ML20206L853

Grants 860610 Request for 60-day Extension of Comment Period on Des for Decommissioning.Request for Local Public Hearing on Des Denied

ML20206L853
Person / Time
Site:	Humboldt Bay
Issue date:	06/20/1986
From:	Berkow H Office of Nuclear Reactor Regulation
To:	Hauser D CALIFORNIA, STATE OF
References
NUDOCS 8606300449
Download: ML20206L853 (5)

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sp.KEcy UNITED STATES 4 NUCLEAR REGULATORY COMMISSION

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j WASHINGTON, D. C. 20555 5

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Docket No. 50-133 June 20, 1986 The Honorable Dan Hauser State of California Legislature 1334 5th Street, Suite G ,

Eureka, California 95501

Dear Assemblyman Hauser:

l By letter dated June 10, 1986, you requested that a public hearing be convened in the Humboldt Bay region on the Draft Environmental Statement (DES) for decomissioning of the Humboldt Bay Power Plant, Unit No. 3.

l As you stated in your letter, we have extended the coment period for 60 i days. A copy of our notice to the Federal Register granting the 60-day extension is enclosed for your information. We agree that input from members of the public and interested groups is an important part of the DES review process and that the additional 60 days will provide further opportunity for public coment.

. With respect to your request for a hearing, however, the Nuclear Regulatory 3 Comission wi;l not be scheduling a hearing (i.e., public meeting) for the public to coment on the DES. As you stated, we did have a public scoping meeting in Eureka, California, on December 4,1984 to help establish the scope of the DES. In our preparation of the DES, we considered comments given by the public at that meeting, including your testimor.y presented by your Field Representative, Steve Lieker.

Under 10 CFR Sections 51.73 and 51.74 of the Comission's regulations, DESs are distributed to various Federal, State and local agencies and other

. interested organizations and individuals and a minimum coment period of 45 days is provided. Pursuant to 10 CFR Section 51.91, the Final Environmental Statement on the Humboldt Bay Plant decomissioning will include responses to the comments submitted to the NRC, and may be modified in response to the submitted coments.

The public may also participate in the Commission's consideration of the proposed Decomissioning Plan by filing a petition for leave to intervene before a panel of three administrative judges. In the near future, we will be publishing, in the Federal Register, a Notice of Opportunity, for Hearing 1 with respect to both environmental issues and safety issues related to the I proposed Decomissioning Plan. The Notice will describe how interested persons may gain admission as parties to any adjudicatory proceeding that may be held on the proposed plan in accordance with 10 CFR Section 2.714 of the Commission's Rules of Practice. Parties to the proceeding may litigate specific concerns or " contentions" that meet certain basis and specificity i

requirements.

l 8606300449 860620 PDR ADOCK 05000133 D PDR

., June 20, 1986

' The Honorable Dan Hauser In addition, pursuant to 10 CFR Section 2.715, the presiding officer of the proceeding traditionally permits persons who are not parties to the proceeding to make limited appearances and to provide oral or written statements on the issues at the hearing within the limitations as may be fixed by the presiding officer. Please refer to the enclosed copy of 10 CFR Sections 2.714 and 2.715 for further details on party and nonparty participation.

Sincerely, Original signed by Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B

Enclosures:

As stated i

DISTRIBUTION:

[DocketFilerT' NRC PDR Local PDR SSPD Reading PNoonan PErickson Olynch HBerkow FMiraglia OELD

• SEE PREVIOUS CONCURRENCE SHEET DPWRL-B:SSPD* DPWRL-B:SSPD* DW .L .SSPD B- PD PNoonan PErickson OL h PWfw HBei l 06/19/86 06/19/86 06/go/86 06/JD/86

4

! The Honorable Dan Hauser In addition, pursuant to 10 CFR Section 2.715, the presiding officer of the proceeding traditionally permits persons who are not parties to the proceeding to make limited appearances and to provide oral or written statements on the issues at the hearing within the limitations as may be fixed by the presiding officer. Please refer to the enclosed copy of 10 CFR Sections 2.714 and 2.715 for further details on party and nonparty participation.

Sincerely, erbert N. Ber ow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B 7

Enclosures:

As stated

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G 7590-01 UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-133 PACIFIC GAS AND ELECTRIC COMPANY DRAFT ENVIRONMENTAL STATEMENT FOR DECOMMISSIONING OF HUMBOLDT BAY POWER PLANT UNIT NO. 3 EXTENSION OF COMMENT PERIOD On April 28, 1986 (51 FR 15853), the NRC published a Notice entitled

" Availability of the Draft Environmental Statement for Decommissioning of Humboldt Bay Power Plant, Unit No. 3." The comment period for this Draft Environmental Statement (DES) was to expire on June 16, 1986. Mr. Michael R.

