6 2.751s.or after the begin.
notifying the appointee who wlII. as of taken to the presiding officerin 1
c ing of the prehearing conference held the date of sunk nettocats% sem as a accordance with procedures which shall pursuant to i 2.752 ezeept upon leave of mesnber of the board.
3 be established in the presiding officer's the presiding officer for good cause 5 (c)In a proceedingla which an appeal '; order appointing the Special Master.
shows.
Dout the laitial decision may be taken to e Special Masters' reporta are advisory
=
the Atomic Fafety and I e==aing Appeel only; the presiding officer shall retain (iv) The provisions of 6 2.740(c) and a Board, the t'a==ia san will not
- final authority with respect to the issues
$ (e) sitall apply to interrogatories served *designete any mensbers of the Appeal heard by the Special Master.or pursuant to this subperagraph.
- u. Panel se members or alternates at the (3) Alternale Atomic Safety and W (3) Records or documents in the ; AtomicSafetyandLicensingBoard-Licensing Board members io sit with the 2 eustody of the Commissioners and NRC 88e.haumd to preside in such presiding officer, to participate in the
- personnel are available for inspection proceeding, evidentiary sessions on the issue for a
sad copying or photographing pursuant (di An atomic safety and licensing which the alternate members were to il 2.744 and 2.790.
board shall have the duties and may es, designated by examining witnesses, and arcase the powers of a presiding officer as to advise the presiding officer of their 2.728 Ateele safety and lisseslag granted by 4 2.713 and otherwise in this conclusions through an on.the record boards.
1 part. As any time when such a board isin report. This report is advisory only; the N
presiding officer shall retain final (a) The Commission or the Chair.
- esistence but es not actually in session.
authority on the issue for which the man of the Ascenic Safety and Licensing f any powers which could be esercised by alternate member was designated.
a presiding ot6cer or by the Chief Ad.
Board Panel may froen time to time I ministrative Law Judge
- may be eaer-(D) e presiding officer may, as a matter f descrellon. Infortnally seek the establish one or more atomic safety and cased with respect to buch a proceed..-(t
[ liceising boards, each comprised of by the chairman of the board I avint
[a'f ty7nd R 'h'ee me,mbers, one of whom will be jurisdiction over ii.
brief the presiding officer on the eneral cens ng Boa ane rt qualified in the conduct of administra.
- sive proceedings and two of whom shall 7 T&o meinoers or an atomic sancty e lechnicai background of subjects N have such technical or other qualifica. 5 licenssng board constitute a quorurn it o ng complex issues which the tionsasthe Co.amessaonorthe Chairman y one of those members is the mctn'xt p
d ng offic ght se eve of the Atomic Safety and Licensing a qualified in the conduct of adrainistra.
Board Panel deems appropriate to the Informall riefings shall take place prior issues to be decided, to preside in such (live proceedings.
to the hearing on the subject involved and shall supplement the reading and proceedings for granting, suspending < j U22 Specialassistante to the prestding study undertaken by the presiding revoking, or amending licenses o' officer.
officer.ney are not subject to the tuthorisations as the Commission may (a)la consultation with the panel procedures described in i UO4.
November 30,1983 2 22 4
1 n
l t
Report to the Numboldt County Board of Supervisors The NRC regulations do not con templ ate holding pubItc hearings on the draft EIS as such, rathe'r written comments are solicited on thedraft EIS for a specified period (ending June 16, 1986) and the draft is then modified to address the comments.
The modified document and the written, comments together become the EIS document considered with the.Itcense modification item.
Incidentally, a separate document known as a Safety Analysis (SA) is also considered at this time.
The SA is a question and answer dialog between the NRC and the licensee on the plan as submitted by the Itcensee.
Ducing conversations with the NRC I was given to understand that the EIS comment partod will be extended thirty days t.o July 16, 1986, as a result of requests already lodged with the NRC.
It was noted that comments received after the comment period closes would be as well but a modification to the EIS may or may not be accompitshed es a result of these " late"
- comments, depending on the work schedule.
A reques t f or public he aring on the d ra f t EIS is not pro v ided f or in the process.
Howeyer, anyone may request a pubItc hearing on the " proposed action:
(license modification EIS and SA) as provided f or in Chapter 10, c. f. r. 2. 714 ( d ).
The NRC wil1 in the near future send a formal notice in this regard called "a
notice of opportunity for prior hearing."
Three decision criteria are spelled out la the
- Rules of Practice."
They are:
1.
The nature of the petitioner's right under the Act to be made a part to the proceeding.
2.
The nature and eatent of the petitioner's property, financial or other interest in the proceeding.
3.
The pos sibl e e f f ec t o f any order which may be ent ered in the proceeding on the petitioner's " interest."
r These criteria seem to indicate that a request for hearing should also have reasons why the hearing should be allowed.
That is the hear.ing need not be all owed just because it was requested.
Based on all of this it appears to me that a reques t by the Board to eutend the EIS comment period.is moot.
F ur t he r, t h a t if'the Board determines to request s' pubite hearing that it would most successfully be done pursuant to Chapter 10, c.f.r.
- 2. 714 ( d ).
Also,that such a request shouId carry reasonswhy a hearing is needed and which speak to the aboye criteria.
e
'