Sherwood of the Sierra Club and Mr. James S. Adams of the Redwood Alliance, both from California, have requested a sixty day extension of the comment period. The need for a thorough review by the public and the importance of the decommissioning issue was cited as justification for the requested extension. We agree that public comment on this DES is important and, therefore, an extension of sixty (60) days is granted. The extended comment period now expires August 15, 1986.

Comments submitted after this date will be considered if it is practical to do so but assurance of consideration cannot be given except as to conments submitted before this date. .

sc;r ;:c::tv c?

?t >to .

2 Comments on the DES from interested members of the public should be addressed to the U.S. Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: John Philips, Chief, Rules and Procedures Branch, Division of Rules and Records, Office of Administration, 4000 MNBB.

Dated at Bethesda, Maryland this 6th day of June,1986.

. FOR THE NUCLEAR REGULATORY COMMISSION Herbert N. Berkow, Director Standardization and Special Projects Directorate Division of PWR Licensing-B 9

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I 2.713k) 2.714(f)

PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS request a stay pursuant to peregraphs (c)(1) and (c)(4) of this section. A (b) Not later than fifteen (18) dare proceeding may be stayed for a pele to the holdlag of the special peo-ressnnaue time in order for en affected . ' hearts seateremos pursuant se party to obtain other representetion if 9 MH Inter'estlee- $ 3.'fSla, er where as speelal preherb this would be necessary to prevent N) Any peroom whose laterut ha conferense is held, fifteen (15) stay be affected by a proceeding and days prier to the holdtas of the first injustice'one (3) Any dieciplined pursuant towho destres to participate as a party preheartas esaformes, the pouuener thia section may within ten (to) days shall fDe a written peution for leave to shau fDe a =tta-=* to his pettlies e er issuance of the order file an appeel la vene. k a proceedias mouced pur- W hiervene which met include a Ms4 with the Atomic Safety and ucanains suant to g 3.108, any person whose in- af the senteouser which petitlemer Appeal Board or the Commission. as terut may be affected may also re- eW have MIM h the matter, appropriate.The appeal shall be in guest a heartas. The petition and/or and the bases fee ach centention est wnting and state concieely, with roguest shan be fDed not later than forth with reasonable specificity. A po-supporting argument, why the appellent the tiene specified h the aotice of a uuoner who fade to fDe such a supple-believes the order was erroneous, either hearts, or as provided by the Conn. " meant which antistles the requiremente as a matter of fact or law.The Appeal misalon, the presidtag offloor er the !I of this paragraph with respect to at stemic safety and saamasing board deo- least cae emptenuen wSI act be per-Board or Commission as appropriate. Ignated to rule en the peution and/or smitted to paruetpata as a party. Add 6-shall consider each appeal on the merits. request, er as provided in 3 3.103(dx3). tional thae for fBlag the suppiament including appeals in cases in which the Nonthesly fDings wlIl act be enter- may be granted based tapon a balano-suspen. ton period has already run. If tataed absent a deter-ina' tan by the he of the factere laparagraph (aX15 necessary foe a full and fair ea - =8==8= the proelding offloor or consideration of the facts, the Appeal the stesale safety and lleensing board y this sectica, Board or Commission, es appropriate. designated to rule on the petition and/

may conduct further evidenuary or request, that the peution and/or re-hearings or may refer the matter to quest abould be granted based upon fileaan*fanswer (c) Anyto aparty to for petition a rroceeding leave to may another presiding ofheer for balaaetag of the foDowing factore in intervene within ten (10) days after de'el*P*'"t of " "rd in the latt" addition to those set out h paragraph ; service of the petition. with particular event. unless the Appeal Board or the (d)ef thissecuca: es reference to the factors set forth in Commission. as appropriate. provides G) Good cause,if any, for inDure to ** paragraph td) of this section. Howev- '

fDe on tiana. er, the staff may file such an answer specihe directions to the presiding gg)'the avaBabGity of eGher useams l officer, that officer shell determine the within fifteen t15) days af ter service of winereby the peuuoner's inteisst WS1 the petition.

procedure to be followed and who shall be protected. L.

present evidence. subject to applicable (111) The estant to ubich the peti-provisions oflaw. Such hearirig shall Mener's participation may raaaaaahlF f (d) The Commission, the presiding commence as soon as possible. In the 3 he awared to amnist an developtag a 3 officer or the atomic safety and licensing S case of an attorney. if no appealis taken g sound record.

of a suspension. or,if the suspension is " (ty) 'Ibe extent to which the peti g board designated to rule on petitions to intervene and/or requests for hearing upheld et the conclusion of the appeal. [ he laterest wEl be represented by E snaii,in r.iing on a petition ror ieave io the presidmg officer. the Appeal Board. fI .gg,88N"-estant to which the peution R intervene, cons! der the following factors, or the Commission. as appropriate, shall ,,,e paruelpauen wSI broaden the [among other things:

I notify the state bar(s) to which the attorney is admitted. Such notification haun er delay the preeneding. .

(3) The peution shall set forth with shallinclude copies of the order of particulartty the hterest of the peu- (I) The nature of the petitioner's suspension, and. if an appeal wee taken, right under the Act to be made a party to

- briefs of the par; : . and the decision of tanner h the presseding, how that in. R terest snar he affected by the resulte . the PrMing.

O the Appeal Board or Commission. of the proceeding, tacteding the ren I . (2) The nature and eatent of the peti.

3 (4) A suspension exceedmg 1 day some why pottuoast abould be persalt et tiener,s property, financial, or other in-

! 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 to latervene, with partleular sofer.

• terest in the proceeding.

. the date the suspension orderis issued. ease to the instere h paragraph (d) of A (3) The possible effect of any order

• Within this time a suspended ladividual this asetana, and the spectne upset er which may be entered in the proceeding

'may request a stay of the sanction from aspects of the saWest matter of the on the petitioner's interest.

the appropriate reviewing tnbunal peceseding as to 6 peUMoner y pending appeal. No responses to the (*) A8 du P"mMng intwnnon stay request from other parties will be who has filed a pets.

Men he leave 2 hiervene er who has and/or directing a hearing may be conds.

entertained. lf a timely stay request to been aduattted as a party puremsat to tioned on such terms as the Commission.

filed the suspension shall be stayed this seedse may amend his petition o Presiding officer or the designsted until the reviewing tnbunal rules on the motion.The stay request shall be in for leave to batarvene. A pettuen may y stomic safety and licensing board may writing and contain the informetion be amended without prior approval of N direct in the interests of;(t) Restricting specified in il 2.7ee(b)(1). (2) and (4) of the presedlag effloor at any thee up te s irrelevant, duplicative,or repetitive evi-this part.The Appeal Board or fifteen of (15) daysprehearts the spondal poter to the holding

• desce eenfeemse R and argument,(2)having common Commission, as appropriate, shall rule pureumet to Wela, er where as spo. intereas Vesented by a P esman* k on the etsY 9"est within to deYe after edel probearing seaferemos is held, fif. WWmaWaMy2 hee the filing of the motion. 'the Appeal team (15) days prior to the holding of Priorities and control the compass of the the Bret prehearts eenfamot After hearing.

Board or Comunission shall consider the factors specified in il 2.7ee(e)(1) and this une a peution snar he amended 0 (e)(2) of this part is deteraming whether only with approval of the presidtag of- l (f) In any case la which, after coe.

to grant or deny a stay apphcation. fleer, based on a talametag of the Sne 2 sideration of the factors set forth in tore specified h paragraph (aM1) of

• paragraph (d) of this section, the Com.

- this soeuom. Such an amended petitica I mission er the presiding officer finds that for leave le latervene must antasty the E the petitioner's interest is limited to one restuirementa of this paragraph (a) et this soeuen pertainlag to spectnetty. or more of the issues involved in the pro-eseding, any order allowing interventice 2 19 September 1,1982

l 2.714(O PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS 2.717t h ,

shall limit his participation accordingly. d quests it thereafter. When a communica. Dit Ceasetidaties of proceedings.

(31 A person permitted to intervene On motion and for good cause shown besomes a party to the proceeding.

• sub g tion bears more than one signature. or on its ownthe initiative the Commis-b ject to any limitations imposed pursuant [ Comminion will giveunless person first signing the notice the com.to the sion or the presiding offtoers of each Eaffected proceeding may consolidate R

a to thparagraph til of this section.Unless a- otherwise empressly pro. R munication clearly indicates otherwise. g fw hearing or fo wided in the order allowing intervention.

{ the grantity of a petition for leave

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(c)'Ihe presiding offloer will afford *"

to in.

Mpresentatives of an laterested State Ehs d r county. muntetrality and/or agencies'

• other federal agencies on matters of 0 concurrent jurisdiction. if it is found tervene d not change or enlarge the themof. a reasonable opputunity to that such netton will be conducive to

, issues speus.ed in the notice of hearing. participate and to introduce widence, the proper dispatch of its business and

~ interrogats witnames. and advise the to the ends of Justice and will be con-f t 2 7tes APPeeis from coetale rellags r%=mi-ton without reeutring the rep = ducted in tocordance with the other se petitions for leave to latervene resentative to talte a position with re- provisions of thh subpart.

g med/or requests for bearing. spect to the jesue. Such participante

[ may also fue proposed findings and es- 3 2.717 Commencement and termina-g emptions pumuant to MW and M ,g,, ,g ),,g,4;,,,,, ,g P',,gg;,g and petitions for review by the Com.

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salasson pursuant to 13.708. The pre- 'fII"f-(a) Notwithstanding the provisions steins offloor may require such repre-of i 2.730tf), an order of the presiding sentative to ids =*+ with reasonable (al Unless otherwise ordered by the ofGcer or the atomic safety and licensing specificity. In advance of the hearing. Commission, the jurisdiction of the board designated to rule on petitions for the supject matters on which he de- f presiding ofncer designated to conduct a scave to intervene and'or requests for stres to participate. a hearing over the proceeding, including taken b the motions and procedural matters, com-hearing may be appealed,in accordance ,

,, with the provisions of this section.to the a w by the h=* pumuant to mences when the proceeding com.

mences. If no presiding of6cer has been 2 Atoriic Satei3 and Licensing Appeal 3 ' g g30s O Board within ten (10) days after service act a partyorassy.

sua sente.

hs the aGetretion porean who of is designated, the Chief Administratise as of the order The appeal shall be asserted the Appeal Board or the t%-.a-a" Law Judge has such jurisdiction or, if

" by the tiling of a notice of appeal and ac- respectively. he permitted to file a he is unavailable another hearing es.

krlef asaleus eurlas h E companpng supporting brief. Any other te s ,,a, miner has such jurisdiction.

party ma3 tile a brief in support of or in must submit a notaan for h to do -

oppoution to the appeal within ten (10) so which teentafles the hderest of the k A proceeding is deemed to commence days atter service of the appeal No other and states the reasons why a R when a notice of hearing or a notice of appeat from ruimgs on petitions and/or is damirable. Encept as otherwise requeus for hearing shall be allowed. provided by the tw ma==s= or the' [ proposed action pursuant to i 2.105 is

.- Appeal Board. such brief must he fDed g; issued.

within the thee eBowed to the party -

(b) An order wholly denying a peti- whose position the trief win support. " When a notsce of hearing provides that tion for leave in intervene and/or request A notaan of a pomon who is met a the presiding ofncer is to be a hearing for a hearing is appestable by the peti-tioner on the question whether the peti-( ,

hission will be granted at the

"*I gr I

. examiner the Chief Administrative Lam Judget will designate by order the hear.

g en nN1 or hearirig request should have tson of the Appeal Board or the Com- ing examiner who is to preside. The g been granted in whole ,or in part., , mission. presiding ofGcer's jurisdiction in each (c) An order granting a petition for =

g Part g, , proceeding will terminate upon the en g leave to intervene and/or request for a i enestrucHee perah or opn% a piration cf the period within which the R hearing is appealable by a party other

• Commission may direct that the record than the petitioner on the question II""" P'*"*E'E'* E be certified to it for Gnal decision, or whether the petition and/or the request . . . . when the Comminion renders a Gnal for a hearing should have been wholly On motion or on its or his own initia-denied.

ti the Commission or the presiding g officer may order any parties in a pro. onside ng self dis-2.715 Participaties by a penee met ceeding for the issuance of a construc. C88gupon a party. tion permit or an operating license for a 3 production or utilization facility who = (b)* The Director of Nuclear Reactor

, (a) A person who is not a party may, g have substantially the same interest that Regulation or Director of Nuclear m the discretion of the presiding ofLcer, a may be affected by the proceeding and Material Safety and Safeguards, as ap-be permitted to make a limited ap

• who raise substantially the same ques

• propriate may issue an order and take g pearance by making orat or written state- tions to consolidate their presentation of ! any otherwise proper adr;iinistrative ac-g ment of his position on the imues at any ses- evidence, cross enamination, briefs. pro- e

, alon of the hearing or any prehearing con- posed findingsof fact,and conclusionsof pa [ tion to with respect a pendmg to a licensee proceeding Any aho is a g forence wnhin law and argument. However,it may not

, auch limits and on such conditions as order.any consolidation that would pre R order pending related proceeding to be may themodified subject by matter of the may be fixed by the presiding ofLcer.but judice the rights of any party. A con- the presiding ofLcer as appropriate for he may not otherwise participate in the solidation under this section may be for the purpose of the proceedina p

, roceeding- all purposes of the proceeding, all of the -

issues of the proceeding, or with respect p (b) The Secretary will give notice of .

to any one or more issues thereof.

I a hearing to any person who requests it .

g Prior to the issuance of the notice of a bearing. and will furnish a copy of the

$ notice of hearine to any person who re-September 1,1982 2 20

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